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CONSOLIDATION Certain Canada Port Authorities Divestiture Regulations SOR/2000-1 Current to June 20, 2022 Last amended on June 23, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 23, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 23, 2016 TABLE OF PROVISIONS Certain Canada Port Authorities Divestiture Regulations 1 Interpretation Application Applicable Provisions Survivor and Children Adaptation of Subsection 10(5) of the Act Adaptation of Sections 12 and 13 of the Act Coming into Force Current to June 20, 2022 Last amended on June 23, 2016 ii Registration SOR/2000-1 December 14, 1999 PUBLIC SERVICE SUPERANNUATION ACT FINANCIAL ADMINISTRATION ACT Certain Canada Regulations T.B. 827750 Port Authorities Divestiture December 9, 1999 The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Certain Canada Port Authorities Divestiture Regulations. a S.C. 1992, c. 46, s. 22 Current to June 20, 2022 Last amended on June 23, 2016 Certain Canada Port Authorities Divestiture Regulations Interpretation 1 The definitions in this section apply in these Regulations. Act means the Public Service Superannuation Act. (Loi) new employer means a person or body who, under letters patent of incorporation issued by the Minister of Transport, carries out the activities that were formerly carried out by a Local Port Corporation or a Non-Corporate Port of Canada Ports Corporation and includes a person who acts for or on behalf of that person or body. (nouvel employeur) Application 2 (1) Subject to subsection (2) and section 3, these Regulations apply to a person who was deemed to be part of the public service under the Divestiture of Service Transitional Coverage Regulations and who, for the purposes of the Act, ceases to be employed in the public service and becomes employed by the new employer on or after January 1, 2000. (2) These Regulations do not apply to a person who subsequently becomes re-employed by the new employer. (3) Sections 4 to 9 do not apply to a person who has exercised an option under subsection 3(2). SOR/2016-203, s. 74(E). Applicable Provisions 3 (1) Sections 12, 13 and 13.01 of the Act only apply to a person on and after the date on which that person ceases to be employed by the new employer. (2) Despite subsection (1), where, on or after January 1, 2000, a person would be eligible, were it not for these Regulations, to exercise an option under subsection 12(3) or section 13.01 of the Act, the person may exercise such an option no later than one year after the date on which the person ceases to be employed in the public service and becomes employed by the new employer. Current to June 20, 2022 Last amended on June 23, 2016 Certain Canada Port Authorities Divestiture Regulations Applicable Provisions Sections 3-8 (3) A person who has exercised an option under subsection (2) is deemed not to have become employed by the new employer for the purposes of these Regulations and of sections 83 to 99 of the Public Service Superannuation Regulations and is not entitled to exercise an option pursuant to subsection (1) when the person ceases to be employed by the new employer. SOR/2016-203, s. 74(E). Survivor and Children 4 For the purposes of subsection 12(8) of the Act, the survivor and children of a person who dies while employed by the new employer are entitled to a death benefit equal to a return of contributions. 5 For the purposes of subsection 13(3) of the Act, the survivor and children of a person who dies while employed by the new employer are entitled to an allowance as described in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act. 6 For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of the person during the period that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which that person ceases to be employed by the new employer is entitled to an allowance under Part I of the Act. SOR/2016-203, s. 74(E). Adaptation of Subsection 10(5) of the Act 7 For the purposes of subsection 10(5) of the Act, the one year period referred to in paragraph 10(5)(a) of the Act shall begin on the date on which the person ceases to be employed by the new employer. Adaptation of Sections 12 and 13 of the Act 8 For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with the new employer that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which the person ceases to be employed by the new employer. SOR/2016-203, s. 74(E). Current to June 20, 2022 Last amended on June 23, 2016 Certain Canada Port Authorities Divestiture Regulations Adaptation of Sections 12 and 13 of the Act Sections 9-10 9 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by the new employer. SOR/2016-203, s. 74(E). 9.1 A contributor to whom these Regulations apply is considered to be a Group 1 contributor. SOR/2016-203, s. 73. Coming into Force 10 These Regulations come into force on January 1, 2000. Current to June 20, 2022 Last amended on June 23, 2016
CONSOLIDATION CKFTA Rules of Origin for Casual Goods Regulations SOR/2014-300 Current to June 20, 2022 Last amended on January 1, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 1, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 1, 2015 TABLE OF PROVISIONS CKFTA Rules of Origin for Casual Goods Regulations Interpretation Casual Goods *3 Coming into Force Current to June 20, 2022 Last amended on January 1, 2015 ii Registration SOR/2014-300 December 12, 2014 CUSTOMS TARIFF CKFTA Rules of Origin for Casual Goods Regulations P.C. 2014-1455 December 12, 2014 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CKFTA Rules of Origin for Casual Goods Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on January 1, 2015 CKFTA Rules of Origin for Casual Goods Regulations Interpretation 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Casual Goods 2 Casual goods that are acquired in Korea are considered to originate in that country and are entitled to the benefit of the Korea Tariff if (a) the marking of the goods is in accordance with the marking laws of Korea and indicates that the goods are the product of Korea or Canada; or (b) the goods do not bear a mark and nothing indicates that the goods are not the product of Korea or Canada. Coming into Force 3 These Regulations come into force on the day on which section 47 of the Canada–Korea Economic Growth and Prosperity Act, chapter 28 of the Statutes of Canada, 2014, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force January 1, 2015.] Current to June 20, 2022 Last amended on January 1, 2015
CONSOLIDATION Canadian Forces Superannuation Special Election Regulations SOR/66-78 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Made Pursuant to Vote 59D of the Appropriation Act Number 2, 1965 Current to June 20, 2022 ii Registration SOR/66-78 February 3, 1966 APPROPRIATION ACT NO. 2, 1965 APPROPRIATION ACTS Canadian Forces Superannuation Special Election Regulations P.C. 1966-212 February 3, 1966 His Excellency the Governor General in Council, on the recommendation of the Associate Minister of National Defence, pursuant to Vote 59d of the Appropriation Act Number 2, 1965, is pleased hereby to make the annexed Canadian Forces Superannuation Special Election Regulations. Current to June 20, 2022 Regulations Made Pursuant to Vote 59D of the Appropriation Act Number 2, 1965 1 These Regulations may be cited as the Canadian Forces Superannuation Special Election Regulations. 2 In these Regulations, Act means the Canadian Forces Superannuation Act; and (Loi) contributor includes a former contributor. (contributeur) 3 These Regulations apply to a contributor under the Act who, by reason of erroneous advice that he received from a member of the Canadian Forces or person employed in the Public Service, whose ordinary duties included the giving of advice as to the election of service under the Act or Part V of the Defence Services Pension Act, failed to elect in respect of service prior to becoming a contributor under such Act within the time prescribed therein to pay for that service. 4 (1) A contributor described in section 3 who was at any time a contributor under the Act or Part V of the Defence Services Pension Act may elect, in respect of the service described in section 3, to count that service for the purposes of the Act whether or not he is, at the time of so electing, a member of the Canadian Forces, if he elects within one year of the day on which he is advised by the Minister of National Defence that such service may be counted by him and that election shall be deemed to have been made by him under the Act within the appropriate time prescribed in the Act. (2) Every election made under subsection (1) shall be in the form prescribed by the Minister of National Defence and the provisions of the Act with regard to the making of elections, except as provided in subsection (1) of this section and in paragraph (b) of subsection (2) of section 7 of the Act, shall apply mutatis mutandis to the making of such an election. 5 Where a contributor makes an election pursuant to section 4, he shall pay the contributions he would otherwise have had to pay as provided (a) in section 6 of the Act, as that section stood on the 1st day of March, 1960, as if he had made an election Current to June 20, 2022 Canadian Forces Superannuation Special Election Regulations Sections 5-6 pursuant to that Act within the appropriate time prescribed in clause (B) of subparagraph (i) of paragraph (b) of section 5 or in clause (A), (B), (C), (D), (E), (F), (G), (H) or (J) of subparagraph (ii) of paragraph (b) of section 5 of the Act, or (b) in subsection (2) of section 48 of the Defence Services Pension Act as that section stood immediately before the coming into force of the Canadian Forces Superannuation Act, as if he had made an election pursuant to section 48 of that Act within the appropriate time prescribed, as applicable. 6 (1) Where a contributor described in section 3 has, following the receipt of erroneous advice, made an election pursuant to clause (K) of subparagraph (ii) of paragraph (b) of section 5 of the Act or pursuant to subsection (2a) of section 48 of the Defence Services Pension Act for a period of service described in section 3, that election shall be deemed to have been made by him pursuant to the appropriate statutory provision under which he might have so elected immediately following the receipt of the erroneous advice, and within the time prescribed in that statutory provision or Order in Council for the making of such an election and an appropriate adjustment, by refund or by reduction in the number of instalments, shall be made in respect of the contributions required by reason of his election under the Act. (2) For the purpose of calculating a refund or reduction to be made pursuant to subsection (1), an election described in that subsection shall be deemed to have been made pursuant to section 4. Current to June 20, 2022
CONSOLIDATION Canadian Energy Regulator Processing Plant Regulations SOR/2003-39 Current to June 20, 2022 Last amended on March 16, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 16, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 16, 2020 TABLE OF PROVISIONS Canadian Energy Regulator Processing Plant Regulations 1 Interpretation Application PART 1 General 16 PART 2 Design 26 PART 3 Construction 28 PART 4 Testing and Examination 30 PART 5 Operation 46 PART 6 Reporting 52 PART 7 Audits, Inspections and Record Retention 56 PART 8 Consequential Amendment and Coming into Force 56 Consequential Amendment Coming Into Force Current to June 20, 2022 Last amended on March 16, 2020 ii Registration SOR/2003-39 January 30, 2003 NATIONAL ENERGY BOARD ACT Canadian Energy Regulations P.C. 2003-70 Regulator Processing Plant January 30, 2003 The National Energy Board, pursuant to subsection 48(2) of the National Energy Board Act, hereby makes the annexed National Energy Board Processing Plant Regulations. Calgary, Alberta, December 20, 2002 Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 48(2) of the National Energy Board Act, hereby approves the annexed National Energy Board Processing Plant Regulations, made by the National Energy Board. Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations Interpretation 1 The definitions in this section apply in these Regulations. abandon means to permanently cease operation such that the cessation results in the discontinuance of service. (cessation d’exploitation) Act means the Canadian Energy Regulator Act. (Loi) Commission means the Commission referred to in subsection 26(1) of the Act. (Commission) construction includes clearing or grading. (construction) deactivate means to remove temporarily from service. (désactivation) decommission means to permanently cease operation such that the cessation does not result in the discontinuance of service. (désaffectation) environment means the components of the Earth and includes (a) air, land and water; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; and (d) the interacting natural systems that include components referred to in paragraphs (a) to (c). (environnement) incident means an occurrence that results or could result in a significant adverse effect on property, the environment or the safety of persons. (incident) operate includes repair, maintain, deactivate, reactivate and decommission. (exploitation) pressure piping means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other equipment that is designed for the transport of fluids and is connected to a boiler or pressure vessel. (tuyauterie sous pression) Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations Interpretation Sections 1-4 pressure vessel means a vessel that is designed for the containment of fluids at internal gauge pressures of more than 103 kPa, has an internal volume of more than 42.5 L and has an internal diameter of more than (a) 152 mm, if it is not in water service; or (b) 610 mm, if it is in water service. (appareil sous pression) processing plant means a plant used for the processing, extraction or conversion of fluids and all structures located within the boundaries of the plant, including compressors and other structures integral to the transportation of fluids. (usine de traitement) release includes discharge, spray, spill, leak, seep, pour, emit, dump and exhaust. (rejet) SOR/2008-270, s. 1; SOR/2013-17, s. 1; SOR/2020-50, s. 32. Application 2 (1) These Regulations apply in respect of hydrocarbon processing plants that fall within the definition of “pipeline” in section 2 of the Act. (2) These Regulations do not apply in respect of (a) well-site facilities; or (b) field facilities. 3 The duties imposed on a company under these Regulations are duties in respect of a processing plant that is designed, constructed, operated or abandoned by the company. PART 1 General 4 (1) A company shall ensure that its processing plant is designed, constructed, operated or abandoned in accordance with the provisions of (a) these Regulations; and Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 1 General Sections 4-9 (b) the Canada Occupational Health and Safety Regulations. (2) If there is an inconsistency between these Regulations and the Canada Occupational Health and Safety Regulations, the latter Regulations prevail to the extent of that inconsistency. SOR/2013-17, s. 2. 5 A company shall ensure that its processing plant is designed, constructed, operated or abandoned in accordance with the designs, specifications, programs, manuals, procedures, measures and plans developed and implemented by the company in accordance with these Regulations. 6 If a company is required by these Regulations to develop a design, specification, program, manual, procedure, measure or plan, the Commission may order amendments to it if they are necessary for safety or environmental reasons or in the public interest. SOR/2013-17, s. 3(E); SOR/2020-50, s. 35. 7 The Commission may order a company to submit to the Commission within a specified period a design, specification, program, manual, procedure, measure, plan or document if (a) the company makes an application to the Commission under Part 3 or 6 of the Act; or (b) the Commission receives any information that the design, construction, operation or abandonment of the company’s processing plant, or a part of it, is or may cause (i) a detriment to property or to the environment; or (ii) a hazard to the safety of persons. SOR/2020-50, s. 33; SOR/2020-50, s. 35. 8 [Repealed, SOR/2013-17, s. 4] 9 (1) A company shall develop a program for the design, construction, operation and abandonment of pressure vessels and pressure piping at its processing plant and shall submit the program to the Regulator prior to implementation. (2) [Repealed, SOR/2013-17, s. 5] SOR/2013-17, s. 5; SOR/2020-50, s. 36. Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 1 General Sections 10-15 10 A company shall develop, implement and maintain quality control and quality assurance programs in respect of the design, construction, operation and abandonment of its processing plant. 11 A company shall conduct a risk analysis to determine the spatial separation of sources of ignition from any possible source of flammable vapours. 12 A company shall ensure that its employees at its processing plant have the knowledge and training appropriate to the tasks to which they are assigned. 13 A company shall develop and implement a safety program to anticipate, prevent, manage and mitigate potentially dangerous conditions and exposure to those conditions during all construction, operations and emergency activities. 14 A company shall develop and implement an environmental protection program to anticipate, prevent, manage and mitigate conditions that have a potential to affect the environment significantly and adversely. 15 (1) If a company contracts for the provision of services in respect of the construction, operation or abandonment of its processing plant, the company shall (a) inform the contractor of all conditions or features that are special to the construction, operation or abandonment; (b) inform the contractor of all special safety practices and procedures to be followed as a result of those conditions or features; (c) take all reasonable steps to ensure that the construction, operation or abandonment activities are conducted in accordance with the manuals developed under sections 27 and 30; and (d) authorize a person to halt a construction, operation or abandonment activity in circumstances where, in the person’s judgment, the construction, operation or abandonment activity is not being conducted in accordance with the manuals developed under sections 27 and 30 or is creating a hazard to the safety of anyone at the construction, operation or abandonment site. (2) The company shall ensure that the person it authorizes under paragraph (1)(d) has sufficient expertise, Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 1 General Sections 15-21 knowledge and training to carry out competently the obligations set out in that paragraph. SOR/2013-17, s. 6(F). PART 2 Design 16 A company shall develop, implement and maintain detailed designs of its processing plant. 17 A company shall ensure that its processing plant is equipped with a source of emergency power. 18 A company shall ensure that each tank, bullet, sphere or other container that contains any fluid, other than fresh water, is designed, constructed and maintained to restrict and contain fluids and to minimize the risk to the safety of persons and to the environment in the event of an unintentional release. 19 A company shall ensure that equipment that has a source of ignition with which gas at explosive levels may come into contact is not located in the same building as any process vessel or other source of flammable vapour, unless (a) air intake flues are located outside the building in an area where gas is unlikely to be present; (b) relief valves, burst plates and other sources of flammable fluids are vented from the building or discharged to a flare header, or other location that is environmentally safe; (c) a specific risk analysis is conducted to determine what active, reactive or passive safety devices should be installed on that equipment and the company installs those devices; and (d) the building is cross-ventilated. 20 A company shall ensure that all process vessels and equipment from which any flammable fluid or toxic substance may be released are safely vented to a flare header or to other locations where the protection of the environment and the safety of persons are maintained. 21 A company shall ensure that all flare headers are equipped with a means by which the flame from the flare Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 2 Design Sections 21-26 header is prevented from entering into piping or a vessel from which the flammable vapour is being released. 22 A company shall ensure that hydrocarbon storage vessels or buildings used for the processing of hydrocarbons are equipped with reliable fire suppression systems appropriate to the risk that the vessels or buildings pose to the safety of persons or to the environment if the vessels or buildings catch fire or come into contact with fire. 23 A company shall equip its processing plant with systems that are appropriate to its buildings or structures and that are designed for the detection of (a) explosive and flammable gases; (b) toxic or noxious gases; and (c) fire, the products of combustion or temperature rise. 24 A company shall equip its processing plant with alarm devices that are (a) located where they can be heard or seen from all locations within the plant; and (b) designed in a manner that will allow a timely warning of danger to be given to persons in the plant or in the vicinity of the plant in order to permit safe evacuation or actions to control the danger. 25 A company shall ensure that all pressure-relief piping and systems are designed and constructed so that an emergency pressure release does not create a detriment to property or to the environment or a hazard to the safety of persons. PART 3 Construction 26 A company shall, during the construction of its processing plant, take all reasonable steps to ensure that (a) the construction activities at its processing plant do not create a detriment to property or to the environment or a hazard to the safety of persons that is greater than the detriment or hazard normally associated with identical activities carried on elsewhere in Canada; Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 3 Construction Sections 26-29 (b) persons at the construction site are informed of the practices and procedures that are to be followed for their safety and for the protection of the environment; and (c) persons on the work site are made fully aware of any escalation of risk when, during the final phases of construction, equipment testing and acceptance procedures begin at the processing plant. SOR/2013-17, s. 7. 27 (1) A company shall develop and implement a construction safety manual and shall submit it to the Regulator within the time specified by the Regulator. (2) A company shall keep a copy of the construction safety manual or the relevant parts of it at its processing plant, in a location where it is readily accessible to every person engaged in construction at the plant. SOR/2020-50, s. 36. PART 4 Testing and Examination 28 (1) A company shall ensure that each pressure test conducted at its processing plant is performed under its direct supervision or the direct supervision of its agent or mandatary. (2) A company shall ensure that the agent or mandatary referred to in subsection (1) is independent of any contractor that conducts the pressure test or any contractor that participated in the fabrication of the work to be tested. (3) The company, or the agent or mandatary who supervised the test, shall prepare, date and sign a record of the test. SOR/2013-17, s. 8. 29 (1) A company shall develop and implement a program for the non-destructive examination of welded joints for the purpose of determining their suitability and shall ensure that the program meets the requirements of this section. (2) Subject to subsection (3), the program shall include a requirement for the mandatory non-destructive examination of the entire weld volume of all piping welds. Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 4 Testing and Examination Sections 29-32 (3) The program may allow for examination of fewer than all piping welds provided that the program is based on a documented risk analysis. (4) If a company proposes to implement a program referred to in subsection (3) or a modification to that program, the company shall submit the program or modification and the risk analysis on which the program or modification is based to the Regulator prior to implementation. (5) Visual examination alone is not an accepted form of non-destructive examination for the purposes of this section. SOR/2020-50, s. 36. PART 5 Operation 30 (1) A company shall (a) develop, implement and regularly review and update operations manuals that provide information and procedures to promote safety and environmental protection in the operation of its processing plant, (b) keep a current copy of the operations manuals or the relevant parts of them at its processing plant, in a location where they are readily accessible to every person engaged in operations at the plant. (2) A company shall ensure that the operations manuals contain safe-work procedures for all tasks that present risks to the safety of persons or that may be detrimental to the environment. 31 (1) In this section, “safe-work permit” means a written authorization granted by a company that permits an activity to be carried on in or around its processing plant, subject to any conditions on the authorization. (2) A company shall develop and implement a safe-work permit system to manage and regulate all work at its processing plant. 32 A company shall ensure that its processing plant is staffed at all times with at least the number of employees set out in the report referred to in section 50. Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 5 Operation Sections 33-38 33 A company shall take all reasonable steps to ensure that (a) maintenance activities at its processing plant do not create a detriment to the environment or a hazard to the safety of persons that is greater than the detriment or hazard normally associated with identical activities carried on elsewhere in Canada; and (b) persons at a maintenance site are informed of the practices and procedures that are to be followed for their safety and for the protection of the environment. SOR/2013-17, s. 9. 34 No company shall operate any equipment with a hazard-detection alarm or shutdown device bypassed or rendered inoperable, unless other means are used to achieve an equivalent level of safety. 35 A company shall (a) develop, implement and regularly review an emergency procedures manual and, when required by a review, update the manual; (b) submit the emergency procedures manual to the Regulator sufficiently in advance of the initial processing of fluids to allow for a thorough review by the Regulator; and (c) submit to the Regulator any updates that are made to the manual. SOR/2020-50, s. 36. 36 A company shall establish and maintain a liaison with the agencies that may be involved in an emergency response activity at its processing plant and shall consult with them in developing and updating the emergency procedures manual. 37 A company shall take all reasonable steps to inform persons who may be associated with an emergency response activity at its processing plant of the practices and procedures to be followed and make available to them the relevant information from the emergency procedures manual. 38 A company shall develop and implement a continuing educational program for the police, fire departments, medical facilities, other appropriate organizations and agencies and the public residing adjacent to its processing plant to inform them of the location of the plant, potential emergency situations involving the plant and the Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 5 Operation Sections 38-42 safety procedures to be followed in the event of an emergency. 39 A company shall (a) maintain communication facilities for the safe and efficient operation of its processing plant and for emergency situations; (b) retain, in accordance with the record retention and handling program referred to in section 55, data recorded at the processing plant for analysis in the event of an incident; (c) if practical, clearly mark the open and closed positions of main emergency shutdown valves; (d) post along the boundaries of its processing plant signs indicating the name of the company and the telephone number to call in the event of an emergency at the processing plant; and (e) post signs warning of potential hazards. SOR/2013-17, s. 10. 40 A company shall (a) operate all hazard-detection devices as part of regular maintenance activities to test whether they are functional; and (b) document all tests, repairs and replacement of parts in the hazard-detection devices and retain, in accordance with the records retention and handling program referred to in section 55, the documents. SOR/2013-17, s. 11. 41 A company shall develop and implement a processing plant integrity program that sets out management systems, records systems and methodologies for monitoring the processes and components and for mitigating identifiable hazards at the plant. 42 (1) If a company proposes to deactivate a processing plant or part of one for 12 months or more, has maintained a processing plant or part of one in a deactivated mode for 12 months or more or has not operated a processing plant or part of one for 12 months or more, the company shall notify the Regulator of that fact. Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 5 Operation Sections 42-45 (2) The company shall set out in the notification the reasons, and the procedures that were or are to be used, for the activity that is the subject of the notification. SOR/2008-270, s. 2; SOR/2020-50, s. 36. 43 (1) If a company proposes to reactivate a processing plant or part of one that has been deactivated for 12 months or more, the company shall notify the Regulator of that fact before the reactivation. (2) The company shall set out in the notification the reasons, and the procedures that are to be used, for the reactivation. SOR/2008-270, s. 2; SOR/2020-50, s. 36. 43.1 (1) If a company proposes to decommission a processing plant or part of one, the company shall submit an application for the decommissioning to the Commission. (2) The company shall include in the application the reasons, and the procedures that are to be used, for the decommissioning. SOR/2008-270, s. 2; SOR/2020-50, s. 35. 44 (1) A company shall develop and implement a training program for persons who are directly involved in the operation of its processing plant. (2) The company shall ensure that the training program instructs those persons on (a) the safety regulations and procedures applicable to the day-to-day operation of the processing plant; (b) responsible environmental practices and procedures in the day-to-day operation of the processing plant; (c) the proper operating procedures for the equipment that the persons could reasonably be expected to use; and (d) the emergency procedures set out in the manual referred to in section 35 and the operating procedures for all emergency equipment that the persons could reasonably be expected to use. SOR/2013-17, s. 12(F). 45 The company shall ensure that all visitors to its processing plant are made familiar with the components of the safety program necessary for their personal safety before they enter the plant. Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 6 Reporting Sections 46-49 PART 6 Reporting 46 A company shall immediately notify the Regulator of any incident relating to the construction, operation or abandonment of its processing plant and shall submit to the Regulator a preliminary incident report as soon as practicable and a detailed incident report as soon as practicable. SOR/2020-50, s. 36. 47 A company shall (a) immediately notify the Regulator of any hazard that renders or may render its processing plant unsafe to operate; and (b) as soon as practicable provide the Regulator with a report assessing the hazard identified in paragraph (a) including a proposed contingency plan and a description of the cause, duration and potential impacts of the hazard, of repairs to be made and of measures to prevent future failures. SOR/2020-50, s. 36. 48 A company shall report to the Regulator, and to the appropriate authorities of the province in which its processing plant is located, any burning of either hydrocarbon gas or a byproduct of the processing of hydrocarbon gas that occurs as a result of an emergency condition. SOR/2020-50, s. 36. 49 (1) In this section, suspend means to interrupt the operation of the whole or a portion of a processing plant due to an unforeseen event or to conduct scheduled maintenance, repairs or replacements. (1.1) A company shall, as soon as practicable, notify the Regulator and the appropriate authorities of the province in which its processing plant is located of any decision made by the company to suspend (a) the operation of the whole plant for a period exceeding 24 hours; or (b) the operation of any portion of the plant for a period exceeding seven days. (2) In addition to the notification under subsection (1.1), the company shall provide the following information to the Regulator and to the appropriate authorities of the province in which its processing plant is located: (a) details of the operations to be suspended; Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 6 Reporting Sections 49-53 (b) the reason for the suspension; (c) the duration of the suspension; and (d) the effect of the suspension on the throughput of the plant, on the safety of persons or on the environment. SOR/2013-17, s. 13; SOR/2020-50, s. 36. 50 A company shall prepare and keep current a report setting out the number of employees necessary to operate its processing plant safely and the competencies required for each position. 51 A company shall, on a regular basis, conduct a balance analysis measuring input quantities and product and emission quantities for its processing plant. PART 7 Audits, Inspections and Record Retention 52 (1) A company shall conduct audits and inspections on a regular basis to ensure that its processing plant is designed, constructed, operated or abandoned in compliance with (a) Parts 2 and 3 of the Act; (b) Part 6 of the Act as it relates to the safety and security of persons and for the protection of property and the environment; (c) these Regulations; and (d) the terms and conditions of any certificate or order issued by the Commission, as they relate to the safety and security of persons and for the protection of property and the environment. (2) The company shall ensure that an audit sets out (a) all cases of non-compliance that have been noted; and (b) any corrective action taken or planned to be taken. SOR/2020-50, s. 34. 53 (1) When a company constructs, operates or abandons a processing plant, the company or its agent or mandatary shall inspect the construction, operation or abandonment to ensure that the requirements of these Regulations are met and that the terms and conditions of Current to June 20, 2022 Last amended on March 16, 2020 Canadian Energy Regulator Processing Plant Regulations PART 7 Audits, Inspections and Record Retention Sections 53-57 any certificate or order issued by the Commission are complied with. (2) The company shall ensure that an inspection is performed by a person who has sufficient expertise, knowledge and training to perform the inspection competently. (3) The company shall ensure that its agent or mandatary is independent of any contractor hired to construct, operate or abandon the processing plant. SOR/2020-50, s. 35. 54 A company shall annually audit the competencies of all employees in supervisory or operational positions at its processing plant. 55 A company shall develop, implement and maintain a record retention and handling program. PART 8 Consequential Amendment and Coming into Force Consequential Amendment 56 [Amendment] Coming Into Force 57 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on March 16, 2020
CONSOLIDATION Canadian Passport Order SI/81-86 Current to June 20, 2022 Last amended on May 29, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 29, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 29, 2019 TABLE OF PROVISIONS Canadian Passport Order 1 Administration Interpretation Issuance of Passports Refusal of Passports and Revocation 11.1 Cancellation of Passports 11.4 Support to Minister of Public Safety and Emergency Preparedness Authorization SCHEDULE Additional Information Current to June 20, 2022 Last amended on May 29, 2019 ii Registration SI/81-86 June 24, 1981 OTHER THAN STATUTORY AUTHORITY Canadian Passport Order P.C. 1981-1472 June 4, 1981 His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, is pleased hereby to revoke the Canadian Passport Regulations, C.R.C., c. 641, and to make the annexed Order respecting Canadian passports in substitution therefor. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Administration 1 The Minister is responsible for the administration of this Order. SI/2013-57, s. 2. Interpretation [SI/2019-27, s. 1(F)] 2 In this Order, Act means the Citizenship Act; (Loi) applicant means a person who is at least 16 years of age who applies for a passport; (requérant) former Act means the Canadian Citizenship Act; (ancienne Loi) Minister means the Minister of Citizenship and Immigration; (ministre) passport means an official Canadian document that shows the identity and nationality of a person for the purpose of facilitating travel by that person outside Canada; (passeport) Passport Canada [Repealed, SI/2013-57, s. 3] Passport Office [Repealed, SI/2006-95, s. 1] point of service [Repealed, SI/2013-57, s. 3] SI/2001-121, s. 1; SI/2004-113, s. 1; SI/2006-95, s. 1; SI/2008-57, s. 1; SI/2009-56, s. 1; SI/ 2012-37, s. 1; SI/2013-57, s. 3. 2.1 For the purposes of this Order, an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily. SI/2018-31, s. 1. 2.2 (1) For greater certainty, the Minister may administer this Order using electronic means. (2) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Order. SI/2019-27, s. 2. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Issuance of Passports Sections 3-4 Issuance of Passports 3 Every passport (a) shall be in a form prescribed by the Minister; (b) shall be issued in the name of the Minister on behalf of Her Majesty in right of Canada; (c) shall at all times remain the property of Her Majesty in right of Canada; (d) shall be issued on the condition that the bearer will return it to the Minister without delay after the Minister requests it; and (e) shall be signed by the person to whom it is issued. (f) [Repealed, SI/2008-146, s. 1] SI/2004-113, s. 2(F); SI/2006-95, s. 2; SI/2008-146, s. 1; SI/2013-57, ss. 11(E), 12(F). 3.1 For the purposes of paragraph 3(b), a passport that contains a reference to the Minister of Foreign Affairs is deemed to have been issued in the name of the Minister. SI/2013-57, s. 4. 4 (1) Subject to this Order, any person who is a Canadian citizen under the Act may be issued a passport. (2) No passport shall be issued to a person who is not a Canadian citizen under the Act. (3) Nothing in this Order in any manner limits or affects Her Majesty in right of Canada’s royal prerogative over passports. (4) The royal prerogative over passports can be exercised on behalf of Her Majesty in right of Canada by (a) the Governor in Council; (b) the Minister; or (c) the Minister of Public Safety and Emergency Preparedness for the purposes of section 10.1, subsections 10.2(2), 10.3(2) and 10.4(2), section 10.5, subsection 11.1(2) and sections 11.3 and 11.31. SI/2004-113, s. 3; SI/2015-33, s. 1; SI/2019-27, s. 3. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Issuance of Passports Sections 5-6 5 No passport shall be issued to any person unless an application is made to the Minister by the person in the form and manner established by the Minister and containing the information, materials and declarations specified by the Minister. SI/2001-121, s. 2; SI/2006-95, s. 3; SI/2013-57, ss. 11(E), 12(F). 6 (1) The Minister may require that an application for a passport by or in respect of a person who was (a) born in Canada be accompanied by (i) a certificate of Canadian citizenship granted or issued to the person under the Act or the former Act, (ii) a certificate of naturalization granted to the person under any Act that was in force in Canada at any time before the 1st day of January, 1947, or (iii) a certificate of birth issued to the person by a province or by a person authorized by a province to issue such certificates; or (iv) [Repealed, SI/2001-121, s. 3] (b) born outside Canada be accompanied by (i) a certificate of Canadian citizenship granted or issued to the person under the Act or the former Act, (ii) a certificate of naturalization granted to the person under any Act that was in force in Canada at any time before the 1st day of January, 1947, (iii) a certificate of registration of birth abroad issued to the person by the Registrar of Canadian Citizenship pursuant to the former Act, or (iv) a certificate of retention of Canadian citizenship issued to the person by the Registrar of Canadian Citizenship pursuant to a declaration of retention of Canadian citizenship made by the person pursuant to regulations made under the former Act. (2) However, the Minister may accept or request any other material or any information if the Minister is of the opinion that these material or information demonstrates, Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Issuance of Passports Sections 6-8 or help to demonstrate, the identity and Canadian citizenship of the person. SI/2001-121, s. 3; SI/2006-95, s. 4; SI/2013-57, s. 10. 7 (1) Subject to subsections (2) to (4), when an applicant applies for a passport in respect of a child under 16 years of age, that child may be issued a passport if the applicant is (a) the parent of the child; (b) the custodial parent, if the parents of the child are divorced or separated; or (c) the legal guardian of the child. (2) No passport shall be issued to a child under 16 years of age where the parents of the child are divorced or separated and there is a court order made by a court of competent jurisdiction in Canada or a separation agreement the terms of which grant the non-custodial parent specific rights of access to the child, unless the application for the passport is accompanied by evidence that the issue of a passport to the child is not contrary to the terms of the court order or separation agreement. (3) No passport shall be issued to a child under 16 years of age where there is a court order made by a court of competent jurisdiction in Canada in respect of the child the terms of which restrict the movement of that child to a judicial district specified in the order, unless the court order is revoked or is varied to permit the child to travel outside Canada. (4) No passport shall be issued to a child under 16 years of age unless the applicant who applies for the issue of a passport to the child provides to the Minister the information and material required in the application for the passport and, if applicable, the further information referred to in section 8. SI/2001-121, s. 4; SI/2006-95, s. 5; SI/2008-146, s. 2; SI/2013-57, ss. 11(E), 12(F). 7.1 Despite subsections 7(2) to (4) and without any application having been made by an applicant referred to in any of paragraphs 7(1)(a) to (c) for the issuance of a passport to a child under 16 years of age, the Minister may issue a passport to a such a child if he or she has reasonable grounds to believe that it is in the child’s best interest. SI/2018-31, s. 2. 8 (1) In addition to the information and material that an applicant is required to provide in the application for a passport or in respect of the delivery of passport services, the Minister may request an applicant and any Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Issuance of Passports Sections 8-9 representative of the applicant to provide further information, material, or declarations respecting any matter relating to the issue of the passport or the delivery of passport services. (2) The further information, material and declarations referred to in subsection (1) and the circumstances in which they may be requested include the information, material, declarations and circumstances set out in the schedule. SI/2006-95, s. 6; SI/2013-57, s. 10. 8.1 (1) The Minister may convert any information submitted by an applicant into a digital biometric format for the purpose of inserting that information into a passport or for other uses that fall within the mandate of the Minister. (2) The Minister may convert an applicant’s photograph into a biometric template for the purpose of verifying the applicant’s identity, including nationality, and entitlement to obtain or remain in possession of a passport. SI/2004-113, s. 4; SI/2006-95, s. 7; SI/2013-57, s. 10. Refusal of Passports and Revocation 9 (1) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport to an applicant who (a) fails to provide the Minister with a duly completed application for a passport or with the information and material that is required or requested (i) in the application for a passport, or (ii) pursuant to section 8; (b) stands charged in Canada with the commission of an indictable offence; (c) stands charged outside Canada with the commission of any offence that would, if committed in Canada, constitute an indictable offence; (d) is subject to a term of imprisonment in Canada or is forbidden to leave Canada or the territorial jurisdiction of a Canadian court by conditions imposed with respect to (i) any temporary absence, work release, parole, statutory release or other similar regime of absence or release from a penitentiary or prison or any other place of confinement granted under the Corrections and Conditional Release Act, the Prisons and Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Refusal of Passports and Revocation Section 9 Reformatories Act or any law made in Canada that contains similar release provisions, (ii) any alternative measures, judicial interim release, release from custody, conditional sentence order or probation order granted under the Criminal Code or any law made in Canada that contains similar release provisions, or (iii) any absence without escort from a penitentiary or prison granted under any law made in Canada; (d.1) is subject to a term of imprisonment outside Canada or is forbidden to leave a foreign state or the territorial jurisdiction of a foreign court by conditions imposed with respect to any custodial release provisions that are comparable to those set out in subparagraphs (d)(i) to (iii); (e) has been convicted of an offence under section 57 of the Criminal Code or has been convicted in a foreign state of an offence that would, if committed in Canada, constitute an offence under section 57 of the Criminal Code; (f) is indebted to the Crown for expenses related to repatriation to Canada or for other consular financial assistance provided abroad at his request by the Government of Canada; or (g) has been issued a passport that has not expired and has not been revoked. (2) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport if he or she has reasonable grounds to believe that the refusal is necessary to prevent the commission of any act or omission referred to in subsection 7(4.1) of the Criminal Code. (3) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport to a child under 16 years of age if he or she has reasonable grounds to believe that the refusal is in the child’s best interest. (4) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport to a person if he or she has reasonable grounds to believe that the person facilitated the use of a passport by a person other than its bearer. SI/2001-121, s. 5; SI/2006-95, s. 8; SI/2013-57, s. 5; SI/2015-33, s. 2; SI/2018-31, s. 3. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Refusal of Passports and Revocation Sections 9-10.2 10 (1) Without limiting the generality of subsections 4(3) and (4) and for the greater certainty, the Minister may revoke a passport on the same grounds on which he or she may refuse to issue a passport. (2) In addition, the Minister may revoke the passport of a person who (a) being outside Canada, stands charged in a foreign country or state with the commission of any offence that would constitute an indictable offence if committed in Canada; (b) the Minister has reasonable grounds to believe uses the passport in committing an indictable offence in Canada or any offence in a foreign country or state that would constitute an indictable offence if committed in Canada; (c) the Minister has reasonable grounds to believe permits another person to use the passport; (d) has obtained the passport by means of false or misleading information; or (e) has ceased to be a Canadian citizen. SI/2001-121, s. 6; SI/2006-95, s. 9; SI/2013-57, s. 6; SI/2015-33, s. 3. 10.1 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister of Public Safety and Emergency Preparedness may decide that a passport is not to be issued or is to be revoked if he or she has reasonable grounds to believe that the decision is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state. SI/2004-113, s. 5; SI/2015-33, s. 4. 10.2 (1) If the Minister refuses to issue or revokes a passport, on any grounds other than the one set out in paragraph 9(1)(g), he or she may refuse on those same grounds to deliver passport services for a maximum period of 10 years. (2) If the Minister of Public Safety and Emergency Preparedness decides on any of the grounds set out in section 10.1 that a passport is not to be issued or is to be revoked, he or she may decide on those same grounds that Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Refusal of Passports and Revocation Sections 10.2-11.1 passport services are not to be delivered for a maximum period of 10 years. SI/2009-56, s. 2; SI/2012-37, s. 2; SI/2015-33, s. 4. 10.3 (1) The Minister may, under section 10, revoke a passport that has been cancelled under subsection 11.1(1) or paragraph 11.2(b) or (c). (2) The Minister of Public Safety and Emergency Preparedness may, under section 10.1, decide that a passport that has been cancelled under subsection 11.1(2) is to be revoked. SI/2009-56, s. 2; SI/2012-37, s. 2; SI/2013-57, s. 7; SI/2015-33, s. 4. 10.4 (1) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10, other than the one set out in paragraph 9(1)(g), had it not expired, the Minister may refuse on those same grounds to deliver passport services, for a maximum period of 10 years, when the facts that could otherwise have led to the revocation of the passport occurred before its expiry date. (2) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10.1 had it not expired, the Minister of Public Safety and Emergency Preparedness may decide on those same grounds that passport services are not to be delivered, for a maximum period of 10 years, when the facts that could otherwise have led to the revocation of the passport occurred before its expiry date. SI/2015-33, s. 4. 10.5 Before revoking a passport, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall take reasonable measures to provide written notice of the decision to revoke the passport to the person to whom the passport was issued. SI/2019-27, s. 4. 11 When a person has been advised by the Minister that a passport in their possession is required to be returned to the Minister, the person shall return it without delay. SI/2006-95, s. 10; SI/2013-57, s. 7. Cancellation of Passports 11.1 (1) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may cancel a passport if he or she has reasonable grounds (a) to suspect that the cancellation is necessary to prevent the commission of any act or omission referred to in subsection 7(4.1) of the Criminal Code; and Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Cancellation of Passports Sections 11.1-11.3 (b) in the case of a passport issued to a child under 16 years of age who, on the day of the cancellation, is under 16 years of age, to believe that it is in the child’s best interest. (2) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister of Public Safety and Emergency Preparedness may decide that a passport is to be cancelled if he or she has reasonable grounds to suspect that the decision is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state. (3) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, may exercise the powers conferred by subsections (1) and (2) without notice if notification could (a) adversely affect an ongoing investigation; (b) adversely affect a child’s best interest; (c) defeat the purpose of the cancellation; or (d) adversely affect public safety or national security. SI/2015-33, s. 5; SI/2018-31, s. 4; SI/2019-27, s. 5. 11.2 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may cancel a passport if the person to whom it was issued (a) is deceased; (b) is no longer in possession of it; or (c) has been advised under section 11 to return it but has not returned it. SI/2015-33, s. 5. 11.3 (1) If a passport has been cancelled under section 11.1, the following persons may, within 30 days after the day on which they become aware of the cancellation, apply in writing to the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, to have the cancellation reconsidered: (a) in the case of a passport issued to a child under 16 years of age, a person referred to in any of paragraphs 7(1)(a) to (c) if the child is under 16 years of age when the application for reconsideration is made; and (b) the person to whom the passport was issued. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Cancellation of Passports Sections 11.3-12 (2) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall give the person a reasonable opportunity to make representations. (3) On receipt of the representations, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall decide if there are still reasonable grounds to cancel the passport. (4) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall give notice to the person without delay of the decision made in respect of the application. SI/2015-33, s. 5; SI/2018-31, s. 5. 11.31 If, after having reconsidered the cancellation of a passport, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, decides that the cancellation was unwarranted, a new passport bearing the same expiry date as the cancelled passport may be issued. SI/2019-27, s. 6. Support to Minister of Public Safety and Emergency Preparedness 11.4 (1) If the Minister of Public Safety and Emergency Preparedness makes a decision under this Order, he or she shall inform the Minister of that decision and the Minister shall take the actions necessary to give effect to the decision. (2) The Minister shall support the Minister of Public Safety and Emergency Preparedness in carrying out his or her responsibilities under this Order. SI/2015-33, s. 5. Authorization 12 (1) Subject to subsection (2), the Minister may authorize the Minister of Employment and Social Development to exercise any of the following functions: (a) providing information on the passport program to the public, including but not limited to information on application requirements and processes; (b) collecting, and capturing by electronic means, passport applications and information, materials and declarations that are provided in support of those applications, including converting information and photographs pursuant to section 8.1; Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Authorization Sections 12-13 (c) determining whether all the required information has been provided on the application forms, and checking it against the materials and declarations required; (d) verifying the information provided on the application forms, materials and declaration submitted by the applicant, including verifying, with the issuing authority, the documentary evidence of citizenship; (e) requesting and collecting, and capturing by electronic means, further information, material and declarations pursuant to section 8; (f) verifying that any documentary evidence of citizenship that is submitted with a passport application is valid and regular on its face, and returning the originals of documentary evidence of citizenship to applicants; (g) collecting and cancelling any valid or expired passports; (h) collecting the applicable passport and consular fees and issuing a receipt to applicants; (i) forwarding, including by electronic means, passport applications and all accompanying materials and declarations collected or created in relation to passport applications to the Minister, including original documents; (j) processing passport applications; (k) withholding and recovering a passport that was issued to an applicant; (l) producing passports; and (m) delivering passports to applicants whose passport applications are complete or to their authorized delegates. (2) The Minister may specify the circumstances in which the Minister of Employment and Social Development may or may not exercise a function referred to in subsection (1). SI/2008-57, s. 2; SI/2010-32, s. 1; 2013, c. 40, s. 238; SI/2013-42, s. 1; SI/2013-57, s. 8. 13 (1) Subject to subsection (2), the Minister may authorize the Minister of Foreign Affairs to exercise any of the functions set out in subsection 12(1) in respect of passport applications made abroad. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order Authorization Section 13 (2) The Minister may specify the circumstances in which the Minister of Foreign Affairs may or may not exercise a function referred to in subsection (1). SI/2013-57, s. 8. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order SCHEDULE Additional Information SCHEDULE (Section 8) Additional Information Name 1 Where an applicant applies for a passport in a name that is (a) other than the applicant’s legal name, (b) different from the name set out in (i) the applicant’s birth certificate, (ii) certificate of citizenship, or (iii) any other document required in respect of a passport under this Order, the applicant may be required to submit additional documents or affidavits in clarification thereof. Address 2 Where an applicant provides as an address a Canada Post Office Box number or a General Delivery address, the applicant may be required to provide an explanation for such address or to provide a permanent address. Date of Birth 3 Where the date of birth of an applicant set out in an application for a passport differs from the date of birth in that applicant’s birth certificate, further evidence of the date of birth of the applicant may be required. Sex 4 (1) Where the sex indicated in an application for a passport is not the same as that set out in that applicant’s birth certificate, the applicant may be requested to provide an explanation. (2) Where an application for a passport indicates that a change of sex of the applicant has taken place, the applicant may be requested to submit a certificate from a medical practitioner to substantiate the statement. 5 [Repealed, SI/2001-121, s. 7] Loss of Citizenship 6 Where the information submitted in an application for a passport indicates that the applicant may have, at any time, Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order SCHEDULE Additional Information ceased to be a Canadian citizen, information may be required from that applicant to establish that the applicant is a Canadian citizen. Passports for Children 7 Where an applicant referred to in subsection 7(1) of this Order applies for the issue of a passport to a child referred to in that subsection, the applicant may be required to submit evidence, in the form of affidavits, statutory declarations or otherwise, to substantiate the applicant’s eligibility to make such an application. Missing Canadian Passports 8 Where there is in existence a valid Canadian passport in respect of an applicant and that applicant is unable to produce it, the applicant may be required to provide a statement explaining the circumstances in respect of the missing passport together with such affidavits or statutory declarations as are necessary to establish that the passport is missing and the reasons therefor. Marriage 9 (1) Where a female applicant married an alien prior to January 1, 1947, additional information may be required to establish whether the applicant is a Canadian citizen. (2) Where a female applicant who is married and in possession of a valid passport issued to her in her maiden name requests that her married name be added to the passport, the applicant may be required to produce her marriage certificate. Delivery of Passports 10 (1) An applicant who is taking delivery of a passport may be required to produce a document establishing their identity. (2) If a representative of an applicant is taking delivery of the passport issued to the applicant, the representative may be required to produce a letter of consent from the applicant to accept delivery as well as a document establishing the representative’s identity. Applicants who have been Refused Passports 11 Where an applicant has previously applied for a passport and the issue of a passport to that applicant has been refused, information may be required from the applicant to establish that the applicant is eligible to be issued a passport. Current to June 20, 2022 Last amended on May 29, 2019 Canadian Passport Order SCHEDULE Additional Information Proof of Guardianship 12 Where the application for a passport is in respect of a child and the applicant is the legal guardian of the child, information may be required to establish proof of guardianship of that child. SI/2001-121, ss. 7, 8; SI/2006-95, s. 11; SI/2013-57, s. 9. Current to June 20, 2022 Last amended on May 29, 2019
CONSOLIDATION Canadian Exploration Expense Remission Order SI/79-73 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Respecting the Remission of Income Tax in Respect of Canadian Exploration Expense Incurred by Taxpayers that Are Not Principal-Business Corporations 1 Short Title Interpretation Remission Current to June 20, 2022 ii Registration SI/79-73 April 11, 1979 FINANCIAL ADMINISTRATION ACT Canadian Exploration Expense Remission Order P.C. 1979-1100 March 29, 1979 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance and the Treasury Board, pursuant to section 17 of the Financial Administration Act, is pleased hereby to make the annexed Order respecting the remission of income tax in respect of Canadian exploration expense incurred by taxpayers that are not principalbusiness corporations. Current to June 20, 2022 Order Respecting the Remission of Income Tax in Respect of Canadian Exploration Expense Incurred by Taxpayers that Are Not Principal-Business Corporations Short Title 1 This Order may be cited as the Canadian Exploration Expense Remission Order. Interpretation 2 In this Order, Act means the Income Tax Act; (Loi) taxation year means any taxation year ending after May 25, 1976. (année d’imposition) Remission 3 Remission is hereby granted to any taxpayer who was liable for tax under Part I of the Act in a taxation year of an amount that is equal to the amount, if any, by which (a) the amount of tax payable under the Act for the year exceeds (b) the amount of tax that would be payable under the Act for the year if, in its application to that taxation year, subparagraph 66.1(3)(a)(i) of the Act read as follows: “(i) the amount by which his Canadian exploration expense incurred after May 25, 1976 and before 1980 exceeds the aggregate of all amounts claimed by virtue of this paragraph in a previous taxation year, and”. Current to June 20, 2022
CONSOLIDATION Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees SOR/2022-128 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Interpretation 1 Definitions Purpose and Application 2 Purpose Application General Standards Professional Conduct 4 Standards of profession Duty of loyalty Duty of honesty and candour Duty of civility Relationship of trust Compliance with applicable legislation Discrimination Intimidation and coercion Dishonesty, fraud or illegal conduct Inducement Original documents Conflicts of interest Unauthorized behaviours Definition of employment recruitment services Definition of student recruitment services Competence 19 Competence and diligence Obligation if not competent Maintaining competence Delivering quality services Relationship to Clients 23 Initial consultation Current to June 20, 2022 ii Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees TABLE OF PROVISIONS Service agreement Non-application of sections 23 and 24 Exemption from application of sections 23 and 24 Opinion to be provided Obligation of confidentiality Complaints Errors or omissions Fees Advance payments Invoice Termination of service agreement Mandatory termination of service agreement Actions required — completion or termination Office Administration and Management 37 Record keeping Compliance with Code Relationship to the College and Other Persons 39 Mandatory reporting to College Response to College Communications with complainant Conduct of fellow licensee False, misleading or inaccurate public statement Marketing of Immigration or Citizenship Consulting Services 44 Marketing of services Client endorsement Identifying marks of College Transitional Provision 47 Inconsistency with Council by-laws and regulations Establishment and Coming into Force 48 Registration Current to June 20, 2022 iv Registration SOR/2022-128 June 10, 2022 COLLEGE OF IMMIGRATION AND CITIZENSHIP CONSULTANTS ACT Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees The Minister of Citizenship and Immigration makes the annexed Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees under subsection 43(1) of the College of Immigration and Citizenship Consultants Acta. Ottawa, June 9, 2022 Le ministre de la Citoyen Sean F Minister of Citizensh a S.C. 2019, c. 29, s. 292 Current to June 20, 2022 Interpretation Definitions 1 (1) The following definitions apply in this Code. Act means the College of Immigration and Citizenship Consultants Act. (Loi) client means a person or entity that (a) has entered into a consultation agreement or service agreement with a licensee; (b) consults with a licensee who provides or agrees to provide immigration or citizenship consulting services to them; or (c) having consulted with a licensee, reasonably concludes that the licensee has agreed to provide immigration or citizenship consulting services to them. (client) Conflict of interest (2) For the purposes of this Code, a conflict of interest exists if there is a substantial risk that a licensee (a) may improperly further their private interests or another person’s interests, resulting in a material compromise to the licensee’s ability to fulfill their professional obligations to a client; or (b) cannot fulfill their professional obligations to a client without materially compromising the licensee’s ability to fulfill their professional obligations to another client or a former client. Purpose and Application Purpose 2 This Code sets out the standards of professional conduct and competence that must be met by licensees of the College. Application 3 This Code applies to licensees, including in respect of any pro bono immigration or citizenship consulting services offered or provided by them. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Sections 4-11 General Standards Professional Conduct Standards of profession 4 (1) A licensee must uphold the standards of the profession and perform their professional obligations honourably and with integrity. Conduct unbecoming (2) A licensee must not engage in conduct that is likely to discredit the profession or jeopardize the public’s confidence and trust in the profession. Duty of loyalty 5 A licensee must be loyal to their clients, including by avoiding conflicts of interest and by being committed to their clients’ cause. Duty of honesty and candour 6 A licensee must be honest and candid when advising their clients. Duty of civility 7 A licensee must be courteous and civil in all of their professional dealings. Relationship of trust 8 A licensee must foster a relationship of trust with their clients, including by not taking advantage of their clients’ vulnerabilities. Compliance with applicable legislation 9 A licensee must demonstrate law-abidance through compliance with all applicable legislation, including the Act and any regulations and by-laws made under the Act. Discrimination 10 A licensee must not, in any of their professional dealings, engage in a discriminatory practice within the meaning of the Canadian Human Rights Act. Intimidation and coercion 11 A licensee must not, in any of their professional dealings, intimidate or coerce any person, including by (a) applying undue pressure, directly or indirectly; (b) making physical or verbal threats; Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Professional Conduct Sections 11-14 (c) engaging in any form of harassment, including sexual harassment; (d) using their knowledge about social and cultural norms to exploit a situation; (e) untruthfully asserting possible sanctions or administrative consequences; or (f) threatening, without reasonable grounds, to file a complaint with law enforcement authorities alleging a contravention of a federal or provincial law, initiate a criminal proceeding or make a complaint to an administrative or regulatory body. Dishonesty, fraud or illegal conduct 12 A licensee must not, in any of their professional dealings, knowingly assist in or encourage dishonesty, fraud or illegal conduct. Inducement 13 (1) A licensee must not (a) offer an inducement to any organization or person for recommending the licensee to a client or referring a client to the licensee; or (b) solicit or accept an inducement from any organization or person for recommending the organization or person to a client or referring a client to the organization or person. Non-application (2) Paragraph (1)(a) does not apply in respect of an inducement offered to an agent who solicits clients for a licensee if the licensee registers the agent’s name with the College in advance. Fee (3) A fee referred to in paragraph 17(3)(d) or 18(3)(d) is not an inducement for the purposes of paragraph (1)(b). Original documents 14 (1) A licensee must not take possession of any of a client’s original documents unless the possession is for one of the following purposes and the documents are returned to the client as soon as that purpose has been achieved: (a) making copies; Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Professional Conduct Sections 14-16 (b) complying with a legal requirement or a requirement of a government authority; or (c) a purpose to which the client has consented in writing. Client documents (2) A licensee must, at the request of the client, deliver to the client any documents or information in the licensee’s possession that pertain to the client’s application or expression of interest or to a proceeding in which the client is a party. Conflicts of interest 15 (1) Subject to sections 16 to 18, a licensee must not provide immigration or citizenship consulting services to a client if doing so would or could result in a conflict of interest unless the licensee has disclosed the nature and extent of the conflict to the client in writing and the client provides free and informed consent in writing. Duty to avoid conflict (2) Despite subsection (1), a licensee must not provide immigration or citizenship consulting services to a client, even with their consent, if doing so would result in a conflict of interest, unless the licensee has reasonable grounds to believe that they are able to advise and represent that client without compromising (a) their objectivity or the relationship of trust with any of their clients; or (b) their duty of confidentiality towards any of their clients or former clients. Unauthorized behaviours 16 (1) The following behaviours constitute a conflict of interest to which a client cannot consent: (a) a licensee directly or indirectly lending money to, or borrowing money from, a client; (b) a licensee directly or indirectly undertaking any transactions with a client that are not in relation to the provision of immigration or citizenship consulting services; or (c) a licensee having an intimate personal relationship with a client or a former client within one year after the day on which the service agreement is completed or terminated before its completion, unless the client is the licensee’s spouse at the time that the immigration or citizenship consulting services are provided or Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Professional Conduct Sections 16-17 has cohabited with the licensee in a conjugal relationship for a period of at least one year before the services are provided. Interpretation — paragraph (1)(b) (2) A client may consent to the behaviour referred to in paragraph (1)(b) if the transaction is fair and reasonable and the client has confirmed to the licensee in writing that they have received independent advice in respect of the transaction. Definition of employment recruitment services 17 (1) For the purposes of this section, employment recruitment services means any of the following services: (a) seeking or obtaining employment for a client; (b) assisting or advising any person with respect to seeking or obtaining employment for a client; (c) assisting or advising an employer or another person with respect to hiring a client; or (d) referring a client to another person who offers the services referred to in any of paragraphs (a), (b) or (c). Conflict of interest — employment recruitment services (2) A licensee is in a conflict of interest if they provide both immigration or citizenship consulting services and employment recruitment services to a client who is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act. Conditions (3) However, a licensee may provide both immigration or citizenship consulting services and employment recruitment services to a client who is a foreign national if the licensee (a) before providing those services, advises the client that they are not obligated to receive both services from the same individual and obtains the client’s free and informed consent in writing to proceed; (b) ensures that the service agreement clearly differentiates between the immigration or citizenship consulting services and the employment recruitment services that will be provided to the client; Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Professional Conduct Sections 17-18 (c) does not directly or indirectly charge a fee or disbursement to the client for any employment recruitment services; (d) discloses to the client the fees that the licensee is receiving from an employer for recruiting the client to work for the employer; (e) complies with all applicable legislation governing the provision of employment recruitment services; and (f) demonstrates honesty and candour towards the client and commitment to the client’s cause, including by providing the client, before they begin working in Canada, with a copy of their employment contract and accurate information regarding the work that they will be doing and their wages, benefits and working conditions. Definition of student recruitment services 18 (1) For the purposes of this section, student recruitment services means any of the following services: (a) seeking or obtaining enrollment for a client at an institution that provides education or training to international students; (b) assisting or advising any person with respect to seeking or obtaining enrollment for a client at an institution that provides education or training to international students; (c) assisting or advising a representative of an institution that provides education or training to international students or any person with respect to admitting a client to such an institution; or (d) referring a client to another person who offers the services referred to in any of paragraphs (a), (b) or (c). Conflict of interest — student recruitment services (2) A licensee is in a conflict of interest if they provide both immigration or citizenship consulting services and student recruitment services to a client who is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, unless the licensee is providing those services in their capacity as a salaried employee of an institution that provides education or training to international students. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Professional Conduct Sections 18-19 Conditions (3) However, a licensee may provide both immigration or citizenship consulting services and student recruitment services to a client who is a foreign national if the licensee (a) before providing those services, advises the client that they are not obligated to receive both services from the same individual and obtains the client’s free and informed consent in writing to proceed; (b) ensures that the service agreement clearly differentiates between the immigration or citizenship consulting services and the student recruitment services that will be provided to the client; (c) does not directly or indirectly charge a fee or disbursement to the client for any student recruitment services; (d) discloses to the client the fees that the licensee is receiving from an institution that provides education or training to international students for recruiting the client to study at that institution; (e) complies with all applicable legislation governing the provision of student recruitment services; and (f) demonstrates honesty and candour towards the client and commitment to the client’s cause, including by providing the client with accurate information regarding (i) the institution they will be enrolled in, which includes providing a copy of their enrollment agreement, if any, (ii) their program of study, (iii) the tuition fees and the institution’s refund policy, and (iv) the services, support and benefits that the institution will be providing. Competence Competence and diligence 19 (1) A licensee must fulfill their professional obligations competently and diligently and must refrain from providing any immigration or citizenship consulting services that they are not competent to provide or that are beyond the scope of their licence. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Competence Sections 19-20 Nature of competence (2) To fulfill their professional obligations competently, a licensee must (a) have the knowledge and experience necessary to provide the required immigration or citizenship consulting services and offer sound and comprehensive advice to a client, including in-depth knowledge of the Immigration and Refugee Protection Act and the Citizenship Act and any related programs and policies; (b) have the oral and written communication skills necessary to protect a client’s interests and present a client’s case firmly and persuasively and within the limits of the law, including the ability to (i) make clear and cogent oral and written representations in legal proceedings, (ii) identify the salient points in an argument and respond to them effectively in the course of a hearing, and (iii) know when it is appropriate to apply for an adjournment of a hearing and argue effectively for it; (c) meet any applicable provincial competency requirements in relation to the provision of immigration or citizenship consulting services; (d) be able to provide the services to the client in at least one of the official languages of Canada; (e) be able to deliver the services to the client using technology that is appropriate and effective; and (f) maintain a good working knowledge of the regulations and by-laws made under the Act that relate to the professional conduct and competence of licensees and of any related policies, procedures and guidelines of the College. Obligation if not competent 20 (1) A licensee who lacks the competence to provide the required immigration or citizenship consulting services must (a) decline to act; or Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Competence Sections 20-22 (b) with the client’s consent, obtain assistance from another individual who is authorized to provide representation or advice under section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act and who is competent to provide those services. Requirements — services of another (2) If a licensee obtains assistance from another individual to provide the required immigration or citizenship consulting services, (a) the terms of the arrangement, as well as the name of the other individual who will be providing the services and the scope of the services, must be disclosed to the client in writing; and (b) any fees or disbursements in relation to the services provided by the other individual are subject to subsection 31(3). Maintaining competence 21 A licensee must maintain the level of knowledge and skills required for the class of licence that they hold. Delivering quality services 22 (1) When providing immigration or citizenship consulting services to a client, a licensee must (a) comply with the applicable deadlines and timelines for an application, expression of interest or proceeding; (b) conduct the client’s affairs in an efficient and costeffective manner; (c) communicate with the client in a timely and effective manner; (d) demonstrate cultural sensitivity; (e) obtain assistance, when necessary, including by retaining the services of an interpreter or translator; and (f) if applicable, provide instructions and guidance on how the client may access online information regarding their application, expression of interest or proceeding, including any associated processing information. Actions taken when representing client (2) When representing a client in respect of an application, expression of interest or proceeding, the licensee Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees General Standards Competence Sections 22-23 must ensure that all the necessary documents and information are, as applicable, properly prepared, signed and submitted. Keeping client informed (3) The licensee must provide timely information to the client in writing concerning the status of their case, including by (a) notifying the client when a document or information has been submitted or received on the client’s behalf; and (b) on request, providing a copy of the documents that were submitted or received. Interpreter or translator (4) A licensee who retains the services of an interpreter or a translator must (a) instruct the interpreter or translator to (i) accurately translate what is said, with no additions or modifications, and (ii) keep the information confidential; and (b) take reasonable measures to ensure that the interpreter or translator (i) is certified by an organization that is legally authorized to certify interpreters or translators, as the case may be, for the languages in question, or (ii) if no certification process is available, is fluent in reading, writing or speaking the client’s language, depending on the client’s needs. Relationship to Clients Initial consultation 23 (1) Before a licensee has an initial consultation with a potential client with respect to the provision of immigration or citizenship consulting services, the licensee must enter into a written consultation agreement with that potential client. Content of consultation agreement (2) The consultation agreement must include the following information: Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 23-24 (a) the licensee’s name, registration number, address, telephone number and email address; (b) the potential client’s name and contact information, including their address, telephone number and email address, if any; (c) the fee for the consultation or, if the consultation is provided pro bono, a statement to that effect; (d) a brief description of the College’s role as the licensee’s regulator; and (e) a description of the purpose and scope of the consultation. Copy of agreement (3) The licensee must keep a copy of the signed consultation agreement for their records and provide a copy to the client. Service agreement 24 (1) A licensee must enter into a written service agreement with a client before any immigration or citizenship consulting services are provided or, if there was an initial consultation, before any additional immigration or citizenship consulting services are provided. Preconditions (2) Before entering into a service agreement with a client, a licensee must (a) confirm the following information in respect of the client, seeking corroboration of the information if possible: (i) their full name, (ii) their home address and their personal telephone number and email address, if any, and (iii) their business address, telephone number and email address, if applicable; (b) provide the client with a draft of the service agreement; and (c) verify whether the client has entered into a service agreement with another individual who is authorized to provide representation or advice under section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act and, if so, Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Section 24 (i) confirm that the service agreement with the other individual has been completed or has been terminated in writing before completion and, if applicable, confirm the outcome of the completed service agreement, or (ii) obtain clear instructions from the client on the scope of the service agreement, if the client wishes to engage the services of both the licensee and the other individual. Content of service agreement (3) The service agreement must include the following information: (a) the licensee’s name, registration number, address, telephone number and email address; (b) the information referred to in subparagraphs (2)(a)(i) to (iii); (c) a summary of any preliminary advice given to the client by the licensee; (d) a statement that the licensee endeavours to provide quality immigration or citizenship consulting services and to adequately supervise any person who assists in the provision of those services; (e) the names of the people who are likely to assist the licensee in the provision of immigration or citizenship consulting services; (f) the client’s instructions; (g) an itemized list of the services to be provided, tailored to the needs of the client, that describes the nature of the services and their scope; (h) estimated time frames for the delivery of the services; (i) an estimate of fees, including the hourly rate and the anticipated number of hours, or an agreed fixed fee or, if the services are provided pro bono, a statement to that effect; (j) an estimate of expected disbursements; (k) any goods and services tax, harmonized sales tax or other tax or levy to be charged to the client; (l) the terms of payment for fees and disbursements, including any interest payable on unpaid amounts; (m) any advance payments to be made by the client and the licensee’s refund policy; Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Section 24 (n) an explanation of any additional costs that the client may be required to pay; (o) if applicable, a description of any conflict of interest or potential conflict of interest relating to the client; (p) a statement that any original documents provided by the client to the licensee will be returned to the client as soon as the purpose for which the licensee took possession of the documents has been achieved; (q) a statement that the licensee has an obligation of confidentiality under this Code and a description of the manner in which the licensee will maintain the confidentiality of the client’s information and documents; (r) the licensee’s complaint-handling procedure; (s) the official language of Canada in which the services will be provided; (t) a statement that the licensee will provide timely information related to the status of the client’s case; (u) a statement that the licensee will obtain assistance, when necessary, including by retaining the services of an interpreter or translator; (v) a description of the College’s role as the licensee’s regulator and an explanation of the College’s complaints process; (w) an explanation that the College may require the production of documents in accordance with the Act and any regulations or by-laws made under the Act; (x) a statement that the licensee has provided a copy of this Code to the client; (y) an explanation of what will happen to the client’s file if the licensee becomes incapacitated or is otherwise unable to continue providing services under the agreement; and (z) any other terms agreed to. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 24-25 Copy of agreement (4) The licensee must keep a copy of the signed service agreement for their records and provide a copy to the client. Amendments to agreement (5) Any amendments to the service agreement must be agreed to by the client and the licensee in writing. Non-application of sections 23 and 24 25 Sections 23 and 24 do not apply to a licensee who is a salaried employee of an institution that provides education or training to international students or an organization that represents such an institution if the following conditions are met: (a) the licensee, in their capacity as an employee of the institution or organization, provides immigration or citizenship consulting services to the institution or organization, employees of the institution or organization or current or prospective students of the institution; (b) no fees are payable to the licensee by the employees or current or prospective students of the institution or organization in respect of the services; (c) the licensee only provides advice — not representation — in connection with the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act or under the Citizenship Act; (d) the licensee discloses to the institution or organization and the employees or current or prospective students to whom the services are provided that the licensee is regulated by the College and is subject to this Code, but that the obligations set out in sections 23 and 24 do not apply; (e) the licensee provides information about the College’s complaints process to the institution or organization and the employees or current or prospective students to whom the services are provided; and (f) the licensee provides information about the licensee’s or their employer’s complaints-handling procedure to the current or prospective students to whom the services are provided. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 25-28 Exemption from application of sections 23 and 24 26 The College may exempt a licensee from the application of sections 23 and 24 if the College is satisfied that the following conditions are met: (a) the licensee is a salaried employee of an organization other than an institution or organization referred to in section 25 and, in that capacity, provides immigration or citizenship consulting services to the organization or its employees; (b) the primary business of the organization is not the provision of immigration or citizenship consulting services; (c) no fees are payable to the licensee by employees of the organization in respect of the services; (d) the licensee discloses to the organization and the employees to whom the services are provided that the licensee is regulated by the College and is subject to this Code, but that the obligations set out in sections 23 and 24 do not apply; (e) the licensee provides information about the College’s complaints process to the organization and the employees to whom the services are provided; and (f) the licensee is not providing employment recruitment services to the organization or the employees. Opinion to be provided 27 If a licensee is of the opinion that a client’s proposed application, expression of interest or proceeding is futile, unfounded or has little or no hope of success, the licensee must (a) provide the client with a written opinion that sets out the licensee’s reasoning; and (b) if, despite the opinion, the client wishes to pursue the matter, obtain written acknowledgement from the client of the risks of doing so. Obligation of confidentiality 28 (1) A licensee must keep confidential all information in relation to a client or former client, or a client’s or former client’s business affairs, that was acquired in the course of their professional relationship with that client Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Section 28 and take the measures that are necessary to maintain the confidentiality of that information indefinitely. Disclosure of confidential information (2) A licensee must not disclose any information referred to in subsection (1), or allow such information to be disclosed, unless the disclosure is (a) authorized by the client; (b) required or authorized by law; (c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records; (d) required by the College in the exercise of its powers under the Act; (e) made to a person who is assisting the licensee in the provision of immigration or citizenship consulting services to the client; (f) necessary to collect an outstanding account; or (g) required in the context of judicial or administrative proceedings to defend the licensee or a person who is assisting the licensee in the provision of immigration or citizenship consulting services against allegations that the licensee or the person has (i) committed an offence involving a client’s affairs, (ii) committed a violation involving a client’s affairs in respect of which administrative penalties and consequences may be imposed, (iii) engaged their civil liability for an act or omission in relation to a client’s affairs, or (iv) engaged in conduct that is subject to investigation by the College or a law society of a province or the Chambre des notaires du Québec. Scope of disclosure (3) If a licensee discloses confidential information under subsection (2), the licensee must not disclose more information than necessary to respond to the specific basis for the disclosure. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 29-31 Complaints 29 A licensee must promptly respond to any complaints made to the licensee by a client in respect of the immigration or citizenship consulting services provided or in respect of any person assisting the licensee in the provision of those services. Errors or omissions 30 (1) If a licensee is responsible for an error or omission, in respect of a client’s case, that results or may result in prejudice to the client and that cannot be readily corrected, the licensee must (a) promptly and fully inform the client, the licensee’s professional liability insurer and the Registrar of the error or omission; (b) promptly recommend that the client obtain legal advice concerning any rights that the client may have arising from the error or omission; (c) promptly provide confirmation to the Registrar that the licensee’s professional liability insurer has been informed of the error or omission; and (d) determine if it is appropriate to continue providing immigration or citizenship consulting services to the client. Interpretation — liability insurance (2) If a licensee is covered by an employer’s liability insurance in respect of the error or omission, the reference in paragraph (1)(a) and (c) to the licensee’s professional liability insurer is to be read as a reference to the employer’s liability insurer. Fees 31 (1) All fees charged to a client by a licensee for immigration or citizenship consulting services must be fair and reasonable in the circumstances. Disbursements (2) Any disbursements charged to a client by a licensee for immigration or citizenship consulting services must not exceed the actual amount of the disbursement. Additional fees or disbursements (3) If any fees or disbursements will exceed the estimates or fixed amounts agreed to in the service agreement, or if any new disbursements arise, a licensee must Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 31-33 (a) inform the client of the additional fees or disbursements; and (b) obtain the client’s agreement in writing. Unnecessary increases — fees or disbursements (4) A licensee must not undertake work that unnecessarily increases fees or disbursements. Advance payments 32 A licensee who receives an advance payment from a client for immigration or citizenship consulting services must (a) hold the funds in trust in a client account, opened by the licensee, at a financial institution that is approved by the College; (b) on receipt of an advance payment, provide the client with a receipt that clearly indicates the amount of the advance payment and deposit the funds into the client account; (c) refrain from depositing any funds not belonging to a client into the client account; (d) maintain separate records of deposits and withdrawals for each client; (e) use the funds held in the client account only for the purpose for which they were paid to the licensee; (f) before withdrawing funds from the client account, invoice the client in accordance with subsection 33(1); and (g) not later than 30 days after the day on which the client is invoiced under paragraph (f), withdraw the invoiced amount from the client account. Invoice 33 (1) A licensee may invoice a client only once they have provided immigration or citizenship consulting services to the client or have made disbursements on the client’s behalf. Description of services and disbursements (2) Every invoice issued by the licensee must contain a full description of the services and disbursements to which the invoice relates. Receipt (3) When a payment is received from a client, the licensee must provide the client with a receipt that clearly indicates the invoice to which the payment relates. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 34-35 Termination of service agreement 34 Subject to section 35, a licensee may terminate a service agreement before its completion only if reasonable notice is provided to the client and the termination (a) is done for good reason, such as the client having (i) deceived the licensee, (ii) failed to give adequate instructions to the licensee, (iii) failed to follow the licensee’s advice on a significant point, or (iv) failed to pay the licensee’s fees or disbursements as agreed; and (b) will not result in serious prejudice to the client. Mandatory termination of service agreement 35 (1) A licensee must terminate a service agreement before its completion if (a) the client no longer wishes to receive the services from the licensee; (b) the client, despite advice provided in accordance with subsection (2), asks the licensee to act in a manner that is dishonest, fraudulent or illegal or that would not meet the standards of professional conduct and competence that are established by this Code or would contravene a provision of a regulation or a bylaw made under the Act; (c) the continued provision of the services would place the licensee in a conflict of interest, unless the licensee obtains the client’s consent in accordance with section 15; or (d) the licensee lacks the competence to continue serving the client and fulfilling their professional obligations and does not obtain assistance from another individual in accordance with paragraph 20(1)(b). Dishonest or illegal conduct (2) If a client asks the licensee to act in a manner that is dishonest, fraudulent or illegal or that would not meet the standards of professional conduct and competence that are established by this Code or would contravene a provision of a regulation or a by-law made under the Act, the licensee must advise the client of that fact and that the conduct should not be pursued. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 35-36 Referral to other licensee (3) If a service agreement is terminated in accordance with paragraph (1)(c) or (d), the licensee must, if possible, refer the client to another individual who is authorized to provide representation or advice under section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act and who is competent to provide the immigration or citizenship consulting services. Actions required — completion or termination 36 (1) When a service agreement is completed or terminated before its completion a licensee must, not later than 30 days after the day on which the service agreement is completed or terminated, (a) if the licensee is in possession of any of the client’s documents or anything else that belongs to the client, return them to the client; (b) provide an accounting of all funds received from the client; (c) issue a final invoice to the client for any amounts owed by the client for services rendered and disbursements made; and (d) refund to the client any funds held in trust on the client’s behalf that are in excess of the invoiced amount. Actions required — termination (2) If the service agreement is terminated before its completion, the licensee must also (a) provide the client with all information in the licensee’s possession that may be required in connection with the client’s file; (b) cooperate with a successor representative, if any, to minimize expense and avoid prejudice to the client; and (c) if the licensee is listed as the client’s representative with any department or agency of the government of Canada or of a province, provide notice that they are no longer representing the client to that department or agency (i) in accordance with the department or agency’s procedures, or (ii) if no procedures exist, in writing within 10 days after the day on which the service agreement is terminated. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to Clients Sections 36-38 Transfer of file (3) If a client requests that their file be transferred to another representative, the licensee must, even if there are payments outstanding, deliver all documents relating to the client’s file to that representative not later than 10 business days after the day on which the transfer request is made. Delay (4) If it is, for reasons beyond the licensee’s control, not feasible to deliver the documents within the time frame referred to in subsection (3), the licensee must advise the client and the other representative of the delay and deliver the documents not later than 30 days after the day on which the transfer request is made. Office Administration and Management Record keeping 37 A licensee must maintain a reliable system of office administration in relation to the immigration or citizenship consulting services that they provide and keep and preserve records in accordance with the by-laws made under the Act. Compliance with Code 38 (1) A licensee must ensure that a person who assists in the provision of immigration or citizenship consulting services (a) is of good character; (b) is provided with a copy of this Code and is familiar with its contents; and (c) does not carry out any acts that, if carried out by the licensee, would contravene this Code. Professional responsibility (2) A licensee must supervise and assume professional responsibility for any work done by a person who assists in the provision of immigration or citizenship consulting services and ensure that the level of supervision is adequate for the type of work in question. Delegation (3) For greater certainty, a licensee may delegate certain aspects of their work to a person who is not a licensee but must ensure that the person does not provide Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Office Administration and Management Sections 38-41 representation or advice in contravention of section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act. Relationship to the College and Other Persons Mandatory reporting to College 39 If any of the following circumstances arise, a licensee must report the circumstances to the Registrar not later than 30 days after the day on which they arise: (a) the licensee becomes bankrupt or insolvent; (b) the licensee is suffering from a physical or mental health problem or an addiction, verified by a health care professional, that limits the licensee’s capacity to practise; (c) the licensee is charged with or found guilty of an offence under an Act of Parliament; (d) the licensee is subject to disciplinary or remedial measures — imposed by a tribunal, a regulatory body, an employment or human rights board or a similar body — in relation to any aspect of their professional affairs; (e) the licensee is named as a defendant in a civil action arising from or relating to the licensee’s professional affairs; (f) the licensee has discovered that an error was made with respect to the use or attribution of funds held in trust in a client account; or (g) the licensee is subject to a formal complaint or a disciplinary or remedial measure by an employer in relation to the provision of immigration or citizenship consulting services. Response to College 40 A licensee must respond fully to any communication from the College in which a response is specifically requested and must do so promptly or, if a time for responding is specified in the communication from the College, within that time. Communications with complainant 41 (1) A licensee must not communicate directly or indirectly with a person who has made a complaint to the Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to the College and Other Persons Sections 41-42 College about the licensee, or with the superior of such a person, unless (a) the College has consented to the communication in writing; and (b) the licensee complies with any terms stipulated by the College. Current clients (2) If the complainant is a current client and steps have not been taken to terminate the service agreement with that client, the licensee must continue to fulfill their obligations to the client but must only communicate with the client as permitted under subsection (1). Conduct of fellow licensee 42 (1) If a licensee suspects on reasonable grounds that a fellow licensee has engaged in conduct that is more than trivially inconsistent with this Code or obtains any information that raises a material concern as to the competence, integrity or capacity to practise of a fellow licensee, the licensee must promptly report the conduct or information to the College. Reportable conduct (2) Without limiting the generality of subsection (1), information regarding any of the following occurrences must be reported to the College: (a) a fellow licensee misappropriates or misapplies funds belonging to a client; (b) a fellow licensee fails to comply with an order of a court or a decision made under subsection 68(1) or 69(3) of the Act; (c) a client files a civil claim against a fellow licensee in relation to conduct that is likely to discredit the profession or jeopardize the public’s confidence and trust in the profession; (d) a fellow licensee abandons their immigration or citizenship consulting services practice; (e) a fellow licensee participates in serious criminal activity related to their practice; and (f) any situation in which a fellow licensee’s clients are likely to be severely prejudiced. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Relationship to the College and Other Persons Sections 42-44 Exceptions (3) A licensee is not required to report conduct or information to the College under subsection (1) if (a) doing so would result in the breach of a duty of confidentiality that is imposed by or under an Act of Parliament or of the legislature of a province; or (b) the licensee knows that the matter has already been reported to the College. False, misleading or inaccurate public statement 43 A licensee must not make a false, misleading or inaccurate public statement about another licensee, the College or any staff or person whose services are retained by the College. Marketing of Immigration or Citizenship Consulting Services Marketing of services 44 (1) A licensee who markets immigration or citizenship consulting services must ensure that (a) their name, as registered with the College, is prominently displayed or announced at or near the beginning of any advertisement for the services, in the language used in the advertisement; (b) any written advertisement for the services includes the Internet address of the College’s online public register of licensees; and (c) the marketing is in the best interests of the public and is consistent with a high standard of professionalism. False, misleading or inaccurate representations (2) In marketing immigration or citizenship consulting services, a licensee must not (a) make false, misleading or inaccurate representations; (b) guarantee the success of an application, expression of interest or proceeding; or (c) imply that the licensee has a relationship with the Government of Canada or a provincial government. Current to June 20, 2022 Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Marketing of Immigration or Citizenship Consulting Services Sections 44-48 Client endorsement 45 A licensee may use an endorsement by a client or former client in the marketing of their immigration or citizenship consulting services only if the endorsement (a) was actually given by a client or former client; (b) is true and accurate; and (c) has been reviewed and approved for public use by the client or former client in writing. Identifying marks of College 46 A licensee may use the College’s name, logo or other identifying mark only as permitted by the College. Transitional Provision Inconsistency with Council by-laws and regulations 47 In the event of an inconsistency or conflict between this Code and any by-laws of the Immigration Consultants of Canada Regulatory Council, or any regulations made by that Council’s board of directors, that remain in effect by virtue of paragraph 85(7)(o) of the Act, this Code prevails to the extent of the inconsistency or conflict. Establishment and Coming into Force Registration 48 This Code is established and comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Cree-Naskapi Band Elections Regulations SOR/88-315 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Election of Council Members for the Cree Bands and the Naskapi Band 1 Short Title Interpretation PART I Band Elections 3 Number of Positions of Council Member Term of Office of Council Members Calling of Elections Electoral List Notice of Election Nomination Procedures Election by Acclamation Poll Required Notice of Poll Preparation for Poll Election Method and Procedure Advance Polls and Travelling Polls Counting the Votes Positions of Council Members Proclamation of Candidates Elected Recount of Votes Recount Poll Election Results Contestation of Election Results Current to June 20, 2022 ii Cree-Naskapi Band Elections Regulations TABLE OF PROVISIONS Election Materials General Provisions PART II Offences 56 Prohibited Acts Maximum Punishment SCHEDULE I Notice of Election SCHEDULE II Written Nomination SCHEDULE III Notice of Poll SCHEDULE IV Ballot (Chief) SCHEDULE V Ballot (Councillor) SCHEDULE VI Poll Report SCHEDULE VII Report of Election Results SCHEDULE VIII Petition for Contestation Current to June 20, 2022 iv Registration SOR/88-315 June 9, 1988 CREE-NASKAPI (OF QUEBEC) ACT Cree-Naskapi Band Elections Regulations P.C. 1988-1111 June 9, 1988 Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 67, subsection 78(3) and section 198 of the Cree-Naskapi (of Quebec) Act*, is pleased hereby to make the annexed Regulations respecting the election of council members for the Cree Bands and the Naskapi Band. * S.C. 1984, c. 18 Current to June 20, 2022 Regulations Respecting the Election of Council Members for the Cree Bands and the Naskapi Band Short Title 1 These Regulations may be cited as the Cree-Naskapi Band Elections Regulations. Interpretation 2 In these Regulations, Act means the Cree-Naskapi (of Quebec) Act; (Loi) band election means a general election or an election for a position of council member referred to in sections 74 to 77 of the Act; (élection) electoral list means a list referred to in section 7; (liste électorale) land of the band means the Category IA or IA-N land of a band; (terres de la bande) representative means a person appointed pursuant to section 27; (représentant) Returning Officer means the person appointed by a band under subsection 71(1) of the Act. (directeur du scrutin) PART I (Paragraph 67(1)(a) of the Act) Band Elections Number of Positions of Council Member 3 The council of a band shall consist of one chief and not fewer than four nor more than twelve councillors, determined on the basis of one councillor for every 100 members of the band. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Term of Office of Council Members Sections 4-8 Term of Office of Council Members 4 The term of office of a council member shall be for a period of two years commencing on the day following the day of the election of that member. Calling of Elections 5 (1) Where a council calls a band election, the council shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held. (2) Where a Returning Officer calls a band election pursuant to section 77 of the Act, the Returning Officer shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held. 6 Where a band election is to be held, the Returning Officer of the band shall determine, (a) in accordance with section 10, on which day the nomination meeting for the election will be held and shall decide at which hour of the day and at which location within the land of the band the meeting will be held; (b) in accordance with section 25, the hours during which the poll for the election will be held and shall decide at which location within the land of the band the poll will be held; (c) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within the land of the band the advance poll for the election will be held; and (d) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within or outside the land of the band the travelling poll for the election will be held. Electoral List 7 Where a band election is to be held, the Returning Officer of the band shall prepare and sign an electoral list that sets out, in alphabetical order, the names of the electors of the band. 8 (1) The Returning Officer of a band may, on the application of an elector, revise an electoral list of the band to add the name of an elector whose name had been omitted from the list, correct the name of an elector whose Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Electoral List Sections 8-14 name had been incorrectly set out or delete the name of a person who is not an elector. (2) The Returning Officer of a band may, on his own initiative, correct any clerical errors in an electoral list of the band. (3) A Returning Officer shall initial each revision and correction made to an electoral list pursuant to subsection (1) or (2), as the case may be. Notice of Election 9 At least 15 clear days prior to the day determined for the poll for a band election, the Returning Officer of the band shall prominently post, in the head office of the band and in one or more public places within the land of the band, (a) a copy of the notice of election in the form set out in Schedule I and signed by the Returning Officer; and (b) a copy of the electoral list for the election. Nomination Procedures 10 A nomination meeting for a band election shall be held during the period commencing five clear days after the posting of the notice of election for the election and ending five clear days prior to the day determined for the poll for the election. 11 No person shall be a candidate for the position of council member unless that person is an elector who is eligible to be elected to that position. 12 A nomination may be made in writing, on a nomination paper, or orally, at a nomination meeting. 13 A written nomination for a band election shall be in the form set out in Schedule II and shall be signed by the candidate nominated and by three other electors of the band and shall be forwarded to the Returning Officer of the band prior to the nomination meeting for the election. 14 On the day, at the hour and at the location specified in the election notice for a band election, the Returning Officer of the band shall declare the nomination meeting open and announce and post the names of the candidates for the position of chief or councillor for whom a written nomination has been received by the Returning Officer pursuant to section 13. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Nomination Procedures Sections 15-19 15 (1) An oral nomination presented at a nomination meeting for a band election shall be proposed by an elector of the band and seconded by another elector of the band. (2) A person who is nominated orally at a nomination meeting for a band election shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band prior to the close of the meeting and, where he does not so indicate, he shall be considered to have refused the nomination. (3) Where a person who is nominated orally at a nomination meeting for a band election is not present at the meeting, the person shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band by telephone, radio or any other means considered appropriate by the Returning Officer. (4) At the nomination meeting for a band election, the Returning Officer of the band shall indicate the requirements of subsections (1) to (3) to the persons at the meeting. 16 No person shall accept nominations as a candidate in a band election for both the position of chief and the position of councillor. 17 (1) Subject to subsection (2), at the nomination meeting for a band election, the Returning Officer of the band shall declare the meeting closed when nominations have ceased. (2) No nomination meeting or session of a nomination meeting shall last less than two hours. 18 (1) Where, immediately before the close of a nomination meeting for a band election, there is an insufficient number of candidates to fill all vacant positions, the Returning Officer of the band shall declare the first session of the meeting adjourned and shall reconvene the meeting at a second session two days later. (2) No nomination meeting shall consist of more than two sessions. Election by Acclamation 19 (1) Where, at the close of a nomination meeting for a band election, there is only one candidate for the position of chief, the Returning Officer of the band shall forthwith proclaim the candidate to be elected by acclamation. (2) Where, at the close of a nomination meeting for a band election, the number of candidates for the position of councillor is equal to or less than the number of Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Election by Acclamation Sections 19-23 councillor positions to be filled, the Returning Officer of the band shall forthwith proclaim the candidates to be elected by acclamation. Poll Required 20 Where, at the close of a nomination meeting for a band election, there is more than one candidate for the position of chief or the number of candidates for the position of councillor exceeds the number of councillor positions to be filled at the election, the Returning Officer of the band shall declare that a poll will be held in respect of that position or those positions, as the case may be, on the day specified in the notice of election for that election. Notice of Poll 21 Where a poll is required at a band election, the Returning Officer of the band shall as soon as possible sign and prominently post a copy of the notice of poll, in the form set out in Schedule III, in the head office of the band and in one or more public places within the land of the band and shall send a copy of the notice to the band secretary. Preparation for Poll 22 Where a poll is required at a band election, the Returning Officer of the band shall ensure that (a) there are one or more polling stations within the land of the band; (b) there is, at each polling station, one voting compartment that is constructed in such a manner that electors can mark their ballots in secret; (c) there are, at each voting compartment, directions for voting and a pen or pencil that is similar to the pen or pencil at each of the other voting compartments; (d) there are ballots in a sufficient number for the poll to be held; (e) there is a sufficient number of ballot boxes for the poll to be held; and (f) there is a poll book for each polling station. 23 (1) Ballots for the election of a chief and ballots for the election of a councillor shall be in the form set out in schedules IV and V respectively. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Preparation for Poll Sections 23-28 (2) A ballot shall list, in alphabetical order, the name of each candidate and may, if applicable, indicate the name by which a candidate is commonly known but shall not indicate any additional information regarding a candidate. 24 (1) A ballot box shall be made of durable material, furnished with a padlock and constructed in such a manner that any ballots that have been deposited in it cannot be withdrawn without unlocking the ballot box. (2) A Returning Officer shall keep count of and supervise the ballot boxes to be used at a band election up to the opening of the polling stations for the election. Election Method and Procedure 25 Subject to subsection 26(1), a poll shall be open for voting continuously for at least eight hours between the hours of 6 o’clock in the morning and 10 o’clock in the evening on the day determined for the poll. 26 (1) In the case of a natural disaster, an electrical blackout or other extraordinary circumstance, a Returning Officer may (a) postpone the closing of a poll for up to two hours; (b) postpone a poll for up to four weeks; or (c) interrupt a poll and resume the poll within four weeks. (2) Where the Returning Officer of a band postpones a poll or the closing of a poll or interrupts a poll, the Returning Officer shall take reasonable measures to inform the electors of the band of any resulting changes regarding the poll. 27 A candidate for a band election may appoint, in writing, (a) for each polling station provided for the election, one person to represent the candidate during the hours the polling station is open for voting; and (b) two persons to represent the candidate during the counting of votes. 28 Immediately prior to the opening of a polling station for a band election for voting, the Returning Officer of the band shall open each ballot box to be used at the polling station, call on any persons present to witness that the ballot boxes are empty and then padlock the ballot boxes. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Election Method and Procedure Sections 29-34 29 (1) Where an elector appears at the appropriate polling station for the purpose of voting in a band election, the Returning Officer of the band shall verify that the elector’s name is on the electoral list for the band and that the elector has not yet voted in the election and shall initial the back of a ballot for the election of a chief or a ballot for the election of a councillor, or both, as the case may be, and hand the ballot or ballots to the elector. (2) A Returning Officer may, and where requested to do so, shall, explain the method of voting to an elector. 30 On receiving a ballot or ballots, an elector shall immediately proceed to a voting compartment to vote. SOR/92-592, s. 2(E). 31 (1) Subject to subsection (2), only one person shall be in a voting compartment at any one time. (2) An elector who is unable to vote without assistance because of an inability to read or to understand the language in which the ballots are printed or because of blindness or any other physical disability may be assisted in voting by the Returning Officer or, where accompanied by a friend or relative, by the friend or relative. SOR/92-592, s. 2(E). 32 After marking a ballot, an elector shall forthwith return the ballot to the Returning Officer who shall check, without attempting to see how the elector voted, whether the ballot has been initialled by the Returning Officer. 33 (1) Subject to subsections (2) and (3), the Returning Officer to whom a ballot is returned shall request the elector who returned the ballot to deposit it in the ballot box. (2) Where a ballot that was not initialled by the Returning Officer is returned to the Returning Officer by an elector, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit the ballot in the ballot box. (3) Where a returned ballot is damaged, the Returning Officer to whom the ballot is returned shall mark the word “damaged” on the back of the ballot and deposit it in the ballot box. SOR/92-592, s. 2. 34 An elector whose ballot was marked “declined” pursuant to subsection 33(2) or “damaged” pursuant to subsection 33(3) shall be entitled to receive a replacement ballot. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Election Method and Procedure Sections 35-38 35 The Returning Officer at a polling station shall list, in the poll book provided for that polling station, the name of each elector who receives a ballot at the polling station and shall record opposite an elector’s name any case where (a) the elector receives assistance to vote pursuant to subsection 31(2) and the reason for that assistance; or (b) the elector after receiving a ballot left the polling station without returning the ballot to the Returning Officer. 36 (1) An elector who after receiving a ballot at a polling station leaves the polling station without returning the ballot to the Returning Officer shall be considered to have voted. (2) Where an elector referred to in subsection (1) later returns a ballot to a Returning Officer, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit it in the ballot box. 37 An elector who is inside a polling station at the time determined for the closing of the polling station and who is otherwise entitled to vote at that polling station shall be entitled to vote before the polling station is closed. 38 (1) Forthwith after a polling station is closed, the Returning Officer at the polling station shall (a) record in the poll book for that polling station the number of ballots issued for the polling station, the number of ballots used and the number of ballots remaining unused; and (b) place in separate envelopes the unused ballots for chief and the unused ballots for councillor and label each envelope to indicate its contents. (2) Where the duties of the Returning Officer of a band at a polling station are performed by a Deputy Returning Officer or an Assistant Returning Officer, the Deputy Returning Officer or the Assistant Returning Officer, as the case may be, shall, forthwith after complying with subsection (1), return the ballot boxes and poll books used at the polling station and the envelopes of unused ballots to the Returning Officer of the band. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Advance Polls and Travelling Polls Sections 39-44 Advance Polls and Travelling Polls 39 Where an advance poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which the poll for the election will be held may vote at the advance poll. 40 Where a travelling poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which and at the location at which the poll for the election will be held may vote at the travelling poll. 41 Sections 22 to 38 apply to an advance poll or travelling poll with such modifications as the circumstances require. Counting the Votes 42 Forthwith after the closing of the poll for a band election, the Returning Officer of the band shall count the votes, including, if applicable, those at the advance poll and the travelling poll held in connection with the election, in the presence of any candidates and representatives who wish to attend. 43 (1) In counting votes at a band election, the Returning Officer of the band shall reject any ballot (a) that was not initialled by the Returning Officer, the Deputy Returning Officer or an Assistant Returning Officer; (b) that is blank; (c) on which there appear more votes than there are positions to be filled; (d) on which there appear marks or writing identifying the elector; or (e) on which the Returning Officer has marked “declined” or “damaged”. (2) In counting votes at a band election, the Returning Officer of the band shall reject, on a ballot, any vote that does not clearly indicate the elector’s intention. 44 Where a candidate or a representative objects to a decision of the Returning Officer concerning the counting of a vote in a band election, the Returning Officer of the band shall (a) decide any questions arising out of the objection; Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Counting the Votes Sections 44-47 (b) number and record the objection in the appropriate poll book; and (c) write on the back of the ballot the word or words “allowed”, “allowed in part” or “rejected”, as the case may be, as well as the number of the objection and initial the ballot. 45 (1) During the counting of the votes at a band election, the Returning Officer of the band shall (a) if applicable, separate the ballots provided for the election for the position of chief from the ballots provided for the election for the position of councillor; and (b) sort the ballots provided for the election for the position of chief or councillor, as the case may be, into two separate lots consisting of (i) all the ballots allowed or allowed in part, and (ii) all the rejected ballots. (2) Forthwith after the counting of the votes at a band election, the Returning Officer of the band shall (a) place each of the lots of ballots referred to in paragraph (1)(b) in a separate envelope and label each envelope to indicate its contents; and (b) complete and sign a poll report in the form set out in Schedule VI and forward a copy of the poll report to each of the candidates for the election, the band secretary, the Minister of Indian Affairs and Northern Development and, in the case of a Cree band election, to the secretary of the Cree Regional Authority. Positions of Council Members 46 (1) Where a poll is held for the position of chief, the candidate for the position who receives the largest number of votes shall be elected chief. (2) Where a poll is held for one or more positions of councillor, the candidate or candidates, to the number corresponding to the number of positions of councillor to be filled, who receive the largest number of votes shall be elected councillor. 47 (1) Where a poll is held at a general election, the candidate who receives the largest number of votes for the position of councillor shall be the deputy chief. (2) In any circumstances other than the circumstances referred to in subsection (1), the council of a band shall Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Positions of Council Members Sections 47-51 designate, from among the councillors of the band, one councillor to be the deputy chief. Proclamation of Candidates Elected 48 Forthwith after the counting of votes in a band election, the Returning Officer of the band shall proclaim elected the candidates elected in accordance with section 46. Recount of Votes 49 (1) The Returning Officer of a band shall recount the votes for a position to be filled at a band election where (a) there is an equal number of votes for each of two or more candidates for (i) the position of chief, (ii) the position of deputy chief, or (iii) a position of councillor, where the position is the only position or the only remaining position to be filled; or (b) the Returning Officer receives, within one day after the day on which the poll for the band election was held, a written request for a recount of votes from a candidate for a position to be filled at the election. (2) Sections 42 to 48 apply, with such modifications as the circumstances require, to any recount of votes. Recount Poll 50 (1) Where after a recount of votes there exists an equal number of votes for each of two or more candidates for a position referred to in paragraph 49(1)(a), the Returning Officer of the band shall, within 28 days after the day on which the recount was conducted, hold a second poll for those candidates for that position. (2) These Regulations apply to a poll referred to in subsection (1) with such modifications as the circumstances require. Election Results 51 (1) Within five days after the day on which the poll for a band election was held, the Returning Officer of the band shall Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections Election Results Sections 51-54 (a) prepare a report of election results in the form set out in Schedule VII; (b) sign the report; (c) prominently post a copy of the report in the head office of the band and in one or more public places within the land of the band; and (d) forward a copy of the report of election results to the persons referred to in paragraph 45(2)(b). (2) Where all the candidates for a band election have been elected by acclamation, the Returning Officer of the band shall comply with subsection (1) within five days of the nomination meeting held for that election. Contestation of Election Results 52 A petition prepared pursuant to subsection 78(3) of the Act shall be in the form set out in Schedule VIII. Election Materials 53 (1) The Returning Officer of a band shall retain and safeguard all the election materials used in a band election including the ballots, ballot boxes, electoral list, poll books, poll report and report of the election results for a period of 14 days after the day on which the poll for the band election is held. (2) Subject to subsection (3), after the expiration of the period referred to in subsection (1), the Returning Officer of a band shall remit to the band secretary for safekeeping all the election materials referred to in subsection (1), except the ballots, which shall be destroyed by the Returning Officer in the presence of two witnesses. (3) Where the election of a council member for a band is contested pursuant to section 78 of the Act, the Returning Officer of the band shall continue to retain and safeguard the election materials referred to in subsection (1) until otherwise directed by the judge who is inquiring into the election. General Provisions 54 (1) The Returning Officer of a band shall supervise the conduct of any election held by that band. (2) The Deputy Returning Officer or an Assistant Returning Officer appointed by the Returning Officer pursuant to subsection 71(2) of the Act may, under the supervision of the Returning Officer, perform the duties of the Returning Officer under these Regulations except Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART I Band Elections General Provisions Sections 54-62 those referred to in subsections 15(2) and (3), sections 26, 42 to 45 and 48, subsections 49(1) and 50(1), sections 51 and 53 and this section. 55 All documents referred to in these Regulations for use in a band election shall be in either the English or the French language and may also be in the Cree language or the Naskapi language, as the case may be. PART II (Paragraph 67(1)(b) of the Act) Offences Prohibited Acts 56 No person shall, at a poll for a band election, vote or attempt to vote (a) more than once; (b) knowing that he is not entitled to vote; or (c) under any name other than his own name. 57 No person shall induce another person to vote at a poll for a band election knowing that the other person is not entitled to vote. 58 No person shall use bribery, treating, undue influence or any other corrupt practice in a band election. 59 No person shall cause or attempt to cause any disturbance at a nomination meeting or at a polling station. 60 No person shall campaign or advertise in connection with a band election in a polling station or within 30 metres of a polling station. 61 No person shall be present in a polling station except those authorized by a by-law made under section 64 of the Act or these Regulations and those present for the purposes of voting. 62 Unless authorized by a by-law made under section 64 of the Act or by subsection 31(2), no person shall (a) be in a voting compartment with an elector; (b) be in a position from which the person can see for whom an elector marks his ballot; or Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART II Offences Prohibited Acts Sections 62-66 (c) at a polling station, attempt to know how an elector intends to vote. 63 No person who assists an elector to vote pursuant to a by-law made under section 64 of the Act or to subsection 31(2) shall (a) influence or attempt to influence the elector in the selection of the candidate for whom the elector votes; or (b) mark the elector’s ballot contrary to the elector’s intention. 64 (1) No person shall interfere with or attempt to interfere with an elector who is in a voting compartment. (2) No person shall interfere with or attempt to interfere with the counting of votes. 65 (1) No person shall (a) counterfeit or fraudulently alter or deface a ballot or the initials of a Returning Officer, Deputy Returning Officer or Assistant Returning Officer on a ballot; (b) fraudulently destroy a ballot; (c) without authority, supply a ballot to a person; (d) fraudulently deposit in a ballot box any paper other than the ballot that the person is authorized by a by-law made under section 64 of the Act or by these Regulations to deposit in the ballot box; (e) without authority take a ballot; (f) fraudulently take a ballot out of a polling station; (g) without authority, destroy, damage, take, open or otherwise interfere with a ballot box; or (h) fraudulently print a ballot. (2) No person shall attempt to commit any of the acts referred to in subsection (1). 66 No Returning Officer, Deputy Returning Officer or Assistant Returning Officer shall divulge any information Current to June 20, 2022 Cree-Naskapi Band Elections Regulations PART II Offences Prohibited Acts Sections 66-68 obtained by that officer in respect of the conduct of an election (a) except as authorized by a by-law made under section 64 of the Act or by these Regulations; or (b) unless that officer is required to give evidence in the course of a legal proceeding respecting the election. SOR/92-592, s. 2. 67 No Returning Officer, Deputy Returning Officer or Assistant Returning Officer shall fraudulently initial or attempt to initial a ballot or any paper purported to be a ballot. Maximum Punishment 68 For the purposes of section 198 of the Act, (a) subject to paragraph (c), for the contravention of paragraph 56(a) or any of sections 59 to 62, 64 or 66, the maximum fine is one hundred dollars and the maximum term of imprisonment is three months; (b) subject to paragraph (c), for the contravention of paragraph 56(b) or section 57, 63 or 65, the maximum fine is two hundred dollars and the maximum term of imprisonment is six months; (c) for the contravention of paragraph 56(b), section 57, 62, 63 or any of sections 65 to 67 by a Returning Officer, a Deputy Returning Officer or an Assistant Returning Officer, the maximum fine is four hundred dollars and the maximum term of imprisonment is six months; and (d) for the contravention of paragraph 56(c) or section 58, the maximum fine is five hundred dollars and the maximum term of imprisonment is six months. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE I Notice of Election SCHEDULE I (Paragraph 9(a)) Notice of Election Notice is hereby given to the electors of the (insert the name of the band) band that an election has been called for the following position(s) of council member, (insert the position(s) to be filled by the election, whether for chief or councillor(s), or both, and in the case of councillor(s), indicate the number of positions to be filled by the election). A nomination meeting for such position(s) will be held (indicate on which day, at which hour and at which location the nomination meeting is to be held). A written nomination may be forwarded to the Returning Officer. A written nomination shall be signed by the candidate and by three other electors of the band and shall be forwarded prior to the commencement of the nomination meeting. Written nomination forms are available in the office of the Returning Officer. Where a poll is required, such poll will be held (indicate on which day, during which hours and at which location the poll is to be held). (Insert the following paragraph, if applicable.) Where a poll is required, an advance poll will be held (indicate on which day, during which hours and at which location the advance poll is to be held). (Insert the following paragraph, if applicable.) Where a poll is required, a travelling poll will be held (indicate on which day, during which hours and at which location the travelling poll is to be held). For more information, please contact the Returning Officer at (insert the address of the Returning Officer). Signed at , 19 . Returning Officer Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE II Written Nomination SCHEDULE II (Section 13) Written Nomination We, the undersigned, electors of (insert the name of the band), hereby nominate (insert the name of the candidate), residing at (insert the address of the candidate), as candidate for the position of (insert “chief” or “councillor”) of the band. Address Signature Date Signature Address Date Signature Address Date I, the undersigned, (insert the name of the candidate), hereby consent to be a candidate for the above-mentioned position. Signed at , 19 . Signature Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE III Notice of Poll SCHEDULE III (Section 21) Notice of Poll Public notice is hereby given that a poll is required for the election of (insert chief or councillor(s), or both) for the (insert the name of the band) and that such poll will be held (indicate on which day, during which hours and at which location the poll is to be held). (Insert the following paragraph, if applicable.) An advance poll will be held (indicate on which day, during which hours and at which location the advance poll is to be held). (Insert the following paragraph, if applicable.) A travelling poll will be held (indicate on which day, during which hours and at which location the travelling poll will be held). (Insert one or both of the following paragraphs, if applicable.) The candidates for the position of chief are (insert the name and address of each candidate). The candidates for the (insert the number of positions to be filled by the election) position(s) of councillor are (insert the name and address of each candidate). Signed at , 19 . Returning Officer Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE IV Ballot (Chief) SCHEDULE IV (Subsection 23(1)) Ballot (Chief) (Insert the name of the band.) (Insert the date of the poll.) ELECTION FOR THE POSITION OF CHIEF (Insert, in separate boxes and in alphabetical order, the names of the candidates.) Etc. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE V Ballot (Councillor) SCHEDULE V (Subsection 23(1)) Ballot (Councillor) (Insert the name of the band.) (Insert the date of the poll.) ELECTION FOR THE (insert the number of positions to be filled by the election) POSITIONS OF COUNCILLOR (Insert, in separate boxes and in alphabetical order, the names of the candidates.) Etc. Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE VI Poll Report SCHEDULE VI (Paragraph 45(2)(b)) Poll Report (Indicate the name of the band.) ELECTION HELD ON (insert the date of the poll) Number of voters CHIEF Number of ballots issued Number of ballots unused Number of ballots rejected Number of ballots not returned to the Returning Officer of the band Number of ballots allowed or allowed in part TOTALS: Number of votes for (name of candidate) Number of votes for (name of candidate) Etc COUNCILLORS Number of ballots issued Number of ballots unused Number of ballots rejected Number of ballots not returned to the Returning Officer of the band Number of ballots allowed or allowed in part TOTALS: Number of votes for (name of candidate) Number of votes for (name of candidate) Etc I hereby certify that the information contained in this statement is correct. Signed at , 19 . Returning Officer Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE VII Report of Election Results SCHEDULE VII (Paragraph 51(1)(a)) Report of Election Results I hereby certify that the following person(s) has (have) been elected, on the date set out, to the position of council member on the council of the (insert the name of the band). NAME(S) ELECTED ELECTED OF PERSON(S) POSITION DATE (Insert names of the persons elected, the positions to which the persons were elected, whether the persons were elected by acclamation or by ballot and the date the persons were elected.) (Insert the following, if applicable.) I hereby certify that the following persons have received an equal number of votes for the position of (insert “chief”, “deputy chief” or “councillor”.) NAMES OF PERSONS POSITION (Insert the names of the persons referred to in paragraph 49(1)(a) and the relevant position.) Signed at , 19 . Returning Officer Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE VIII Petition for Contestation SCHEDULE VIII (Section 52) Petition for Contestation CANADA PROVINCE OF QUEBEC DISTRICT OF SUPERIOR COURT (or Provincial Court) No (name) .................................. (occupation) ......................... residing at ............................ Judicial district of ................ Petitioner(s) PETITION FOR CONTESTATION OF ELECTION RESULTS (SECTION 78 OF THE CREE-NASKAPI (OF QUEBEC) ACT) To one of the Honourable Judges of the Superior Court (or of the Provincial Court), District of ............................. , the Petitioner(s) submits (submit): 1 THAT the Petitioner(s) was a (were) candidate(s) for the position(s) of council member (were electors) in an election held for the ............................. Band; THAT ............................. was elected (by poll or acclamation) to the position of council member for that Band on ............................. , 19 ; THAT ............................. was the Returning Officer at the said election; THAT the Petitioner(s) has (have), in accordance with subsection 78(1) of the Cree-Naskapi (of Quebec) Act, submitted to the Returning Officer on ............................. , 19 , a written notice of contestation of the election of ............................. as council member; a copy of this notice is appended hereto as exhibit A1; THAT the grounds for such contestation are: (Here state the grounds of contestation of election as stated in subsection 78(2) of the Cree-Naskapi (of Quebec) Act. In the case of the grounds described in paragraph 78(2)(a) or (b) of that Act, allege that the grounds of contestation materially affected the result of the election.) The sum of two hundred dollars is deposited with this petition in conformity with subsection 78(4) of the Cree-Naskapi (of Quebec) Act. WHEREFORE the Petitioner(s) requests THAT the said election of ............................. be declared invalid; and Current to June 20, 2022 Cree-Naskapi Band Elections Regulations SCHEDULE VIII Petition for Contestation THAT an order be issued to refund the deposit of two hundred dollars to the Petitioner(s). SIGNED at ............................. , on ............................. , 19.... Petitioner(s) Prepared and submitted by Returning Officer Current to June 20, 2022
CONSOLIDATION Corporations and Labour Unions Returns Act Regulations [Repealed, SOR/2014-13, s. 8] Current to June 20, 2022 Last amended on January 29, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 29, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 29, 2014 TABLE OF PROVISIONS Regulations Respecting the Corporations and Labour Unions Returns Act Current to June 20, 2022 Last amended on January 29, 2014 ii
CONSOLIDATION Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations SOR/2000-283 Current to June 20, 2022 Last amended on November 18, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 18, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 18, 2016 TABLE OF PROVISIONS Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations 1 Interpretation Marketing Restrictions Orderly Marketing Quotas Reduction of Orderly Marketing Quotas Suspension and Cancellation of Orderly Marketing Quotas New Entrants Coming into Force Current to June 20, 2022 Last amended on November 18, 2016 ii Registration SOR/2000-283 June 30, 2000 FARM PRODUCTS AGENCIES ACT Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Whereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency Proclamationa, established the Canadian Broiler Hatching Egg Marketing Agency pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to that Proclamation; Whereas that Proclamation was amended on May 8, 1989d to authorize the Canadian Broiler Hatching Egg Marketing Agency to establish a quota system for persons engaged in the marketing of chicks produced in a non-signatory province and marketed into a signatory province; Whereas the proposed annexed Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations are regulations of a class to which paragraph 7(1)(d)e of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Orderf, and have been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act; And whereas, pursuant to paragraph 7(1)(d)e of that Act, the National Farm Products Council is satisfied that the proposed regulations are necessary for the implementation of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement, and has approved the proposed regulations; Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and subsections 5(2) and 6.1(1)d of the schedule to the Canadian Broiler a SOR/87-40 b S.C. 1993, c. 3, par. 13(b) c S.C. 1993, c. 3, s. 2 d SOR/89-250 e S.C. 1993, c. 3, s. 7(2) f C.R.C., c. 648 Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Hatching Egg Marketing Agency Proclamationa, hereby makes the annexed Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations. Ottawa, Ontario, June 30, 2000 a SOR/87-40 Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Interpretation 1 (1) The definitions in this section apply in these Regulations. Act [Repealed, SOR/2013-255, s. 1] Agency [Repealed, SOR/2013-255, s. 1] broiler hatching egg [Repealed, SOR/2013-255, s. 1] chick [Repealed, SOR/2013-255, s. 1] dealer means a person, other than a producer or hatchery operator, engaged in the marketing in interprovincial trade into a signatory province of broiler hatching eggs or chicks produced in a non-signatory province. (négociant) hatchability means the percentage of saleable chicks obtained from the incubation of broiler hatching eggs as established for each province by the Department of Agriculture and Agri-Food and published by that Department in the Hatchery Review. (coefficient d’éclosion) hatchery operator means a person who incubates broiler hatching eggs into chicks. (couvoirier) marketing [Repealed, SOR/2013-255, s. 1] non-signatory provinces [Repealed, SOR/2013-255, s. 1] orderly marketing quota means the number of broiler hatching eggs or chicks produced in a non-signatory province that a producer, dealer or hatchery operator is authorized under these Regulations to market in interprovincial trade into a signatory province during a year. (contingent de commercialisation) producer means a person engaged in the production of broiler hatching eggs in a non-signatory province. (producteur) qualifying period means Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Interpretation Sections 1-3 (a) in relation to broiler hatching eggs, the period beginning on November 27, 1985 and ending on November 26, 1986; and (b) in relation to chicks, the period beginning on August 1, 1988 and ending on July 31, 1989. (période de référence) signatory provinces [Repealed, SOR/2013-255, s. 1] (2) [Repealed, SOR/2016-292, s. 1] SOR/2008-9, s. 1; SOR/2013-255, s. 1; SOR/2016-292, s. 1. Marketing Restrictions 2 No producer, dealer or hatchery operator shall engage in the marketing of broiler hatching eggs or chicks produced in a non-signatory province in interprovincial trade into a signatory province unless that producer, dealer or hatchery operator (a) holds an orderly marketing quota for that signatory province; and (b) markets a number of broiler hatching eggs or chicks that is not in excess of the orderly marketing quota referred to in paragraph (a). 3 (1) Section 2 does not apply to a producer, dealer or hatchery operator where (a) broiler hatching eggs produced in a non-signatory province are marketed by the producer, dealer or hatchery operator in a non-signatory province into a signatory province; (b) a number of chicks, equivalent to 96% of the number of broiler hatching eggs referred to in paragraph (a), will be returned by the hatchery operator in the signatory province to the producer in the province in which the eggs were produced or to the dealer or hatchery operator from whom the eggs were received; (c) the producer, dealer or hatchery operator in a non-signatory province applies for, and receives from the Agency, authorization to market a designated quantity of broiler hatching eggs; (d) the producer, dealer or hatchery operator in a non- signatory province markets broiler hatching eggs only to the extent of the Agency authorization granted; and Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Marketing Restrictions Sections 3-4 (e) the broiler hatching eggs are marketed pursuant to a contract that is in the form provided by the Agency and that (i) specifies the number of broiler hatching eggs to be marketed and the number of chicks to be returned to the province in which the eggs were produced, and (ii) provides that the parties shall comply with any applicable Order, Regulation or requirement of the Agency. (2) The application referred to in paragraph (1)(c) shall (a) be in the form provided by the Agency; (b) be completed and signed by the applicant; (c) contain information relevant to the marketing of the broiler hatching eggs and chicks, including (i) the number of eggs to be marketed and the number of chicks to be returned to the province in which the eggs were produced, and (ii) the price at which any such eggs shall be marketed; (d) be accompanied by invoices, sales receipts or other documents evidencing the number of broiler hatching eggs marketed by the applicant in the year prior to the year for which the application is being made; and (e) be filed with the Agency (i) for the year 2000, on or before September 1, 2000, and (ii) for subsequent years, on or before October 1 of the year preceding the year for which the authorization is sought. (3) The Agency shall grant an authorization if the applicant meets the requirements set out in this section. (4) An authorization issued under this section expires on December 31 of the year for which it is issued. Orderly Marketing Quotas 4 (1) A producer, dealer or hatchery operator who, during the qualifying period, marketed into a signatory province broiler hatching eggs or chicks produced in a Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Orderly Marketing Quotas Sections 4-5 non-signatory province and who wishes to obtain an orderly marketing quota shall (a) apply to the Agency for a licence, pursuant to the Canadian Broiler Hatching Egg and Chick Licensing Regulations, for the year to which the quota applies; and (b) apply to the Agency for a quota no later than September 30 of the year preceding the year in respect of which the quota applies. (2) An application for an orderly marketing quota referred to in subsection (1) shall (a) be in the form provided by the Agency; (b) be completed and signed by the applicant; and (c) in the case of an application by an applicant to whom an orderly marketing quota has not previously been allotted, be accompanied by invoices, sales receipts or other evidence of the number of broiler hatching eggs or chicks produced in a non-signatory province and marketed by the applicant in interprovincial trade into the signatory province during the qualifying period. (3) An applicant referred to in paragraph (2)(c) shall make the applicant’s books and records available for examination in order that the Agency may verify the accuracy of the information given pursuant to that paragraph. 5 (1) The Agency shall allot an orderly marketing quota to any applicant who meets the requirements of section 4 and is a holder of a licence under the Canadian Broiler Hatching Egg and Chick Licensing Regulations for the year in respect of which the orderly marketing quota applies. (2) The orderly marketing quota in respect of a signatory province allotted to an applicant under subsection (1) for a year shall be equal to the number of broiler hatching eggs and chicks, adjusted to take into account the principle of comparative advantage of production, determined by the formula XxY where X represents the percentage change, from the year the signatory province was first referred to in the definition signatory provinces in section 1 of the schedule to the Canadian Hatching Egg Producers Proclamation to the year in respect of which the orderly marketing quota is to apply, in the amount that Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Orderly Marketing Quotas Sections 5-9 is the total number of broiler hatching eggs and chicks subject to limits for that signatory province as set out in the schedule to the Canadian Hatching Egg Producers Quota Regulations, and Y represents the number of broiler hatching eggs and chicks that were marketed during the qualifying period by the applicant into that signatory province. SOR/2008-9, s. 2. 6 (1) An orderly marketing quota shall be expressed in a number of broiler hatching eggs. (2) For the purpose of marketing chicks, the number of broiler hatching eggs in the orderly marketing quota shall be converted into the number of chicks by multiplying the number of broiler hatching eggs in the quota by the hatchability for the province of production during the year preceding the year in which the chicks are marketed. 7 An orderly marketing quota expires on December 31 of the year for which it is allotted. 8 (1) No producer, dealer or hatchery operator shall sell, give as security, lease or assign an orderly marketing quota. (2) Where a producer, dealer or hatchery operator ceases to carry on business, the Agency may, on application, reallot any orderly marketing quota held by that producer, dealer or hatchery operator on such terms and conditions as are necessary for the orderly marketing of broiler hatching eggs or chicks. Reduction of Orderly Marketing Quotas 9 Where a producer, dealer or hatchery operator markets broiler hatching eggs or chicks produced in a nonsignatory province in interprovincial trade into a signatory province in excess of that producer’s, dealer’s or hatchery operator’s orderly marketing quota for that signatory province for a year, the Agency shall reduce, in such manner and to such extent as are necessary for the orderly marketing of broiler hatching eggs and chicks, that producer’s, dealer’s or hatchery operator’s orderly marketing quota for that signatory province for the following year. Current to June 20, 2022 Last amended on November 18, 2016 Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations Suspension and Cancellation of Orderly Marketing Quotas Sections 10-12 Suspension and Cancellation of Orderly Marketing Quotas 10 If a licence issued by the Agency to a producer, dealer or hatchery operator pursuant to the Canadian Broiler Hatching Egg and Chick Licensing Regulations is suspended or cancelled, the orderly marketing quota for that producer, dealer or hatchery operator shall be suspended or cancelled, as the case may be. New Entrants 11 The Agency shall, on application, on such terms and conditions as are necessary for the orderly marketing of broiler hatching eggs and chicks, allot orderly marketing quotas for a signatory province to persons in a non-signatory province who did not market broiler hatching eggs or chicks produced in the non-signatory province in interprovincial trade into the signatory province during the qualifying period, if (a) the market for broiler hatching eggs or chicks in the signatory province has increased; and (b) the Agency has assigned a number of broiler hatching eggs or chicks for the allotment of orderly marketing quotas. Coming into Force 12 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on November 18, 2016
CONSOLIDATION CCOFTA Tariff Preference Regulations SOR/2011-133 Current to June 20, 2022 Last amended on August 15, 2011 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 15, 2011. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 15, 2011 TABLE OF PROVISIONS CCOFTA Tariff Preference Regulations 1 Interpretation General *3 Coming into Force Current to June 20, 2022 Last amended on August 15, 2011 ii Registration SOR/2011-133 June 23, 2011 CUSTOMS TARIFF CCOFTA Tariff Preference Regulations P.C. 2011-735 June 23, 2011 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, hereby makes the annexed CCOFTA Tariff Preference Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on August 15, 2011 CCOFTA Tariff Preference Regulations Interpretation 1 In these Regulations, originating means qualifying as originating in the territory of a Party under the rules of origin set out in Chapter Three (Rules of Origin) of the Canada — Colombia Free Trade Agreement, signed on November 21, 2008. General 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating goods exported from Colombia are entitled to the benefit of the Colombia Tariff if (a) the goods are shipped to Canada without shipment through another country either (i) on a through bill of lading, or (ii) without a through bill of lading and the importer provides, when requested by an officer, documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods; or (b) the goods are shipped to Canada through another country and the importer provides, when requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods, and (ii) a copy of the customs control documents that establish that the goods remained under customs control while in that other country. Coming into Force 3 These Regulations come into force on the day on which section 35 of the Canada — Colombia Free Trade Agreement Implementation Act, chapter 4 of the Statutes * Current to June 20, 2022 Last amended on August 15, 2011 CCOFTA Tariff Preference Regulations Coming into Force Section 3 of Canada, 2010, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force August 15, 2011, see SI/2011-55.] Current to June 20, 2022 Last amended on August 15, 2011
CONSOLIDATION Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations SOR/2016-24 Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations Definition 1 Definition of Act Financial Resources 2 Proof of financial resources Financial Responsibility 3 Requirements of pooled fund Reimbursement into pooled fund Board Recommendation Regarding Lesser Financial Requirements 5 Circumstances relating to recommendation Repeal Coming into Force *7 S.C. 2015, c. 4 Current to June 20, 2022 Last amended on February 27, 2016 ii Registration SOR/2016-24 February 19, 2016 CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations P.C. 2016-72 February 19, 2016 Whereas, pursuant to subsection 154(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Acta, a copy of the proposed Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 11, 2015 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; And whereas, pursuant to subsection 6(1)b of that Act, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Regulations and the Provincial Minister has approved the making of those Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 153(1)c of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Acta, makes the annexed Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations. a S.C. 1988, c. 28 b S.C. 2015, c. 4, s. 72 c S.C. 2015, c. 4, ss. 90(1) to (3) Current to June 20, 2022 Last amended on February 27, 2016 Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations Definition Definition of Act 1 In these Regulations, Act means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. Financial Resources Proof of financial resources 2 (1) For the purposes of subsection 167.1(1) of the Act, the proof that an applicant has the necessary financial resources is to be made by the applicant providing the Board with a statement of its net assets or of funding arrangements that it has made that demonstrates to the Board’s satisfaction that it is able to pay the applicable amount referred to in that subsection. Substantiating documents (2) The statement must be accompanied by one or more of the following documents that substantiate it: (a) the applicant’s most recent audited annual financial statement and, if the applicant has been given a credit rating by a credit rating agency that is current at the time the application is made, a document that indicates that credit rating; (b) a promissory note; (c) an insurance policy or a certificate of insurance; (d) an escrow agreement; (e) a letter of credit; (f) a line of credit agreement under which funds identified in the statement are available; (g) a guarantee agreement; (h) a security bond or pledge agreement or an indemnity bond or suretyship agreement. Current to June 20, 2022 Last amended on February 27, 2016 Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations Financial Resources Sections 2-3 Audited statement and documents (3) For greater certainty, the Board may require that the statement and substantiating documents be audited by a qualified independent auditor and that the applicant provide it with a report of the audit that is signed by that auditor. Financial Responsibility Requirements of pooled fund 3 (1) A pooled fund that is established for the purposes of subsection 168(1.01) of the Act must be located and administered in Canada. Permitted uses (2) The fund is to be used only to make payments under subsection 168(2) of the Act. However, the fund may be used to make payments (a) under subsection 160(2) of the Provincial Act, if it is also established for the purposes of subsection 160(1A) of that Act; (b) under subsection 163(2) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, if it is also established for the purposes of subsection 163(1.01) of that Act; (c) under subsection 158(2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, RSNL 1990, c. C-2, if it is also established for the purposes of subsection 158(1.1) of that Act; or (d) under subsection 27(2) of the Canada Oil and Gas Operations Act, if it is also established for the purposes of subsection 27(1.01) of that Act. Payment on demand (3) Moneys that are required to be paid out of the fund must be paid by the administrator of the fund on demand. Obligations of administrator (4) The administrator of the fund must (a) every year, provide the Board with an audited financial statement that demonstrates that the fund has been maintained at a minimum of $250 million or at the higher minimum amount set by regulation; (b) notify the Board within 24 hours of the addition of a participant to, or withdrawal of a participant from, Current to June 20, 2022 Last amended on February 27, 2016 Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations Financial Responsibility Sections 3-5 the fund or of any change in the amount of the fund, other than one that is solely attributable to an interest charge or a banking fee; (c) notify the Board of a contravention by a participant in the fund of their obligation under subsection 168(1.1), (1.2) or (5) of the Act within 24 hours after they become aware of the contravention; and (d) provide the Board with the phone number, email address and mailing address of their contact person. Reimbursement into pooled fund 4 For the purposes of subsection 168(5) of the Act, the reimbursement into the pooled fund of an amount that is paid out of it must be made within seven days after the day on which the payment is made. Board Recommendation Regarding Lesser Financial Requirements Circumstances relating to recommendation 5 (1) For the purposes of subsection 168.1(1) of the Act, the Board may make a recommendation to the Federal Minister in respect of an applicant if the Board is satisfied that the estimated total of the losses, damages, costs and expenses — other than losses of non-use value — for which the applicant may be liable under paragraphs 167(1)(b) and (2)(b) of the Act in connection with the proposed work or activity to which the application pertains is less than the amount referred to in subsection 167(2.2) of the Act. Recommendation (2) The recommendation must identify the hazards that are relevant to the proposed work or activity and must include an assessment of the risks associated with each event that could occur in connection with each of those hazards and that could result in debris, in a spill or in an authorized discharge, emission or escape of petroleum. Required information (3) The following information must accompany the recommendation: (a) the estimated total of the losses, damages, costs and expenses referred to in subsection (1); Current to June 20, 2022 Last amended on February 27, 2016 Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations Board Recommendation Regarding Lesser Financial Requirements Sections 5-7 (b) the recommended amount that is less than the amount referred to in subsection 167(2.2) or paragraph 168(1)(a) of the Act, as the case may be; (c) a summary of the reasons for the recommendation; (d) a summary of any information provided by the applicant to the Board that the Board considers to be pertinent; (e) any information concerning the recommendation that the Board provided to the Provincial Minister in connection with that Minister’s approval under subsection 168.1(1) of the Act; and (f) any information requested by the Federal Minister. Additional information (4) The Board may submit to the Federal Minister any other information that it considers to be pertinent. Repeal 6 [Repeal] Coming into Force S.C. 2015, c. 4 7 These Regulations come into force on the day on which section 97 of the Energy Safety and Security Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force February 27, 2016.] Current to June 20, 2022 Last amended on February 27, 2016
CONSOLIDATION Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations SOR/2021-160 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations Interpretation 1 Definitions PART 1 Broadcasting Entities Classes 2 Classes — broadcasting entity Day fixed — broadcasting entity Accessibility Plans 4 Form Publication of accessibility plan Publication of updated accessibility plan Notice to Commission Alternative formats Feedback 9 Feedback process Publication of feedback process Alternative formats Notice to Commission Progress Report 13 Form Publication of progress report Alternative formats Time limit for publication Notice to Commission PART 2 Telecommunications Entities Classes 18 Classes — telecommunications entity Day fixed — telecommunications entity Current to June 20, 2022 ii Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations TABLE OF PROVISIONS Accessibility Plans 20 Form Publication of accessibility plan Publication of updated accessibility plan Notice to Commission Alternative formats Feedback 25 Feedback process Publication of feedback process Alternative formats Notice to Commission Progress Report 29 Form Publication of progress report Alternative formats Time limit for publication Notice to Commission Coming into Force 34 Registration Current to June 20, 2022 iv Registration SOR/2021-160 June 23, 2021 ACCESSIBLE CANADA ACT Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations Whereas, a copy of the proposed Canadian Radiotelevision and Telecommunications Commission Accessibility Reporting Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 6, 2021, and a reasonable opportunity was given to regulated entities and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations; Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 45 and 54 of the Accessible Canada Acta, makes the annexed Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations. Gatineau, June 22, 2021 Le secrétaire général du C et des télécommunic Claude Secretary General of the C and Telecommunica a S.C. 2019, c. 10 Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations Interpretation Definitions 1 (1) The following definitions apply in these Regulations. Act means the Accessible Canada Act. (Loi) broadcasting entity means an entity or person that is a member of one of the classes established under subsection 2(1). (entité de radiodiffusion) Commission means the Canadian Radio-television and Telecommunications Commission. (Conseil) employee means a person employed by a regulated entity referred to in paragraph 7(1)(e) or (f) of the Act and includes a dependent contractor, as defined in subsection 3(1) of the Canada Labour Code, but does not include (a) a person employed under a program designated by the employer as a student employment program; and (b) a student employed solely during their vacation periods. (employé) regulated broadcasting entity means a broadcasting entity in respect of which a day has been fixed under section 3. (entité de radiodiffusion réglementée) regulated telecommunications entity means a telecommunications entity in respect of which a day has been fixed under section 19. (entité de télécommunication réglementée) telecommunications entity means an entity or person that is a member of one of the classes established under subsection 18(1). (entité de télécommunication) WCAG means the Web Content Accessibility Guidelines, published by the World Wide Web Consortium, as amended from time to time. (WCAG) Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations Interpretation Sections 1-2 Interpretation of document incorporated by reference (2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages. PART 1 Broadcasting Entities Classes Classes — broadcasting entity 2 (1) For the purposes of this Part, the following classes are established: (a) Class B1 is a class that consists of every regulated entity referred to in any of paragraphs 7(1)(a) to (c) of the Act that carries on a broadcasting undertaking; (b) Class B2 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and is not a member of any other class; (c) Class B3 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and has submitted an attestation to the Commission that it has 10 or more employees but fewer than 100 employees; (d) Class B4 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and has submitted an attestation to the Commission that it has fewer than 10 employees. Deemed class (2) If a regulated broadcasting entity submits an attestation that it employs a quantity of employees that qualifies it as a member of a particular class, that entity is deemed to have always been a member of that class and has the obligations of entities in that class. Obligations before deemed change (3) Despite subsection (2), if a regulated broadcasting entity published an accessibility plan while it was a member of a particular class, it must fulfill its obligations relating to the feedback process and progress report with Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Classes Sections 2-5 respect to that accessibility plan as though it were still a member of that class. Day fixed — broadcasting entity 3 (1) Subject to subsection (2), for the purposes of subsection 42(1) of the Act, the day fixed is (a) in respect of a Class B1 regulated entity, June 1, 2022; (b) in respect of a Class B2 regulated entity, June 1, 2022; and (c) in respect of a Class B3 regulated entity, June 1, 2023. New broadcasting entity (2) If an entity or person qualifies as a Class B1, Class B2 or Class B3 broadcasting entity on a day after the day fixed under subsection (1) for that class, the day fixed for the purposes of subsection 42(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified. Accessibility Plans Form 4 A regulated broadcasting entity must include a header in its accessibility plan for each element of the plan that is required under subsections 42(1), (5) and (9) of the Act. Publication of accessibility plan 5 A regulated broadcasting entity must electronically publish its most recent accessibility plan in clear, simple and concise language (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; (b) in a conspicuous manner that makes the plan accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG. Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Accessibility Plans Sections 6-8 Publication of updated accessibility plan 6 A regulated broadcasting entity must prepare and publish an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last required to be published. Notice to Commission 7 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of each version of its accessibility plan within 48 hours of publication and include in the notice a hyperlink to the URL of the plan. Alternative formats 8 (1) A person may make a request that a regulated broadcasting entity make its accessibility plan available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement. Form and manner of request (2) The request must be made (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of requests. Response time (3) The regulated broadcasting entity must make its accessibility plan available to the person in the requested format as soon as feasible after the request is received, but at the latest, (a) in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received; and Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Accessibility Plans Sections 8-9 (b) in the case of a request for a plan in any other format, (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received. Feedback Feedback process 9 (1) For the purposes of subsection 43(1) of the Act, a regulated broadcasting entity must allow the receipt of feedback that is provided (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of feedback; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of feedback; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of feedback. Anonymous feedback (2) The regulated broadcasting entity must allow feedback to be provided anonymously. Person designated to receive feedback (3) The regulated broadcasting entity must designate and publicly identify a person to be responsible for receiving feedback on behalf of the entity. Acknowledgement of feedback (4) The regulated broadcasting entity must acknowledge receipt of feedback, other than anonymous feedback. Confidentiality (5) Subject to the Personal Information Protection and Electronic Documents Act and the Privacy Act, the Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Feedback Sections 9-11 regulated broadcasting entity must ensure that the personal information of a person who provides feedback remains confidential, unless the person consents to the disclosure of their personal information. Publication of feedback process 10 (1) A regulated broadcasting entity must, for the purposes of subsection 43(2) of the Act, electronically publish a description of its process for receiving feedback, in clear, simple and concise language (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; (b) in a conspicuous manner that makes the description accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG. Time limit for publication (2) The regulated broadcasting entity must publish the description of its feedback process before the end of the day fixed under section 3 in respect of that entity. Updated feedback process (3) If the regulated broadcasting entity updates its feedback process, it must publish an updated description of its feedback process in the manner set out in subsection (1) as soon as feasible. Alternative formats 11 (1) A person may make a request that a regulated broadcasting entity make the description of its feedback process available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement. Form and manner of request (2) The request must be made (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Feedback Sections 11-13 telephone number designated by the entity for the receipt of requests; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of requests. Response time (3) The regulated broadcasting entity must make the description of its feedback process available to the person in the requested format as soon as feasible after the request is received, but at the latest, (a) in the case of a request for a description in braille or an audio format, on the 45th day after the day on which the request is received; and (b) in the case of a request for a description in any other format, (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received. Notice to Commission 12 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of the description of its feedback process or the publication of an updated description of its feedback process within 48 hours of publication and include in the notice a hyperlink to the URL of the description or updated description. Progress Report Form 13 A regulated broadcasting entity must include a header in its progress report for each element set out in subsections 42(1) and 44(4) and (5) of the Act. Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Progress Report Sections 14-15 Publication of progress report 14 A regulated broadcasting entity must, for the purposes of subsection 44(1) of the Act, electronically publish its most recent progress report in clear, simple and concise language (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; (b) in a conspicuous manner that makes the progress report accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG. Alternative formats 15 (1) A person may make a request that a regulated broadcasting entity make its progress report available to the person in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement. Form and manner of request (2) The request must be made (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of requests. Response time (3) The regulated broadcasting entity must make its progress report available to the person in the requested Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 1 Broadcasting Entities Progress Report Sections 15-18 format as soon as feasible after the request is received but, at the latest, (a) in the case of a request for a progress report in braille or an audio format, on the 45th day after the day on which the request is received; and (b) in the case of a request for a progress report in any other format, (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received. Time limit for publication 16 A regulated broadcasting entity must publish a progress report by June 1 in each year in which it is not required to publish an accessibility plan. Notice to Commission 17 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of its progress report within 48 hours of publication and include in the notice a hyperlink to the URL of the report. PART 2 Telecommunications Entities Classes Classes — telecommunications entity 18 (1) For the purposes of this Part, the following classes are established: (a) Class T1 is a class that consists of every regulated entity referred to in any of paragraphs 7(1)(a) to (c) of the Act that is a Canadian carrier or telecommunications service provider; (b) Class T2 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a Canadian carrier or telecommunications service provider and is not a member of any other class; (c) Class T3 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a Canadian carrier or telecommunications service provider and has submitted an attestation to the Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Classes Sections 18-19 Commission that it has 10 or more employees but fewer than 100 employees, other than an entity that is a member of Class T5; (d) Class T4 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a Canadian carrier or telecommunications service provider and has submitted an attestation to the Commission that it has fewer than 10 employees, other than an entity that is a member of Class T5; (e) Class T5 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a telecommunications service provider whose telecommunications service is limited to (i) a service that is offered without an explicit charge, (ii) a service that is offered on a temporary basis only to individuals located on the entity’s premises, or (iii) a service that does not allow individuals to engage autonomously in two-way voice telecommunications or to access the Internet autonomously. Deemed class (2) If a regulated telecommunications entity submits an attestation that it employs a quantity of employees that qualifies it as a member of a particular class, that entity is deemed to have always been a member of that class and has the obligations of entities in that class. Obligations before deemed change (3) Despite subsection (2), if a regulated telecommunications entity published an accessibility plan while it was a member of a particular class, it must fulfill its obligations relating to the feedback process and progress report with respect to that accessibility plan as though it were still a member of that class. Day fixed — telecommunications entity 19 (1) Subject to subsection (2), for the purposes of subsection 51(1) of the Act, the day fixed is (a) in respect of a Class T1 regulated entity, June 1, 2022; (b) in respect of a Class T2 regulated entity, June 1, 2022; and Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Classes Sections 19-23 (c) in respect of a Class T3 regulated entity, June 1, 2023. New telecommunications entity (2) If an entity or person qualifies as a Class T1, Class T2 or Class T3 telecommunications entity on a day after the day fixed under subsection (1) for that class, the day fixed for the purposes of subsection 51(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified. Accessibility Plans Form 20 A regulated telecommunications entity must include a header in its accessibility plan for each element of the plan that is required under subsections 51(1), (5) and (9) of the Act. Publication of accessibility plan 21 A regulated telecommunications entity must electronically publish its most recent accessibility plan in clear, simple and concise language (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; (b) in a conspicuous manner that makes the plan accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG. Publication of updated accessibility plan 22 A regulated telecommunications entity must prepare and publish an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last required to be published. Notice to Commission 23 A regulated telecommunications entity must, by electronic means, notify the Commission of the publication of each version of its accessibility plan within 48 hours of publication and include in the notice a hyperlink to the URL of the plan. Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Accessibility Plans Section 24 Alternative formats 24 (1) A person may make a request that a regulated telecommunications entity make its accessibility plan available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement. Form and manner of request (2) The request must be made (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of requests. Response time (3) The regulated telecommunications entity must make its accessibility plan available to the person in the requested format as soon as feasible after the request is received, but at the latest, (a) in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received; and (b) in the case of a request for a plan in any other format, (i) for Class T1 and T2 regulated entities, on the 15th day after the day on which the request is received, and (ii) for Class T3 regulated entities, on the 20th day after the day on which the request is received. Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Feedback Sections 25-26 Feedback Feedback process 25 (1) For the purposes of subsection 52(1) of the Act, a regulated telecommunications entity must allow the receipt of feedback that is provided (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of feedback; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of feedback; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of feedback. Anonymous feedback (2) The regulated telecommunications entity must allow feedback to be provided anonymously. Person designated to receive feedback (3) The regulated telecommunications entity must designate and publicly identify a person to be responsible for receiving feedback on behalf of the entity. Acknowledgement of feedback (4) The regulated telecommunications entity must acknowledge receipt of feedback, other than anonymous feedback. Confidentiality (5) Subject to the Personal Information Protection and Electronic Documents Act and the Privacy Act, the regulated telecommunications entity must ensure that the personal information of a person who provides feedback remains confidential, unless the person consents to the disclosure of their personal information. Publication of feedback process 26 (1) A regulated telecommunications entity must, for the purposes of subsection 52(2) of the Act, electronically Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Feedback Sections 26-27 publish a description of its process for receiving feedback, in clear, simple and concise language (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; (b) in a conspicuous manner that makes the description accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG. Time limit for publication (2) The regulated telecommunications entity must publish the description of its feedback process before the end of the day fixed under section 19 in respect of that entity. Updated feedback process (3) If the regulated telecommunications entity updates its feedback process, it must publish an updated description of its feedback process in the manner set out in subsection (1) as soon as feasible. Alternative formats 27 (1) A person may make a request that a regulated telecommunications entity make the description of its feedback process available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement. Form and manner of request (2) The request must be made (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Feedback Sections 27-30 operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of requests. Response time (3) The regulated telecommunications entity must make the description of its feedback process available to the person in the requested format as soon as feasible after the request is received but, at the latest, (a) in the case of a request for a description in braille or an audio format, on the 45th day after the day on which the request is received; and (b) in the case of a request for a description in any other format, (i) for Class T1 and T2 regulated entities, on the 15th day after the day on which the request is received, and (ii) for Class T3 regulated entities, on the 20th day after the day on which the request is received. Notice to Commission 28 A regulated telecommunications entity must, by electronic means, notify the Commission of the publication of the description of its feedback process or the publication of an updated description of its feedback process within 48 hours of publication and include in the notice a hyperlink to the URL of the description or updated description. Progress Report Form 29 A regulated telecommunications entity must include a header in its progress report for each element set out in subsections 51(1) and 53(4) and (5) of the Act. Publication of progress report 30 A regulated telecommunications entity must, for the purposes of subsection 53(1) of the Act, electronically publish its most recent progress report in clear, simple and concise language (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Progress Report Sections 30-31 (b) in a conspicuous manner that makes the progress report accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG. Alternative formats 31 (1) A person may make a request that a regulated telecommunications entity make its progress report available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement. Form and manner of request (2) The request must be made (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests; (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests; (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or (d) by any other means that is designated by the entity for the receipt of requests. Response time (3) The regulated telecommunications entity must make its progress report available to the person in the requested format as soon as feasible after the request is received but, at the latest, (a) in the case of a request for a progress report in braille or an audio format, on the 45th day after the day on which the request is received; and (b) in the case of a request for a progress report in any other format, Current to June 20, 2022 Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations PART 2 Telecommunications Entities Progress Report Sections 31-34 (i) for Class T1 and T2 regulated entities, on the 15th day after the day on which the request is received, and (ii) for Class T3 regulated entities, on the 20th day after the day on which the request is received. Time limit for publication 32 A regulated telecommunications entity must publish a progress report by June 1 in each year in which it is not required to publish an accessibility plan. Notice to Commission 33 A regulated telecommunications entity must, by electronic means, notify the Commission of the publication of its progress report within 48 hours of publication and include in the notice a hyperlink to the URL of the report. Coming into Force Registration 34 These Regulations come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION CETA Rules of Origin for Casual Goods Regulations SOR/2017-176 Current to June 20, 2022 Last amended on September 21, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on September 21, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on September 21, 2017 TABLE OF PROVISIONS CETA Rules of Origin for Casual Goods Regulations Interpretation Casual Goods *3 Coming into Force Current to June 20, 2022 Last amended on September 21, 2017 ii Registration SOR/2017-176 September 1, 2017 CUSTOMS TARIFF CETA Rules of Origin for Casual Goods Regulations P.C. 2017-1125 August 31, 2017 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CETA Rules of Origin for Casual Goods Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on September 21, 2017 CETA Rules of Origin for Casual Goods Regulations Interpretation 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Casual Goods 2 Casual goods that are acquired in an EU country or other CETA beneficiary are considered to originate in that country and are entitled to the benefit of the Canada-European Union Tariff if (a) the marking of the goods is in accordance with the marking laws of an EU country or other CETA beneficiary and indicates that the goods are the product of an EU country or other CETA beneficiary or of Canada; or (b) the goods do not bear a mark and nothing indicates that the goods are neither the product of an EU country or other CETA beneficiary nor the product of Canada. Coming into Force 3 These Regulations come into force on the day on which section 97 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, chapter 6 of the Statutes of Canada, 2017, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force September 21, 2017, see SI/ 2017-47.] * Current to June 20, 2022 Last amended on September 21, 2017
CONSOLIDATION Clyde River Airport Zoning Regulations SOR/2012-97 Current to June 20, 2022 Last amended on April 2, 2013 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 2, 2013. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 2, 2013 TABLE OF PROVISIONS Clyde River Airport Zoning Regulations Interpretation 1 Definitions Application 2 Lands near airport Building Restrictions 3 Prohibition — maximum height Interference with Communication 4 Prohibition — interference Natural Growth 5 Prohibition — maximum height Wildlife Hazard 6 Prohibition — activities or uses Coming into Force *7 Requirements — s. 5.6(2) of Aeronautics Act SCHEDULE Current to June 20, 2022 Last amended on April 2, 2013 ii Registration SOR/2012-97 May 4, 2012 AERONAUTICS ACT Clyde River Airport Zoning Regulations P.C. 2012-609 May 3, 2012 Whereas, pursuant to subsection 5.5(1)a of the Aeronautics Actb, a notice of the proposed Clyde River Airport Zoning Regulations was published in two successive issues of the Nunatsiaq News on February 10 and February 17, 2012, a copy of the proposed Regulations, substantially in the annexed form, was published in two successive issues of the Canada Gazette, Part I, on March 19 and March 26, 2011, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations; Whereas a purpose of the proposed Regulations is to prevent lands adjacent to or in the vicinity of Clyde River Airport from being used or developed in a manner that is, in the opinion of the Minister of Transport, incompatible with the safe operation of an airport or aircraft; And whereas a purpose of the proposed Regulations is to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister of Transport, cause interference with signals or communications to and from aircraft or to and from those facilities; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 5.4(2)(b)a and (c)a of the Aeronautics Actb, hereby makes the annexed Clyde River Airport Zoning Regulations. a R.S., c. 33 (1st Supp.), s. 1 b R.S., c. A-2 Current to June 20, 2022 Last amended on April 2, 2013 Clyde River Airport Zoning Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. airport means the Clyde River Airport, in the vicinity of Clyde River, in Nunavut. (aéroport) airport reference point means the point described in Part 1 of the schedule. (point de référence de l’aéroport) approach surface means an imaginary inclined surface that extends upward and outward from each end of the strip surface and that is described in Part 2 of the schedule. (surface d’approche) outer surface means the imaginary surface that is located above and in the immediate vicinity of the airport and that is described in Part 3 of the schedule. (surface extérieure) strip surface means the imaginary surface that is associated with the airport runway and that is described in Part 4 of the schedule. (surface de bande) transitional surface means an imaginary inclined surface that extends upward and outward from the lateral limits of the strip surface and its approach surfaces and that is described in Part 5 of the schedule. (surface de transition) zoning plan means Plan No. E 3264, prepared by the Department of Public Works and Government Services and dated December 1, 2008. (plan de zonage) Application Lands near airport 2 These Regulations apply in respect of all lands that are adjacent to or in the vicinity of the airport within the limit described in Part 6 of the schedule. For greater certainty, the lands include lands under water and public road allowances. Current to June 20, 2022 Last amended on April 2, 2013 Clyde River Airport Zoning Regulations Building Restrictions Sections 3-6 Building Restrictions Prohibition — maximum height 3 A person must not place, erect or construct, or permit another person to place, erect or construct, on any of the lands, a building, structure or object, or an addition to an existing building, structure or object, any part of which would penetrate any of the following surfaces: (a) an approach surface; (b) the outer surface; or (c) a transitional surface. Interference with Communication Prohibition — interference 4 A person must not use or develop, or permit another person to use or develop, any of the lands that are under the outer surface in a manner that causes interference with any signal or communication to and from an aircraft or to and from any facility used to provide services relating to aeronautics. Natural Growth Prohibition — maximum height 5 A person must not permit any object of natural growth that is on any of the lands to grow in such a manner as to penetrate any of the following surfaces: (a) an approach surface; (b) the outer surface; or (c) a transitional surface. Wildlife Hazard Prohibition — activities or uses 6 (1) A person must not use or permit another person to use any of the lands for activities or uses that attract wildlife — particularly birds — that may create a hazard for aviation safety. Exception (2) Despite subsection (1), a person may use or permit another person to use any of the lands as a site for an Current to June 20, 2022 Last amended on April 2, 2013 Clyde River Airport Zoning Regulations Wildlife Hazard Sections 6-7 open water storage reservoir for a period of 48 hours or less. Coming into Force Requirements — s. 5.6(2) of Aeronautics Act 7 These Regulations come into force on the day on which the requirements prescribed in subsection 5.6(2) of the Aeronautics Act are met. * * [Note: Regulations in force April 2, 2013.] Current to June 20, 2022 Last amended on April 2, 2013 Clyde River Airport Zoning Regulations SCHEDULE SCHEDULE (Sections 1 and 2) In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North American Datum, Zone 19, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using a combined average scale factor of 0.999600. In this schedule, all elevation values are in metres (m) and are based on the Canadian Geodetic Vertical Datum (CGVD28). PART 1 Airport Reference Point The airport reference point, as shown on the zoning plan, is the geometric centre of the runway thresholds, at grid coordinates 7 820 133.667 N, 518 008.083 E (latitude 70°29′09″ N, longitude 68°31′01″ W). It is located on the centre line of the strip surface at a distance of 595.48 m from the end of the strip surface associated with runway 02-20, and its assigned elevation is 27.96 m above sea level. PART 2 Approach Surfaces The approach surfaces, as shown on the zoning plan, are described as follows: (a) an imaginary inclined surface abutting the end of the strip surface associated with runway approach 02 and ascending, from an assigned elevation of 27.69 m above sea level, at a ratio of 1 m measured vertically to 30 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of the strip surface and distant 2 500 m measured horizontally from the end of the strip surface; the outer ends of the imaginary horizontal line being 295 m from the projected centre line and 83.33 m above the assigned elevation at the end of the strip surface associated with runway approach 02; and (b) an imaginary inclined surface abutting the end of the strip surface associated with runway approach 20 and ascending, from an assigned elevation of 28.70 m above sea level, at a ratio of 1 m measured vertically to 30 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of the strip surface and distant 2 500 m measured horizontally from the end of the strip surface; the outer ends of the imaginary horizontal line being 295 m from the projected centre line and 83.33 m above the assigned elevation at the end of the strip surface associated with runway approach 20. The elevation of an approach surface at any point is equal to the elevation of the nearest point on the centre line of that approach surface. The elevation of an approach surface centre line is calculated from the elevation of the abutting end of the Current to June 20, 2022 Last amended on April 2, 2013 Clyde River Airport Zoning Regulations SCHEDULE strip surface, and increases at the constant ratios set out in this Part. PART 3 Outer Surface The outer surface, as shown on the zoning plan, is an imaginary surface extending outward from the airport reference point to a radius of 4 000 m. It is situated at a constant elevation of 45 m above the airport reference point, but at 9 m above the ground when that elevation would place the outer surface at less than 9 m above the ground. PART 4 Strip Surface The elevation of a strip surface at any point is equal to the elevation of the nearest point on the centre line of that strip surface. The elevation of the strip surface centre line between the strip surface end and the closest strip surface threshold is equal to the elevation of the strip surface end. The strip surface centre line between the strip surface thresholds is divided into segments, each of which has a slope that increases or decreases at the constant ratio set out in Column 7 of the table to this Part. The elevation of any point along a segment is calculated using the data set out in that table. The strip surface, as shown on the zoning plan, is an imaginary rectangular surface described as follows: the strip surface associated with runway 02-20 is 90 m in total width, being 45 m on either side of the centre line of the runway. The strip surface commences 60 m to the southwest of threshold 02 and ends 60 m to the northeast of threshold 20, having a total length of 1 190.96 m. The 02 end of the strip surface has an assigned elevation of 27.69 m and the 20 end of the strip surface has an assigned elevation of 28.70 m. The azimuth of the centre line of runway 02-20 is N 17°30′47″ E. Threshold 02 has grid coordinates of 7 819 623.21 N and 517 847.01 E, and threshold 20 has grid coordinates of 7 820 644.12 N and 518 169.16 E. DATA FOR CALCULATING ELEVATION BETWEEN THRESHOLDS ALONG CEN Column 1 Column 2 Column 3 Column 4 Segment Starting point of segment Assigned elevation of starting point (m) End point of seg Threshold 02 27.69 Intermediate po Intermediate point A 27.96 Threshold 20 DONNÉES SERVANT AU CALCUL DE L’ALTITUDE ENTRE LES SEUILS LE LONG Colonne 1 Colonne 2 Colonne 3 Colonne 4 Segment Point de départ du segment Altitude attribuée du point de départ (m) Point d’arrivée d segment Seuil 02 27,69 Point intermédi Current to June 20, 2022 Last amended on April 2, 2013 Clyde River Airport Zoning Regulations SCHEDULE Colonne 1 Colonne 2 Colonne 3 Colonne 4 Segment Point de départ du segment Altitude attribuée du point de départ (m) Point d’arrivée d segment Point intermédiaire A 27,96 Seuil 20 PART 5 Transitional Surfaces Each transitional surface, as shown on the zoning plan, is an imaginary inclined surface ascending at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and projected centre line of the strip surface, extending upward and outward from the lateral limits of the strip surface and its approach surfaces to the intersection with the outer surface. The elevation of a point on the lower edge of a transitional surface abutting a strip surface is equal to the elevation of the nearest point on the centre line of the abutting strip surface. The elevation of a point on the lower edge of a transitional surface abutting an approach surface is equal to the elevation of the nearest point on the centre line of the abutting approach surface. PART 6 Limit of Area Containing Lands to Which These Regulations Apply The limit of the area containing the lands to which these Regulations apply is defined by a circle with a radius of 4 000 m centred on the airport reference point, as shown on the zoning plan. Current to June 20, 2022 Last amended on April 2, 2013
CONSOLIDATION Competition Tribunal Rules [Repealed, SOR/2008-141, s. 141] Current to June 20, 2022 Last amended on May 1, 2008 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 1, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 1, 2008 TABLE OF PROVISIONS Rules for Regulating the Practice and Procedure of the Competition Tribunal Current to June 20, 2022 Last amended on May 1, 2008 ii
CONSOLIDATION Critical Habitat of the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus) Order SOR/2020-25 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2020-25 February 17, 2020 SPECIES AT RISK ACT Critical Habitat of the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus) Order Whereas the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, has consulted the wildlife management board in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus) Order. Ottawa, February 13, 2020 Bernadette Jordan Minister of Fisheries and Oceans a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Paxton Lake Benthic Threespine Stickleback (Gasterosteus aculeatus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations SOR/2009-257 Current to June 20, 2022 Last amended on March 16, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 16, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 16, 2020 TABLE OF PROVISIONS Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Interpretation Application Minimum Grace Period for New Purchases Allocation of Payments Over-the-limit Fees Due to Holds Consent for Increases in Credit Limits and to Provide Credit Card Cheques to Borrower Debt Collection Practices Coming into Force Current to June 20, 2022 Last amended on March 16, 2020 ii Registration SOR/2009-257 September 9, 2009 BANK ACT COOPERATIVE CREDIT ASSOCIATIONS ACT INSURANCE COMPANIES ACT TRUST AND LOAN COMPANIES ACT Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations P.C. 2009-1528 September 9, 2009 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, hereby makes the annexed Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations, pursuant to (a) sections 458.3a and 575.1b of the Bank Actc; (b) section 385.252d of the Cooperative Credit Associations Acte; (c) sections 488.1f and 606.1g of the Insurance Companies Acth; and (d) section 443.2i of the Trust and Loan Companies Actj. a S.C. 2009, c. 2, s. 271 b S.C. 2009, c. 2, s. 274 c S.C. 1991, c. 46 d S.C. 2009, c. 2, s. 278 e S.C. 1991, c. 48 f S.C. 2009, c. 2, s. 284 g S.C. 2009, c. 2, s. 286 h S.C. 1991, c. 47 i S.C. 2009, c. 2, s. 291 j S.C. 1991, c. 45 Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Interpretation 1 The following definitions apply in these Regulations. borrower means a person who holds a credit card or has applied to an institution to become a holder of a credit card. (emprunteur) credit agreement includes an agreement for a line of credit, a credit card or any kind of loan. (convention de crédit) credit card means a credit card issued to a natural person other than for business purposes. (carte de crédit) debtor means a natural person who has entered into a credit agreement with an institution other than for business purposes and who owes a debt to that institution. (débiteur) institution means any of the following: (a) a bank, as defined in section 2 of the Bank Act; (b) an authorized foreign bank, as defined in section 2 of the Bank Act; (c) a retail association, as defined in section 2 of the Cooperative Credit Associations Act; (d) a company, as defined in subsection 2(1) of the Insurance Companies Act; (e) a foreign company, as defined in subsection 2(1) of the Insurance Companies Act; (f) a company, as defined in section 2 of the Trust and Loan Companies Act. (institution) Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Application Sections 2-4 Application 2 These Regulations apply to institutions, to the affiliates that they control and to the agents and representatives of those institutions and affiliates. Minimum Grace Period for New Purchases 3 (1) A statement of account in respect of a billing cycle for a credit card must be sent by an institution to the borrower after the last day of that billing cycle. (2) An institution may not require a minimum payment in respect of the outstanding balance owing on a credit card account for a particular billing cycle to be made by the borrower on a day earlier than 21 days after the last day of that billing cycle. (3) If the due date for a minimum payment in respect of the outstanding balance owing on a credit card account falls on a Saturday or a holiday, the institution must consider a payment made on the next business day as being made on time. (4) An institution may not charge interest on purchases of goods or services made on a credit card during a particular billing cycle if the borrower pays the outstanding balance owing on the credit card account in full on or before the due date. SOR/2020-47, s. 13. Allocation of Payments 4 (1) If different interest rates apply to different amounts owing for a particular billing cycle on a credit card account, the institution must allocate any payment made by the borrower that is greater than the required minimum payment for that billing cycle among those amounts using one of the following methods: (a) by allocating that payment first to the amount with the highest interest rate and then allocating any remaining portion of the payment to the other amounts in descending order, based on their applicable interest rates; or (b) by allocating that payment among those amounts in the same proportion as each amount bears to the outstanding balance owing on the credit card account. (2) For the purpose of paragraph (1)(b), if the payment that the institution allocates to an amount owing on a credit card account contains a fraction of a dollar, the Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Allocation of Payments Sections 4-6.1 institution may round up that amount to the nearest dollar if the fraction of the dollar is equal to or more than 50 cents, round down that amount to the nearest dollar if the fraction is less than 50 cents and, if necessary, make corresponding adjustments to the other amounts that are being allocated. Over-the-limit Fees Due to Holds 5 (1) Subject to subsection (2), an institution may not charge a borrower an amount for surpassing their credit limit as a result of a hold on their credit card. (2) Subsection (1) does not apply if the borrower would, in any case, have surpassed the credit limit during the period in which the hold was in effect. Consent for Increases in Credit Limits and to Provide Credit Card Cheques to Borrower 6 (1) An institution may not increase the credit limit on a borrower’s credit card account without first obtaining the borrower’s express consent to do so. (2) If the borrower’s consent to the increase is given orally, the institution must, not later than the date of the first statement of account that is provided after the date of that consent, provide confirmation of that consent to the borrower in writing, in paper or electronic form. (3) [Repealed, SOR/2012-188, s. 1] SOR/2012-188, s. 1. 6.1 (1) An institution must not provide credit card cheques to a borrower issued on a credit card account without first obtaining the borrower’s express consent to do so. (2) If the borrower’s consent to receive credit card cheques is given orally, the institution must, not later than the date of the first statement of account that is provided after the date of that consent, provide confirmation of that consent to the borrower in writing, in paper or electronic form. SOR/2012-188, s. 2. Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Consent for Increases in Credit Limits and to Provide Credit Card Cheques to Borrower Sections 6.2-7 6.2 The use of any service related to the credit card account by the borrower, including the simple use of the credit card, does not constitute express consent for the purpose of sections 6 and 6.1. SOR/2012-188, s. 2. Debt Collection Practices 7 (1) An institution that communicates with a debtor in order to collect payment of a debt from the debtor must inform them of the following information: (a) the details of the debt, such as the amount owed and the type of debt; and (b) the identity of, or a unique identifier for, any person who is attempting to collect the payment on behalf of the institution and their relationship with the institution. (2) An institution may not communicate or attempt to communicate with a debtor, any member of a debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor or the debtor’s employer by any means, or in any manner or with a frequency that constitutes harassment, including: (a) the use of threatening, profane, intimidating or coercive language; (b) the use of undue pressure; or (c) making public, or threatening to make public, a debtor’s failure to pay. (3) Except for the sole purpose of obtaining a debtor’s address or telephone number, an institution may not contact or attempt to contact any member of the debtor’s family or household or any relative, neighbour, friend or acquaintance of the debtor unless (a) that person has guaranteed to pay the debt and is being contacted in relation to that guarantee; or (b) the debtor has given their express consent. (4) If the consent referred to in paragraph (3)(b) is given orally by the debtor, the institution must provide confirmation of that consent to the debtor in writing, in paper or electronic form. (5) Unless otherwise authorized in writing by the debtor, an institution may contact a debtor’s employer solely for the purpose of confirming that the debtor is employed, Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Debt Collection Practices Section 7 the nature of their employment and their business title and business address. (6) An institution may not contact a debtor at the debtor’s place of employment unless (a) the institution does not have the home address or home telephone number of the debtor; (b) attempts by the institution to contact the debtor at their home telephone number have failed; or (c) the institution obtains written authorization from the debtor to do so. (7) Except with the written consent of the debtor, an institution may not contact a debtor, any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor or the debtor’s employer or guarantor (a) on a Sunday, except between the hours of 1:00 p.m. and 5:00 p.m. local time for the person being contacted; (b) on any other holiday; or (c) on any other day, except between the hours of 7:00 a.m. and 9:00 p.m. local time for the person being contacted. (8) Except if the debtor or any other person referred to in subsection (7) has provided a cellular telephone number as a contact number, an institution may not knowingly communicate or attempt to communicate with the debtor or that person for the purpose of collecting, negotiating or demanding payment of a debt by a means that renders the charges or costs incurred for the communication payable by the debtor or that person, as the case may be. (9) An institution that has communicated with a debtor in respect of the collection of a debt may not communicate with the debtor again in the course of that collection (a) by a means other than in writing, if the debtor makes a written request by registered mail to the institution to communicate with the debtor only in writing in that regard and provides an address at which they may be contacted; (b) by a means other than through the debtor’s legal advisor, if the debtor makes a written request to the institution to communicate with the debtor in that regard only through the debtor’s legal advisor and provides a telephone number and an address for the legal advisor; or Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Debt Collection Practices Sections 7-8 (c) without the debtor’s consent, if the debtor notifies the institution by registered mail that the debt is in dispute and that they intend to take the matter before a dispute resolution body or that they are prepared for the institution to take the matter to court. (10) An institution may not misrepresent the purpose of a communication in respect of the collection of a debt with any person or give, directly or indirectly, by implication or otherwise, any false or misleading information in the course of that communication. (11) Despite any agreement to the contrary between a debtor and an institution, any charges made or incurred by the institution in collecting a debt, other than charges referred to in section 18 of any of the following regulations, are not considered to be a part of the amount owing by the debtor and may not be recovered from the debtor by the institution: (a) Cost of Borrowing (Banks) Regulations; (b) Cost of Borrowing (Authorized Foreign Banks) Regulations; (c) Cost of Borrowing (Trust and Loan Companies) Regulations; (d) Cost of Borrowing (Retail Associations) Regulations; (e) Cost of Borrowing (Canadian Insurance Companies) Regulations; and (f) Cost of Borrowing (Foreign Insurance Companies) Regulations. (12) An institution may not collect or attempt to collect payment in respect of a debt from any person who is not liable for the debt. (13) An institution may not directly or indirectly threaten or state an intention to proceed with any legal action if it does not actually intend to do so. (14) An institution may not, for the purpose of attempting to collect a debt, use any document that falsely purports to originate from any court within or outside Canada. SOR/2016-142, s. 4(F); SOR/2020-47, s. 14. Coming into Force 8 (1) These Regulations, except sections 3 and 4, come into force on January 1, 2010. Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations Coming into Force Section 8 (2) Sections 3 and 4 come into force on September 1, 2010. Current to June 20, 2022 Last amended on March 16, 2020 Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2021-181, s. 105 105 The title of the Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations4 is replaced by the following: Credit Business Practices (Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations — SOR/2021-181, s. 106 106 Paragraphs (a) and (b) of the definition institution in section 1 of the Regulations are repealed. — SOR/2021-181, s. 107 107 Paragraphs 7(11)(a) and (b) of the Regulations are repealed. SOR/2009-257 Current to June 20, 2022 Last amended on March 16, 2020
CONSOLIDATION Crewing Regulations [Repealed, SOR/2007-115, s. 401] Current to June 20, 2022 Last amended on July 1, 2007 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2007. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2007 TABLE OF PROVISIONS Crewing Regulations Current to June 20, 2022 Last amended on July 1, 2007 ii
CONSOLIDATION Carriages and Strollers Regulations SOR/2016-167 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Carriages and Strollers Regulations Interpretation 1 Definitions Specifications 2 Prohibited substances Shearing or pinching Stability — carriage or stroller Braking device — general Child restraint system — stroller Latching system — carriage or stroller that folds Structural integrity Wheel integrity Parts — wood or plastic Small parts Openings Additional requirement — convertible carriage-stroller Information 14 Information — general Packaging Repeal Coming into Force 17 Registration SCHEDULE 1 Inclined Plane Stability Testing SCHEDULE 2 Horizontal Plane Stability Testing for Strollers Current to June 20, 2022 ii Carriages and Strollers Regulations TABLE OF PROVISIONS SCHEDULE 3 Braking Device Testing SCHEDULE 4 Child Restraint System Testing SCHEDULE 5 Latching System Testing SCHEDULE 6 Structural Integrity Testing SCHEDULE 7 Wheel Integrity Testing SCHEDULE 8 Small Parts Cylinder SCHEDULE 9 Dummy for Testing Purposes Current to June 20, 2022 iv Registration SOR/2016-167 June 22, 2016 CANADA CONSUMER PRODUCT SAFETY ACT Carriages and Strollers Regulations P.C. 2016-594 June 21, 2016 His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety Acta, makes the annexed Carriages and Strollers Regulations. a S.C. 2010, c. 21 Current to June 20, 2022 Carriages and Strollers Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. carriage means a wheeled vehicle that is designed to transport a child in a reclined or horizontal position, and that cannot be adjusted to the seated position. (landau) convertible carriage-stroller means a wheeled vehicle that is designed to be converted to function as a carriage or as a stroller. (poussette-landau) stroller means a wheeled vehicle that is designed to transport a child in a seated position, and includes a convertible carriage-stroller in the stroller position. (poussette) Specifications Prohibited substances 2 (1) A carriage or stroller must not contain any of the substances set out in section 22 or 23 of the Toys Regulations. Toxic substance (2) Any carriage or stroller that contains a toxic substance must comply with section 25 of the Toys Regulations in relation to that substance. Shearing or pinching 3 Every carriage or stroller must preclude injury from shearing or pinching. Stability — carriage or stroller 4 (1) Every carriage or stroller must, when tested in accordance with Schedule 1, remain in the manufacturer’s recommended use position and, (a) in the case where its wheels are mounted as sets of two or more, at least one wheel of each set must be in contact with the test plane; or (b) in any other case, all wheels must be in contact with the test plane. Current to June 20, 2022 Carriages and Strollers Regulations Specifications Sections 4-6 Stability — stroller (2) Every stroller must, when tested in accordance with Schedule 2, remain in the manufacturer’s recommended position for use as a stroller and, (a) in the case where the wheels of the stroller are mounted as sets of two or more, at least one wheel of each set must be in contact with the test plane; or (b) in any other case, all wheels must be in contact with the test plane. Braking device — general 5 (1) Every carriage or stroller must be equipped with a braking device that meets the following requirements: (a) if the braking device acts on the tires, it must be self-adjusting or capable of simple adjustment to compensate for the wear on the tires; and (b) when tested in accordance with Schedule 3, the braking device must (i) remain engaged, (ii) prevent any braked wheel from rotating more than 90° about the horizontal axis, and (iii) prevent the carriage or stroller from moving, except within the limit set out in subparagraph (ii). Braking device — stroller (2) Every stroller must be equipped with a braking device that cannot be disengaged by the hand action or other motion of a child who is restrained in the stroller. Child restraint system — stroller 6 Every seating unit of a stroller must be equipped with a child restraint system that meets the following requirements: (a) it must be permanently attached to the frame or upholstery of the stroller; (b) its anchorages must not break or become detached from their attachment point when tested in accordance with Schedule 4; Current to June 20, 2022 Carriages and Strollers Regulations Specifications Sections 6-9 (c) it must consist of a lap belt and an additional restraint to prevent the child from sliding downward; and (d) the fastener of the lap belt must not loosen more than 15 mm or break when tested in accordance with Schedule 4. Latching system — carriage or stroller that folds 7 (1) Every carriage or stroller that folds must be equipped with a latching system that meets the following requirements: (a) it must remain latched in the manufacturer’s recommended use position when tested in accordance with item 1 of Schedule 5; (b) it must require positive action on the part of the user to permit folding; (c) it must have a latching device or other design feature that prevents the carriage or stroller from accidentally folding when placed in the manufacturer’s recommended use position; and (d) it must have at least one safety device, independent of the latching device, that engages automatically and that requires positive action on the part of the user to unlatch it. Safety device (2) The safety device of the latching system must (a) prevent it from folding more than one-third of its total folding movement between the fully open and the fully closed position when tested in accordance with item 2 of Schedule 5; or (b) prevent the accidental release of the latching device. Structural integrity 8 A carriage or stroller must not have any visible signs of damage when tested in accordance with Schedule 6. Wheel integrity 9 The wheels of every carriage or stroller must not separate from it or suffer any loss of function when tested in accordance with Schedule 7. Current to June 20, 2022 Carriages and Strollers Regulations Specifications Sections 10-13 Parts — wood or plastic 10 (1) Every exposed part of a carriage or stroller that is made of wood or plastic must be free from cracks, burrs and other defects and be smoothly finished to eliminate rough or sharp edges, corners or points. Parts — metal (2) Every part of a carriage or stroller that is made of metal must be free from burrs, projections and sharp edges, corners or points. Metal tubing (3) Every cut edge of any metal tubing of a carriage or stroller that is accessible to the child must be protected by a cap that remains in place when it is subjected to a force of 90 N applied in any direction. Bolts (4) The threaded end of every bolt of a carriage or stroller must, if the end is accessible to the child, be covered by an acorn nut or a device that offers equivalent protection. Small parts 11 Every part of a carriage or stroller that is small enough to be totally enclosed in the small parts cylinder illustrated in Schedule 8 must be affixed to it so that the part does not become detached when it is subjected to a force of 90 N applied in any direction. Openings 12 Every open hole in a wooden, plastic or metal part, or a part of a similar material, of a carriage or stroller must, if the hole is accessible to the child, be of such size and shape that if it admits a probe of 5 mm in diameter, it will also admit a probe of 10 mm in diameter. Additional requirement — convertible carriage-stroller 13 In the case of a convertible carriage-stroller, the testing referred to in Schedules 1, 3, 5, 6 and 7 must be performed with the convertible carriage-stroller in the manufacturer’s recommended position for use as a carriage and also in the manufacturer’s recommended position for use as a stroller. Current to June 20, 2022 Carriages and Strollers Regulations Information Section 14 Information Information — general 14 (1) Every carriage or stroller must have indelibly printed on it or permanently affixed to it the following information, clearly and prominently displayed in letters and numerals not less than 2.5 mm in height: (a) the name and principal place of business of the manufacturer or the person for whom the carriage or stroller is made, in English and French; (b) its model name or model number, in English and French; and (c) its year and month of manufacture. Warnings (2) Every carriage or stroller must have indelibly printed on it or permanently affixed to it, in English and French, the following warnings, clearly and prominently displayed in characters not less than 2.5 mm in height: (a) that the child is never to be left in the carriage or stroller unattended; (b) that the child restraint system that is supplied with the carriage or stroller is to be used; and (c) that if a parcel bag other than one recommended by the manufacturer is used, the carriage or stroller may become unstable. Information (3) Every carriage or stroller must carry or be accompanied by legible written information that clearly states, in English and French, the following, with line drawings or photographs illustrating the sequence of steps if needed: (a) how it is to be assembled, if it is sold not fully assembled, and the manufacturer’s recommended use positions; (b) how it is to be folded and unfolded, if it is capable of being folded; (c) a warning that care must be taken when folding and unfolding it to prevent finger entrapment; (d) how to operate and adjust the braking device; (e) how the child restraint system is to be used; Current to June 20, 2022 Carriages and Strollers Regulations Information Sections 14-17 (f) the manufacturer’s recommended weight and height of the child; maximum (g) the maximum load the parcel bag or parcel rack can carry, if a parcel bag or a parcel rack, or both, is provided or there is provision for one or both; (h) a warning that the carriage or stroller will become unstable if the manufacturer’s recommended load is exceeded; (i) a warning that the carriage or stroller will become unstable if a parcel bag or parcel rack is used when there is no provision for one; and (j) how it is to be maintained and cleaned. Packaging 15 The packaging in which a carriage or stroller is sold must have indelibly printed on it or permanently affixed to it, in English and French, the information referred to in paragraphs 14(1)(a) and (b). Repeal 16 [Repeal] Coming into Force Registration 17 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 1 Inclined Plane Stability Testing SCHEDULE 1 (Subsection 4(1) and section 13) Inclined Plane Stability Testing 1 The following method is to be used for testing the stability of a carriage or stroller on an inclined plane: (a) place the carriage or stroller in the manufacturer’s recommended use position with the braking device not engaged and with all wheels in contact with a sheet of 19 mm plywood that is inclined 12° to the horizontal and of such a size that all of its wheels are at least 50 mm from any edge; (b) place the backrest of the carriage or stroller in the most upright use position, if it has an adjustable backrest; (c) place a dummy that meets the requirements set out in Schedule 9 in the centre of the seating unit and secure it using the child restraint system; (d) orient the carriage or stroller so that any two adjacent wheels or sets of wheels, in any combination, are in a line parallel to the horizontal; (e) if there is a parcel rack, leave it empty; (f) if there is or is provision for a parcel bag, place the manufacturer’s recommended load in the manufacturer’s recommended parcel bag; (g) place stops on the sheet of plywood against the wheels in a manner that will prevent the carriage or stroller from moving on the plane but will not prevent it from tipping; (h) note whether the carriage or stroller is still in the manufacturer’s recommended use position with all wheels in contact with the sheet of plywood; (i) turn the carriage or stroller clockwise by 90°; (j) repeat the steps set out in paragraphs (a) to (h); (k) repeat the steps set out in paragraphs (i) and (j) two times; and (l) in the case of a multiple occupancy carriage or stroller, perform the test with a dummy that meets the requirements set out in Schedule 9 in each seating unit, one at a time and then with a dummy in each seating unit simultaneously. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 2 Horizontal Plane Stability Testing for Strollers SCHEDULE 2 (Subsection 4(2)) Horizontal Plane Stability Testing for Strollers 1 The following method is to be used for testing the stability of a stroller on a horizontal plane: (a) place the stroller in the manufacturer’s recommended position for use as a stroller with all wheels on a horizontal plane; (b) with no added weight in the seating unit, place the footrest of the stroller in the lowest manufacturer’s recommended use position; (c) place a 5 cm wooden cube on the centre of the footrest; (d) apply a force of 200 N vertically downward on the cube; (e) note whether the stroller is still in the manufacturer’s recommended use position with all wheels in contact with the horizontal plane; and (f) in the case of a multiple occupancy stroller, perform the test on each footrest, one at a time and then on each footrest simultaneously. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 3 Braking Device Testing SCHEDULE 3 (Paragraph 5(1)(b) and section 13) Braking Device Testing 1 The following method is to be used for testing the braking device of a carriage or stroller: (a) place the carriage or stroller in the manufacturer’s recommended use position, with the braking device engaged, on a sheet of 19 mm plywood that is covered with 120 grit sandpaper or the equivalent, inclined 12° to the horizontal and of such a size that all of its wheels are at least 50 mm from any edge; (b) place a dummy that meets the requirements set out in Schedule 9 in the centre of each seating unit; (c) place the manufacturer’s recommended maximum load as follows: (i) in the case where there is or is provision for a parcel bag, in the manufacturer’s recommended parcel bag, (ii) in the case where there is or is provision for a parcel rack, in the manufacturer’s recommended parcel rack, and (iii) in the case where there is or is provision for a parcel bag and a parcel rack, in the manufacturer’s recommended parcel bag and parcel rack; (d) orient the carriage or stroller so that it is facing uphill; (e) note whether the braking device is still engaged, the rotation of the braked wheels and whether the carriage or stroller has moved; (f) orient the carriage or stroller so that it is facing downhill; and (g) note whether the braking device is still engaged, the rotation of the braked wheels and whether the carriage or stroller has moved. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 4 Child Restraint System Testing SCHEDULE 4 (Paragraphs 6(b) and (c)) Child Restraint System Testing 1 The following method is to be used for testing each child restraint system for strollers: (a) secure the stroller so that it cannot move; (b) secure the roller block fixture with the lap belt of the stroller as illustrated in Figure 1; (c) mark the lap belt in any manner to allow observation of any loosening; (d) apply a force of 200 N in the direction perpendicular to the belt as illustrated in Figure 2, in such a way as to allow the rollers to rotate freely, applying the force within a period of one second and maintaining it for 10 seconds; (e) note any loosening or breakage of the fastener of the lap belt; (f) repeat the steps set out in paragraphs (d) and (e) nine times at one-second intervals; (g) repeat the step set out in paragraph (d) using a force of 450 N applied within two seconds; (h) note any breakage or detachment of the anchorages; (i) apply a force of 225 N to the restraint system, using any method, in a direction that places strain on one of the anchorage attachment points, applying the force within a period of two seconds and maintaining it for 10 seconds; (j) note any breakage or detachment of the anchorage; and (k) repeat the steps set out in paragraphs (i) and (j) for each of the remaining anchorage attachment points. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 4 Child Restraint System Testing Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 5 Latching System Testing SCHEDULE 5 (Paragraphs 7(1)(a) and (2)(a) and section 13) Latching System Testing 1 The following method is to be used for testing the latching system of a carriage or stroller that folds: (a) erect the carriage or stroller in the manufacturer’s recommended use position; (b) place a 2 kg bag of sand in the centre of each seating unit; (c) secure the carriage or stroller to a horizontal surface in a manner that does not impede the normal folding action; (d) apply a force of 200 N (i) at the location normally associated with the folding action but not directly to the latching device itself, and (ii) in the direction normally associated with the manufacturer’s recommended method of folding; (e) note whether the carriage or stroller is still latched in the manufacturer’s recommended use position; (f) repeat the steps set out in paragraphs (d) and (e) four times within two minutes; and (g) fold the carriage or stroller 100 times and then repeat the steps set out in paragraphs (a) to (e). 2 The following method is to be used for testing the safety device of a carriage or stroller that folds: (a) erect the carriage or stroller in the manufacturer’s recommended use position with the latching device released; (b) apply a force of 200 N at the location and in the direction normally associated with the folding action of the carriage or stroller; (c) note the amount of folding movement, if any; and (d) repeat the steps set out in paragraphs (a) to (c) with a dummy that meets the requirements set out in Schedule 9, placed in the centre of each seating unit. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 6 Structural Integrity Testing SCHEDULE 6 (Sections 8 and 13) Structural Integrity Testing 1 The following method is to be used for testing the structural integrity of a carriage or stroller: (a) erect the carriage or stroller in the manufacturer’s recommended use position with all wheels on a horizontal surface and each footrest in the lowest manufacturer’s recommended use position; (b) place a test mass of 40 kg in each seating unit of the carriage and 60 kg in each seating unit of the stroller; (c) maintain the test mass for two minutes; (d) note any damage to the carriage or stroller; (e) place a 70 mm × 150 mm × 25 mm wooden block on the centre of each footrest, if provided; (f) place a test mass of 20 kg on each block for two minutes; and (g) note any damage to the carriage or stroller. Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 7 Wheel Integrity Testing SCHEDULE 7 (Sections 9 and 13) Wheel Integrity Testing 1 The following method is to be used for testing the wheel attachment of a carriage or stroller: (a) mount a wheel and axle in a test fixture as illustrated in the figure; (b) apply a force of 450 N to the axle, as illustrated in the figure, at a rate of loading not exceeding 450 N/min; (c) maintain the force for a period of two minutes; (d) reduce the load to zero at a rate not exceeding 450 N/ min; (e) note whether the wheel has become detached or suffered loss of function; and (f) repeat the steps set out in paragraphs (a) to (e) for each of the other wheels of the carriage or stroller. Figure Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 8 Small Parts Cylinder SCHEDULE 8 (Section 11) Small Parts Cylinder Current to June 20, 2022 Carriages and Strollers Regulations SCHEDULE 9 Dummy for Testing Purposes SCHEDULE 9 (Schedules 1, 3 and 5) Dummy for Testing Purposes 1 A dummy that is to be used for testing purposes in accordance with these Regulations must be made from the following materials: (a) sand having an approximate density of 1 600 kg/m3; and (b) pre-shrunk 368.54 g marine canvas. 2 A dummy that is to be used for testing purposes in accordance with these Regulations must be made in the following manner: (a) cut canvas to obtain a piece that is approximately 500 mm × 650 mm; (b) fold it and stitch side and bottom seams to form a bag that is 475 mm × 300 mm; (c) turn raw edges to the inside; (d) fill it with dry sand to obtain a mass of 20 kg; and (e) stitch the top edge closed to obtain a bag with finished dimensions of 450 mm × 300 mm. Current to June 20, 2022
CONSOLIDATION Carbonated Beverage Glass Containers Regulations SOR/2016-166 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Carbonated Beverage Glass Containers Regulations Interpretation 1 Definition of carbonated beverage glass container Specifications 2 Perforation Distance of projection Information 4 Warning Code — date of manufacture Quality Control 6 System of control and documents Repeal Coming into Force 8 Registration SCHEDULE 1 Drill Test — Perforation SCHEDULE 2 Drop Test — Distance of Projection Current to June 20, 2022 ii Registration SOR/2016-166 June 22, 2016 CANADA CONSUMER PRODUCT SAFETY ACT Carbonated Beverage Glass Containers Regulations P.C. 2016-593 June 21, 2016 His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety Acta, makes the annexed Carbonated Beverage Glass Containers Regulations. a S.C. 2010, c. 21 Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations Interpretation Definition of carbonated beverage glass container 1 In these Regulations, a carbonated beverage glass container means a glass container of a capacity of 1.5 L or more containing a non-alcoholic carbonated beverage. Specifications Perforation 2 A carbonated beverage glass container must not, when tested in accordance with Schedule 1, shatter in such a way as to cause any piece or part of the container to perforate the plastic sheets described in that Schedule. Distance of projection 3 When a carbonated beverage glass container is tested in accordance with Schedule 2, at least 95% of the dry weight of the container must remain inside the cylinder. Information Warning 4 A carbonated beverage glass container must have printed on it, or affixed to it, in such a manner that the text is clearly legible, the following warning prominently displayed in boldface letters that are at least 3 mm in height: CONTENTS UNDER PRESSURE. HANDLE WITH CARE. CONTENU SOUS PRESSION. MANIPULER AVEC SOIN. Code — date of manufacture 5 A carbonated beverage glass container must be coded in such a manner that its date of manufacture is identifiable. Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations Quality Control Sections 6-8 Quality Control System of control and documents 6 (1) Every person who manufactures or imports a carbonated beverage glass container must (a) establish and maintain a system of control and inspection to ensure that the carbonated beverage glass container meets the requirements set out in sections 2 and 3; and (b) prepare and maintain documents describing tests carried out on the carbonated beverage glass container and the results of such tests. Retention period and examination by inspector (2) The manufacturer or importer must keep the documents for a period of two years, and have the documents available during that period for examination by an inspector at all reasonable times. Repeal 7 [Repeal] Coming into Force Registration 8 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations SCHEDULE 1 Drill Test — Perforation SCHEDULE 1 (Section 2) Drill Test — Perforation 1 The following method is to be used to test whether a carbonated beverage glass container shatters in such a way as to cause perforation: (a) as illustrated in the figure of the test apparatus, provide (i) a flat and horizontal support surface that is 10 cm in diameter, (ii) on a supporting structure of four corner posts 16 mm in diameter, four straight rods 16 mm in diameter, forming a square frame with outside dimensions of 80 cm for each side centred on the vertical centreline through the support surface and parallel to, and with the upper edges of the rods 80 cm above, the support surface, (iii) a drill probe of adjustable height, with a horizontal axial centreline in a vertical plane that passes equidistant between two opposite sides of the square frame, (iv) a sharp “MM Glazemaster Glass Drill, 4.5 mm, Type A”, affixed to and axially centred on the drill probe, (v) a drill probe drive mechanism capable of rotating the probe 0.2 revolutions per second while advancing the drill 0.254 mm per second towards the vertical centreline through the support surface, and (vi) two support points for the container of adjustable height, located and oriented as shown in the figure; (b) cover the top and the four vertical sides of the supporting structure using clear polyethylene plastic sheets of a thickness of 0.035 ± 0.005 mm, and using supplementary means of attachment as required, so that (i) a single sheet of plastic, 80 cm wide, is suspended across the side facing the drill probe, (ii) two sheets of plastic, each 33 cm wide, are suspended on the side where the drill probe is located with a gap of 14 cm between the two sheets, symmetrical with the drill probe centreline, (iii) a single sheet of plastic, 80 cm wide, is suspended across the top and the other two sides, (iv) the lower edges of the plastic sheets extend below the plane of the support surface, and (v) the lower edges of the plastic sheets are subjected to a uniformly distributed downward force of 39 N/m of width by the use of weight rods; Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations SCHEDULE 1 Drill Test — Perforation (c) remove from the container any packaging and label that does not remain on it after its sale and during its use; (d) ensure that the unopened container is equilibrated to a test temperature by storing it in a water bath at 22°C for four hours and is equilibrated as to pressure at that temperature by ultrasonic agitation immediately before the test; (e) ensure that the plastic sheets are free of any perforation; (f) adjust the drill probe and the support points to the mid-height of the container; (g) place the container upright and unopened on the support surface and against the support points; (h) adjust the probe drive mechanism to a linear velocity of 0.254 mm per second and a rotational velocity of 0.2 revolutions per second, and advance the drill probe until it pierces the container; and (i) if the container shatters, note whether any piece or part of the container has perforated the plastic sheets above the horizontal plane of the support surface. Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations SCHEDULE 1 Drill Test — Perforation Figure — Test Apparatus Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations SCHEDULE 2 Drop Test — Distance of Projection SCHEDULE 2 (Section 3) Drop Test — Distance of Projection 1 The following method is to be used to test the distance of projection of a carbonated beverage glass container that has shattered: (a) as illustrated in the figure of the test apparatus, provide (i) a block of concrete, 50 cm long, 40 cm wide and 20 cm high, having a smooth, flat and horizontal impact surface, positioned on a flat and horizontal concrete base, (ii) a rigid cylinder, with an inside diameter of 2 m and a height of 20 cm, placed vertically on the concrete base so that it is concentric with the concrete block, and the upper edge of the cylinder is in the plane of the impact surface, and (iii) a drop mechanism, consisting of two horizontal support bars of 6 mm diameter with their centrelines 4 cm apart positioned symmetrically over the longitudinal centreline of the impact surface and with their upper edges 75 cm above the impact surface, capable of permitting a free fall of the container from its horizontal support position by a snap action withdrawal of the two support bars in symmetrical paths downward and away from the container while maintaining the bar centrelines horizontal; (b) remove from the container any packaging and label that does not remain on it after its sale and during its use; (c) ensure that the unopened container is equilibrated to a test temperature by storing it in a water bath at 25°C for four hours and is equilibrated as to pressure at that temperature by ultrasonic agitation immediately before the test; (d) clear and clean the area inside and outside the cylinder; (e) place the container horizontal and unopened, centred between and on the support bars, with the vertical plane through the mid-height of the container passing through the transverse centreline of the impact surface; (f) activate the drop mechanism allowing the container to fall freely on the impact surface; (g) if the container shatters, (i) collect, clean, dry and weigh all pieces and parts of the container, including the top and label, that have travelled beyond the outside diameter of the cylinder, and Current to June 20, 2022 Carbonated Beverage Glass Containers Regulations SCHEDULE 2 Drop Test — Distance of Projection (ii) collect, clean, dry and weigh all pieces and parts of the container, including the top and label, that have remained within the inside diameter of the cylinder; and (h) calculate the dry weight of the container by adding the weights obtained in subparagraphs (g)(i) and (ii). Figure — Test Apparatus Current to June 20, 2022
CONSOLIDATION Corded Window Covering Products Regulations [Repealed, SOR/2019-97, s. 16] Current to June 20, 2022 Last amended on May 1, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 1, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 1, 2021 TABLE OF PROVISIONS Corded Window Covering Products Regulations Current to June 20, 2022 Last amended on May 1, 2021 ii
CONSOLIDATION Currency Exchange for Customs Valuation Regulations SOR/85-900 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Means of Determining the Equivalent Dollar Value of Currencies of Other Countries for the Purpose of Computing the Value for Duty for Customs Purposes 1 Short Title Interpretation Determination of Exchange Rate Current to June 20, 2022 ii Registration SOR/85-900 September 12, 1985 CURRENCY ACT Currency Exchange Regulations P.C. 1985-2752 for Customs Valuation September 12, 1985 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 13.2* of the Currency Act**, is pleased hereby to revoke the Currency Exchange for Customs Valuation Regulations, made by Order in Council P.C. 1978-181 of 26th January, 1978*** and to make the annexed Regulations respecting the means of determining the equivalent dollar value of currencies of other countries for the purpose of computing the value for duty for customs purposes, in substitution therefor. S.C. 1984, c. 25, s. 100 S.C. 1984, c. 9, s. 2 *** SOR/78-86, 1978 Canada Gazette Part II, p. 498 * ** Current to June 20, 2022 Regulations Respecting the Means of Determining the Equivalent Dollar Value of Currencies of Other Countries for the Purpose of Computing the Value for Duty for Customs Purposes Short Title 1 These Regulations may be cited as the Currency Exchange for Customs Valuation Regulations. Interpretation 2 In these Regulations, Minister means the Minister of National Revenue. Determination of Exchange Rate 3 For the purposes of the Customs Act, the rate of exchange used by the Minister for determining the value in Canadian dollars of a currency other than Canada shall be the rate prevailing on the date of direct shipment to Canada of the goods whose value in Canadian currency is to be determined. 4 For the purposes of the Special Import Measures Act, the rate of exchange used by the Minister for determining the value in Canadian dollars of a currency of a country other than Canada shall be the rate prevailing on the date of sale to a Canadian importer or the date of direct shipment to Canada, whichever date is applicable according to the Special Import Measures Regulations, of the goods whose value in Canadian currency is to be determined. 5 For the purposes of sections 3 and 4, rate prevailing on a date means, in respect of a currency of any country other than Canada, the rate of exchange for that currency, as communicated to the ports of entry by the Minister for that date. 6 Subject to sections 7 and 8, the rate of exchange for any currency to be communicated by the Minister to the ports of entry shall be established on the basis of (a) the latest rate of exchange for that currency quoted to the Minister by the Bank of Canada; Current to June 20, 2022 Currency Exchange for Customs Valuation Regulations Determination of Exchange Rate Sections 6-8 (b) if no rate of exchange is quoted as described in paragraph (a), the latest rate of exchange for that currency quoted to the Minister by any Canadian chartered bank selected by the Minister; or (c) if no rate of exchange is quoted as described in paragraph (a) or (b), the latest rate of exchange for that currency quoted by the Financial Times of London, Great Britain. 7 Where more than one rate of exchange for a currency is quoted as described in paragraph 6(a), (b) or (c), excluding any rate of exchange for that currency commonly known as a tourist rate, the rate of exchange for that currency shall be established on the basis of the average of the exchange rates so quoted, excluding any tourist rate, weighted by the percentage value in terms of Canadian currency of all the goods in the same category as the goods in question that, according to the records of Statistics Canada, were imported from the country of export during the latest six month period for which such records are available prior to the establishment of that rate of exchange. 8 Where no rate of exchange for a currency is quoted as described in paragraph 6(a), (b) or (c), the Minister shall establish a rate of exchange for that currency on the basis of the information available to him as to the value of that currency in Canadian currency. Current to June 20, 2022
CONSOLIDATION Canadian Aviation Security Regulations, 2012 SOR/2011-318 Current to June 20, 2022 Last amended on May 11, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 11, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 11, 2022 TABLE OF PROVISIONS Canadian Aviation Security Regulations, 2012 Overview 1 Regulations overview Structure Interpretation 3 Definitions PART 1 Screening Overview 4 Part overview Application 4.1 Application Screening Officers 5 Qualifications 5.1 Cancellation of certification 5.2 Corrective actions 5.3 Record Official Languages 6 Official languages Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening 7 Prohibition Notification of screening officers Identity Screening 8.2 Definition of required identification 8.3 Identity screening — age 8.4 Lost or stolen identification 8.5 Refusal of entry Screening for Prohibited Items 10 Prohibited items Weapons, explosive substances and incendiary devices Current to June 20, 2022 Last amended on May 11, 2022 ii Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Medically necessary goods Circumventing Screening 14 Circumventing screening Screening of Checked Baggage 14.1 Use of force 14.2 Notice Threat Response 15 Threat response Reporting of Security Incidents 16 Items at checkpoint Security Information 17 Security information Training 20 Minimum training standards Qualifications of instructor Evaluation Ongoing training program Program and examinations Screening Equipment 30 Screening equipment Process — protection of sensitive information Identity Verification System 56 System requirements Database backup Disclosure of information Biometric templates Protection of information Activation of cards Deactivation of cards Business continuity plan Records PART 3 Weapons, Explosive Substances and Incendiary Devices Overview 76 Part overview Current to June 20, 2022 Last amended on May 11, 2022 iv Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS At Aerodromes 77 Prohibition — sale Prohibition — carriage, transportation and access On Board Aircraft 79 Weapons Transport and Tendering for Transportation 80 General prohibitions False Declarations 81 False declarations PART 4 Class 1 Aerodromes Overview 82 Part overview Application 83 Application DIVISION 1 Prohibited Items Overview 84 Division overview Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices 85 Authorization Availability of Prohibited Items 86 Prohibition — sterile area DIVISION 2 Threats and Incidents Overview 88 Division overview Threat Response 89 Area under operator’s control Area under control of other person Threats Duties of other person Threats identified by other person Information Reporting 94 Security incidents Current to June 20, 2022 Last amended on May 11, 2022 v Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Commercial air service information DIVISION 3 AVSEC Levels Overview 96 Division overview AVSEC Level Requirements 97 Additional safeguards Notification Legal powers and obligations DIVISION 4 Personnel and Training Overview 108 Division overview Security Official 111 Interpretation Requirement Aerodrome Security Personnel 115 Initial training Follow-up training On-the-job training Training records DIVISION 5 Facilitation of Screening Overview 120 Division overview Screening of Passengers 121 Passenger screening facilities False declaration notice Screening of Non-passengers 123 Non-passenger screening facilities 123.1 Non-passenger access to restricted areas Notice — liquids, aerosols or gels Screening of Checked Baggage 125 Checked baggage screening facilities Baggage Handling Systems 126 No change without agreement Current to June 20, 2022 Last amended on May 11, 2022 v Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS DIVISION 6 Access Controls Overview 127 Division overview Signs 128 Sign requirements Restricted Area Access Points 129 Access control system Passenger loading bridge Prohibition Baggage Handling Systems 132 Prevention of unauthorized access Doors, Gates, Emergency Exits and Other Devices 133 Duty to close and lock — operators Duty to close and lock — partners and lessees Temporary use or control Uncontrolled restricted area access point Preventing locking Emergency exits Unauthorized Access 139 Prohibition Inspectors 140 Requirement to allow access DIVISION 7 Documents of Entitlement 141 Division overview List of documents DIVISION 8 Enhanced Access Controls Overview 143 Division overview Identity Verification System 144 Disclosure of information Information To Be Displayed on a Restricted Area Identity Card 145 Required information Current to June 20, 2022 Last amended on May 11, 2022 vi Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Issuance of Restricted Area Identity Cards 146 Issuance criteria False information Sponsorship Issuance of multiple cards Replacement of cards Requirement to inform Collection of information Quality control Protection of information Deactivation of Restricted Area Identity Cards 155 Deactivation request Change in employment Duty of employer Retrieval of cards Keys, Combination Codes and Personal Identification Codes 159 Issuance or assignment Addition of key Protection of information Cancellation, withdrawal or retrieval Records 163 General requirement Restricted Area Access Control Process 164 Use of identity verification system Control of Access to Restricted Areas 165 Unauthorized access prohibition Restricted area identity cards — conditions of use Display of restricted area identity cards Oversight Business Continuity Plans 169 Business continuity plans Database backup Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes 171 General prohibitions Current to June 20, 2022 Last amended on May 11, 2022 vi Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Report of loss or theft Report of non-functioning card Presentation and Surrender of Restricted Area Identity Cards 175 Presentation on demand Surrender on demand Return of cards Notification of Minister Escort and Surveillance 179 General requirement Escort ratio Requirement to remain together Screening requirement Exception — conveyances Escort conveyances Inspectors 185 Exemption Inspector’s credentials Escort privileges Conveyance escort privileges DIVISION 9 Airport Security Programs Overview 189 Division overview Interpretation 190 Processes and procedures Airport Security Program Requirements 191 Requirement to establish and implement Documentation Requirement to amend Committees 195 Security committee Multi-agency advisory committee Airport Security Risk Assessments 197 Airport security risk assessments Submission for approval Requirement to consult Current to June 20, 2022 Last amended on May 11, 2022 ix Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Airport security risk assessment — annual review Approval Strategic Airport Security Plans 202 Strategic airport security plans Requirement to consult Requirement to submit Requirement to implement 205.1 Approval of plan 205.2 Amendments Emergency Plans 206 Plan requirements Security Exercises 207 Operations-based security exercise Discussion-based security exercise Notice Records 210 Additional safeguards Corrective Actions 211 Corrective actions Corrective action plan Disclosure of Information 213 Prohibition DIVISION 10 Reserved DIVISION 11 Primary Security Line Partners Overview 224 Division overview Security Official 225 Interpretation One security official at all times Support for Airport Security Programs 227 Requirements Provision of Information 231 Provision of information to operator of aerodrome Corrective Actions 234 Corrective actions Current to June 20, 2022 Last amended on May 11, 2022 x Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Corrective action plan Disclosure of Information 235.1 Prohibition DIVISION 12 Other Aerodrome Operations Overview 236 Division overview Construction Plans 237 Requirement to notify Minister PART 5 Class 2 Aerodromes Overview 246 Part overview Application 247 Application DIVISION 1 Prohibited Items Overview 248 Division overview Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices 249 Authorization Availability of Prohibited Items 250 Prohibition — sterile area DIVISION 2 Threats and Incidents Overview 252 Division overview Threat Response 253 Area under operator’s control Area under control of other person Threats Duties of other person Threats identified by other person Information Reporting 258 Security incidents Current to June 20, 2022 Last amended on May 11, 2022 x Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Commercial air service information DIVISION 3 AVSEC Levels Overview 260 Division overview AVSEC Level Requirements 261 Additional safeguards Notification Legal powers and obligations DIVISION 4 Personnel and Training Overview 266 Division overview Security Official 269 Interpretation Requirement Aerodrome Security Personnel 271 Initial training Follow-up training On-the-job training Training records DIVISION 5 Facilitation of Screening Overview 276 Division overview Screening of Passengers 277 Passenger screening facilities False declaration notice Screening of Non-passengers 279 Non-passenger screening facilities 279.1 Non-passenger access to restricted areas Notice — liquids, aerosols or gels Screening of Checked Baggage 281 Checked baggage screening facilities Baggage Handling Systems 282 No change without agreement Current to June 20, 2022 Last amended on May 11, 2022 xi Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS DIVISION 6 Access Controls Overview 283 Division overview Signs 284 Sign requirements Restricted Area Access Points 285 Access control system Passenger loading bridge Prohibition Baggage Handling Systems 288 Prevention of unauthorized access Doors, Gates, Emergency Exits and Other Devices 289 Duty to close and lock — operators Duty to close and lock — partners and lessees Temporary use or control Uncontrolled restricted area access point Preventing locking Emergency exits Unauthorized Access 295 Prohibition Inspectors 296 Requirement to allow access DIVISION 7 Documents of Entitlement 297 Division overview List of documents DIVISION 8 Enhanced Access Controls Overview 299 Division overview Identity Verification System 300 Disclosure of information Information To Be Displayed on a Restricted Area Identity Card 301 Required information Current to June 20, 2022 Last amended on May 11, 2022 xi Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Issuance of Restricted Area Identity Cards 302 Issuance criteria False information Sponsorship Issuance of multiple cards Replacement of cards Requirement to inform Collection of information Quality control Protection of information Deactivation of Restricted Area Identity Cards 311 Deactivation request Change in employment Duty of employer Retrieval of cards Keys, Combination Codes and Personal Identification Codes 315 Issuance or assignment Addition of key Protection of information Cancellation, withdrawal or retrieval Records 319 General requirement Restricted Area Access Control Process 320 Use of identity verification system Control of Access to Restricted Areas 321 Unauthorized access prohibition Restricted area identity cards — conditions of use Display of restricted area identity cards Oversight Business Continuity Plans 325 Business continuity plans Database backup Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes 327 General prohibitions Current to June 20, 2022 Last amended on May 11, 2022 xi Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Report of loss or theft Report of non-functioning card Presentation and Surrender of Restricted Area Identity Cards 331 Presentation on demand Surrender on demand Return of cards Notification of Minister Escort and Surveillance 335 General requirement Escort ratio Requirement to remain together Screening requirement Exception — conveyances Escort conveyances Inspectors 341 Exemption Inspector’s credentials Escort privileges Conveyance escort privileges DIVISION 9 Airport Security Programs Overview 345 Division overview Interpretation 346 Processes and procedures Airport Security Program Requirements 347 Requirement to establish and implement Documentation Requirement to amend Security Committee 350 Security committee Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans 351 Application Current to June 20, 2022 Last amended on May 11, 2022 xv Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Transition Multi-agency advisory committee Airport security risk assessments Submission for approval Requirement to consult Airport security risk assessment — annual review Approval Strategic airport security plans Requirement to consult Requirement to submit Requirement to implement Approval of plan Amendments Menu of Additional Safeguards 365 Requirement to establish Requirement to submit 366.1 Approval 366.2 Amendments Emergency Plans 367 Plan requirements Security Exercises 368 Operations-based security exercise Discussion-based security exercise Notice Records 371 Additional safeguards Corrective Actions 372 Corrective actions Corrective action plan Primary Security Line Partners 374 Provision of information to operator of aerodrome Disclosure of Information 380 Prohibition DIVISION 10 Reserved Current to June 20, 2022 Last amended on May 11, 2022 xv Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS DIVISION 11 Other Aerodrome Operations Overview 391 Division overview Construction Plans 392 Requirement to notify Minister PART 6 Class 3 Aerodromes Overview 401 Part overview Application 402 Application DIVISION 1 Prohibited Items Overview 403 Division overview Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices 404 Authorization Availability of Prohibited Items 405 Prohibition — sterile area DIVISION 2 Threats and Incidents Overview 407 Division overview Threat Response 408 Area under operator’s control Area under control of other person Threats Duties of other person Threats identified by other person Information Reporting 413 Security incidents Commercial air service information Current to June 20, 2022 Last amended on May 11, 2022 xv Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS DIVISION 3 AVSEC Levels Overview 415 Division overview AVSEC Level Requirements 416 Additional safeguards Notification Legal powers and obligations DIVISION 4 Personnel and Training Overview 421 Division overview Security Official 424 Interpretation Requirement Aerodrome Security Personnel 426 Initial training Follow-up training On-the-job training Training records DIVISION 5 Facilitation of Screening Overview 431 Division overview Screening of Passengers 432 Passenger screening facilities False declaration notice Notice for Non-passengers 434 Notice — Liquids, aerosols or gels Screening of Checked Baggage 435 Checked baggage screening facilities Baggage Handling Systems 436 No change without agreement DIVISION 6 Access Controls Overview 437 Division overview Current to June 20, 2022 Last amended on May 11, 2022 xv Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Signs 438 Sign requirements Restricted Area Access Points 439 Access control system Passenger loading bridge Prohibition Baggage Handling Systems 442 Prevention of unauthorized access Doors, Gates, Emergency Exits and Other Devices 443 Duty to close and lock — operators Duty to close and lock — partners and lessees Temporary use or control Uncontrolled restricted area access point Preventing locking Emergency exits Unauthorized Access 449 Prohibition Inspectors 450 Requirement to allow access DIVISION 7 Documents of Entitlement 451 Division overview List of documents DIVISION 7.1 Enhanced Access Controls Overview 452.01 Division overview Identity Verification System 452.02 Disclosure of information Information To Be Displayed on a Restricted Area Identity Card 452.03 Required information Issuance of Restricted Area Identity Cards 452.04 Issuance criteria 452.05 False information 452.06 Sponsorship Current to June 20, 2022 Last amended on May 11, 2022 xi Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS 452.07 Issuance of multiple cards 452.08 Replacement of cards 452.09 Requirement to inform 452.1 Collection of information 452.11 Quality control 452.12 Protection of information Deactivation of Restricted Area Identity Cards 452.13 Deactivation request 452.14 Change in employment 452.15 Duty of employer 452.16 Retrieval of cards Keys, Combination Codes and Personal Identification Codes 452.17 Issuance or assignment 452.18 Addition of key 452.19 Protection of information 452.2 Cancellation, withdrawal or retrieval Records 452.21 General requirement Restricted Area Access Control Process 452.22 Use of identity verification system Control of Access to Restricted Areas 452.23 Unauthorized access prohibition 452.24 Restricted area identity cards — conditions of use 452.25 Display of restricted area identity cards 452.26 Oversight Business Continuity Plans 452.27 Business continuity plans 452.28 Database backup Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes 452.29 General prohibitions 452.3 Report of loss or theft 452.31 Report of non-functioning card Presentation and Surrender of Restricted Area Identity Cards 452.32 Presentation on demand Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS 452.33 Surrender on demand 452.34 Return of cards 452.35 Notification of Minister Escort and Surveillance 452.36 General requirement 452.37 Escort ratio 452.38 Requirement to remain together 452.39 Screening requirement 452.4 Exception — conveyances 452.41 Escort conveyances Inspectors 452.42 Exemption 452.43 Inspector’s credentials 452.44 Escort privileges 452.45 Conveyance escort privileges DIVISION 8 Airport Security Programs Overview 453 Division overview Interpretation 454 Processes and procedures Airport Security Program Requirements 455 Requirement to establish and implement Documentation Requirement to amend Security Committee 458 Security committee Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans 459 Application Transition Airport security risk assessments Submission for approval Requirement to consult Airport security risk assessment — annual review Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Approval Strategic airport security plans Requirement to consult Requirement to submit Requirement to implement Approval of plan Amendments Menu of Additional Safeguards 472 Requirement to establish Requirement to submit 473.1 Approval 473.2 Amendments Emergency Plans 474 Plan requirements Security Exercises 475 Operations-based security exercise Discussion-based security exercise Notice Records 478 Additional safeguards Corrective Actions 479 Corrective actions Corrective action plan Primary Security Line Partners 481 Provision of information to operator of aerodrome Disclosure of Information 484 Prohibition DIVISION 9 Reserved DIVISION 10 Other Aerodrome Operations Overview 495 Division overview Construction Plans 496 Requirement to notify Minister Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS PART 7 Other Aerodromes Overview 505 Part overview DIVISION 1 Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices 506 Application Authorization DIVISION 2 Threats and Incidents Application 508 Application Threat Response 509 Area under operator’s control Area under control of other person Threats Duties of other person Threats identified by other person Information Reporting 514 Security incidents Commercial air service information DIVISION 3 Emergency Planning Application 516 Application Emergency Plans and Security Exercises 517 Plan requirements Discussion-based security exercise Record of emergencies PART 8 Aircraft Security Overview 525 Part overview Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Weapons, Explosive Substances and Incendiary Devices 526 Weapons Transport of loaded firearms Transport of unloaded firearms Storage of unloaded firearms Prohibition — alcoholic beverages Authorizations for peace officers Requirement to inform Unloaded firearm authorizations — air carriers Persons in the Custody of an Escort Officer 534 Definition of organization responsible for the person in custody Peace officer duties Consumption of alcoholic beverages Prohibition — alcoholic beverages Seating of persons in custody Threat Response and Information Reporting Threat Response 539 Threat to aircraft — air carriers Threat to aircraft — air carriers Threat to facility or aerodrome — air carriers Threat to facility or aerodrome — air carriers Reporting of Security Incidents 543 Notification of Minister Security Information 544 Provision to Minister Duty of service providers PART 9 Reserved PART 10 Reserved Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS PART 11 Air Cargo and Mail Overview 668 Part overview DIVISION 1 Air Cargo Application 668.1 Application Transporting Cargo by Air and Tendering Cargo for Transportation by Air 669 Requirement to screen cargo Tendering of secure cargo — regulated agents and certified agents Tendering of secure cargo — known consignors Cargo security information Accurate and complete information Screenings 674 Authority to screen Screening for threat items Storage and Transport Requirements 676 Storage requirements Transport requirements Cargo Security Coordinators and Authorized Cargo Representatives 679 Cargo security coordinator — designation Authorized cargo representative Canadian criminal record check Reporting of Security Incidents 682 Reporting of security incidents Record Keeping 683 Cargo security information Training record Background check record Ministerial access DIVISION 2 Mail 720 Requirement to screen mail Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS PART 12 Reserved PART 13 Ministerial Powers and Duties Overview 765 Part overview DIVISION 1 Identity Verification System 766 Disclosure of information Deactivation request DIVISION 2 AVSEC Levels 778 Application Level 1 Level 2 Level 3 Requirement to lower level Maintaining a level Notification Multiple aerodromes PART 14 Designated Provisions Overview 797 Part overview Designated Provisions 798 Designated provisions Designation of security measure provisions Notice of Contravention 800 Notice requirements PART 15 Transitional Provisions Class 1 Aerodromes 801 Operators Class 2 Aerodromes 802 Operators Current to June 20, 2022 Last amended on May 11, 2022 xx Canadian Aviation Security Regulations, 2012 TABLE OF PROVISIONS Class 3 Aerodromes 803 Operators SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 Current to June 20, 2022 Last amended on May 11, 2022 xx Registration SOR/2011-318 December 16, 2011 AERONAUTICS ACT Canadian Aviation Security Regulations, 2012 P.C. 2011-1669 December 15, 2011 His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71a and 4.9b, paragraphs 7.6(1)(a)c and (b)c and section 7.7d of the Aeronautics Acte, hereby makes the annexed Canadian Aviation Security Regulations, 2012. a S.C. 2004, c. 15, s. 5 b S.C. 1992, c. 4, s. 7 c S.C. 2004, c. 15, s. 18 d S.C. 2001, c. 29, s. 39 e R.S., c. A-2 Current to June 20, 2022 Last amended on May 11, 2022 Overview Regulations overview 1 (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation. Other instruments (2) These Regulations are supplemented from time to time by other aviation security regulations and by security measures, interim orders, ministerial orders and emergency directions. SOR/2014-153, s. 1. Structure 2 These Regulations are divided into 14 parts: (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes; (b) Part 2 deals with the CATSA security program; (c) Part 3 deals with weapons, explosive substances and incendiary devices; (d) Part 4 deals with security at aerodromes listed in Schedule 1; (e) Part 5 deals with security at aerodromes listed in Schedule 2; (f) Part 6 deals with security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act; (g) Part 7 deals with security at other aerodromes; (h) Part 8 deals with aircraft security; (i) Part 9 is reserved; (j) Part 10 is reserved; (k) Part 11 deals with air cargo; (l) Part 12 is reserved; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 Overview Sections 2-3 (m) Part 13 sets out ministerial powers and duties; and (n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain provisions of these Regulations and the provisions of any security measure. SOR/2015-163, s. 1; SOR/2015-196, s. 1; SOR/2022-92, s. 1; SOR/2022-92, s. 38. Interpretation Definitions 3 The following definitions apply in these Regulations. accepted cargo means any cargo in respect of which an air waybill or other similar control document is issued. (fret accepté) Act means the Aeronautics Act. (Loi) aerodrome security personnel means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to, and assist in the recovery from, acts or attempted acts of unlawful interference with civil aviation. (personnel de sûreté de l’aérodrome) biometric template means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person. (modèle biométrique) carry-on baggage means any baggage and personal belongings to which a person has or will have access on board an aircraft. (bagages de cabine) CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA) checked baggage means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation. (bagages enregistrés) combination code means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 Interpretation Section 3 electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’accès) consolidated cargo means multiple cargo shipments that originate from more than one original shipper that are consolidated to form one shipment under the air waybill or similar control document. (fret groupé) crew member means a person assigned to duty on an aircraft during flight time by the operator of the aircraft. (membre d’équipage) document of entitlement means a document that serves as proof of authorization to enter a restricted area. (document d’autorisation) escort officer means (a) a peace officer; and (b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight. (agent d’escorte) firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu) general list of prohibited items means Part 1 of TP 14628, which lists or describes goods that (a) could pose a threat to aviation security; (b) are prohibited as carry-on baggage by the governments of other countries; or (c) are identified by the International Civil Aviation Organization as items that must never be carried in the cabin of an aircraft or taken into a restricted area. (liste générale des articles interdits) incendiary device means an object, other than a match or pocket lighter, that is fabricated with combustible materials and is designed to inflict burn injuries on individuals or to cause fire damage to property. (engin incendiaire) inspector means a person who is authorized by the Minister to carry out an inspection under subsection 8.7(1) of the Act. (inspecteur) key means a key, card or other device, including a functionality that can be added to a restricted area identity card, that is designed to allow access to a restricted area and that is issued to an individual by, or under the authority of, the operator of an aerodrome. (clé) Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 Interpretation Section 3 Minister means the Minister of Transport. (ministre) non-consolidated cargo means a cargo shipment that originates from a single shipper. (fret non groupé) non-passenger screening checkpoint means a restricted area access point or a location inside a restricted area where persons other than passengers are screened or can be screened. (point de contrôle des non-passagers) operator of an aerodrome means (a) in the case of an aerodrome that is not an airport, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome; (b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and (c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome. (exploitant d’un aérodrome) operator of an aircraft means the person who has possession of the aircraft as owner, lessee or otherwise. (utilisateur d’un aéronef) passenger screening checkpoint means a screening checkpoint that is intended primarily for the screening of departing passengers. (point de contrôle des passagers) peace officer means (a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison, other than a penitentiary as defined in Part I of that Act; (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable; (c) any person who is designated by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 Interpretation Section 3 (d) an officer who is enforcing any provision of the Immigration and Refugee Protection Act, or of any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person; and (e) an officer or non-commissioned member of the Canadian Forces who is appointed as a member of the military police under regulations for the purposes of section 156 of the National Defence Act. (agent de la paix) personal identification code means a series or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’identification personnel) primary security line means the boundary between a restricted area and a non-restricted area at an aerodrome. (première ligne de sûreté) primary security line partner means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome. (partenaire de la première ligne de sûreté) regulatory requirement means a requirement of (a) these Regulations; (b) any other aviation security regulations; (c) a security measure; (d) an interim order; or (e) a ministerial order. (exigence réglementaire) restricted area means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement. (zone réglementée) restricted area access point means an opening in a security barrier that allows access to a restricted area. (point d’accès aux zones réglementées) Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 Interpretation Section 3 restricted area identity card means a restricted area pass that is issued by or under the authority of the operator of an aerodrome and that can be automatically verified by an identity verification system maintained by CATSA under section 56. (carte d’identité de zone réglementée) restricted area pass means a pass issued by or under the authority of the operator of an aerodrome to a person who requires ongoing access to restricted areas as part of the person’s employment. (laissez-passer de zone réglementée) screening authority means, as the context requires, (a) CATSA; (b) a screening contractor as defined in section 2 of the Canadian Air Transport Security Authority Act; or (c) a screening officer. (administration de contrôle) screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle) security barrier means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. (enceinte de sûreté) security personnel [Repealed, SOR/2014-153, s. 2] sensitive information respecting aviation security means information — including information respecting risks, threats, vulnerabilities, systems, equipment, controls and procedures as well as plans and technical drawings — that could be used to exploit or create a vulnerability or to facilitate an act or attempted act of unlawful interference with civil aviation. (renseignements délicats relatifs à la sûreté aérienne) specific list of prohibited items means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items. (liste spécifique des articles interdits) sterile area means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome: Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 Interpretation Section 3 (a) passengers who have been screened; (b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and (c) other persons who are authorized to be in the area by the operator of the aerodrome. (zone stérile) threat item means any of the following goods that are in a shipment of cargo but are not listed on the air waybill or other similar control document issued in respect of that cargo: (a) an explosive substance; (b) an incendiary device; (c) a component of an explosive device or incendiary device; and (d) any other good that could pose a threat to aviation security. (article dangereux) TP 14628 means the document entitled Prohibited Items List, published by the Department of Transport in March 2011, as amended from time to time. (TP 14628) weapon has the same meaning as in section 2 of the Criminal Code. (arme) SOR/2012-48, s. 1; SOR/2014-153, s. 2; SOR/2015-163, s. 2; SOR/2016-39, s. 1; SOR/ 2019-149, s. 1; SOR/2022-92, s. 2. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Sections 4-5 PART 1 Screening Overview Part overview 4 This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening. Application Application 4.1 This Part applies in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2022-92, s. 3. Screening Officers Qualifications 5 (1) A screening authority must not permit a screening officer to screen persons or goods unless the screening officer (a) is at least 18 years of age; (b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) is able to communicate effectively both orally and in writing in one or both official languages; (d) has a security clearance; (e) has taken the training referred to in section 20 and, if applicable, the ongoing training referred to in section 23; (f) has successfully completed the evaluation in accordance with section 22 and, if applicable, subsection 23(4), demonstrating their competence in the carrying out of their screening duties; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Screening Officers Sections 5-5.2 (g) is certified by the screening authority as meeting the requirements referred to in paragraphs (a) to (f); and (h) is designated by the Minister under section 4.84 of the Act. Supervision (2) The screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1). Requalification — absence of more than a month (3) If the screening officer is absent from work for more than one month but less than 18 months, the screening authority must ensure that, before the screening officer resumes their duties, the screening officer is evaluated and takes any necessary training on the training elements set out in section 20 to ensure their competency. Requalification — absence of 18 months or more (4) If the screening officer is absent from work for 18 months or more, the screening authority must ensure that the screening officer takes the training referred to in section 20 and is then evaluated to ensure their competency before they resume their duties. SOR/2022-92, s. 3. Cancellation of certification 5.1 (1) The screening authority must cancel the certification granted to a person in accordance with paragraph 5(1)(g) if (a) the person ceases to be employed as a screening officer; (b) the person no longer meets the requirements set out in section 5 to conduct screening; or (c) the person’s designation is cancelled by the Minister. Notice to Minister (2) The screening authority must notify the Minister when a screening officer’s certification is cancelled under paragraph (1)(a) or (b). SOR/2022-92, s. 3. Corrective actions 5.2 (1) The screening authority must take corrective actions if a screening officer is unable to carry out their screening duties effectively. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Screening Officers Sections 5.2-7 Plan (2) The corrective actions must include a plan that addresses any screening deficiencies. Evaluation (3) The screening authority must evaluate the screening officer to ensure the screening officer’s competency to carry out their duties effectively before they resume their duties. SOR/2022-92, s. 3. Record 5.3 (1) The screening authority must create a training and certification record for each screening officer and make it available to the Minister on reasonable notice given by the Minister. Record keeping (2) The screening authority must keep the records for at least 90 days after the day on which the screening officer ceases to be employed. SOR/2022-92, s. 3. Official Languages Official languages 6 At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must (a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and (b) provide in both official languages any printed or pre-recorded material that is used in respect of screening. Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening Prohibition 7 (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening Sections 7-8.3 Exception (2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device. Notification of screening officers 8 (1) If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft. Notification by peace officer (2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers. SOR/2014-153, s. 3. Identity Screening 8.1 [Repealed, SOR/2022-92, s. 4] Definition of required identification 8.2 (1) For the purposes of sections 8.3 and 8.4, required identification means (a) one piece of valid government-issued photo identification that shows the holder’s name and date of birth; (b) two pieces of valid government-issued identification, at least one of which shows the holder’s name and date of birth; or (c) a restricted area identity card. Exclusion (2) A document issued by a government for the purposes of fishing, hunting or boating is not required identification. SOR/2012-48, s. 2; SOR/2022-92, s. 4. Identity screening — age 8.3 (1) A screening authority must not allow a person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person, in accordance with these Regulations and any Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Identity Screening Sections 8.3-8.5 applicable security measure, emergency direction or interim order, by looking at the person, and in particular their entire face, to determine if they appear to be 18 years of age or older. Identity screening — required identification (2) A screening authority must not allow a person referred to in subsection (1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person (a) by comparing the person, and in particular their entire face, against the required identification, if applicable; and (b) by comparing the name on the person’s document of entitlement with the name on the required identification. SOR/2012-48, s. 2; SOR/2022-92, s. 4. Lost or stolen identification 8.4 (1) If a person referred to in subsection 8.3(1) who appears to be 18 years of age or older presents documentation that is issued by a government or a police service and that attests to the loss or theft of the required identification, a screening authority must not allow the person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority (a) screens the person’s identity using alternative forms of identification; and (b) carries out an additional screening of the person, and of any goods in their possession or control, for goods listed or described in the general list of prohibited items. Examples (2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates. SOR/2012-48, s. 2; SOR/2022-92, s. 5. Refusal of entry 8.5 (1) A screening authority must not allow a person referred to in subsection 8.3(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area if (a) the person presents a piece of photo identification and does not resemble the photograph; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Identity Screening Sections 8.5-10 (b) the person presents more than one form of identification and there is a significant discrepancy between those forms of identification; or (c) there is a significant discrepancy between the name on the identification presented by the person and the name on their document of entitlement. Medical exceptions (2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.3(1) if (a) the person’s appearance changed for medical reasons after the photograph was taken and the person presents the screening authority with a document signed by a health care professional and attesting to that fact; or (b) the person’s face is bandaged for medical reasons and the person presents the screening authority with a document signed by a health care professional and attesting to that fact. SOR/2012-48, s. 2; SOR/2022-92, s. 6. Screening for Prohibited Items 9 [Repealed, SOR/2022-92, s. 7] Prohibited items 10 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that (a) are listed or described in the general list of prohibited items; or (b) pose an immediate threat to aviation security. Specific list (2) If the sterile area is for passengers for a flight or class of flight that is listed in the specific list of prohibited items, the screening authority must not permit the person to pass beyond a screening checkpoint into the area unless the screening authority also ensures that the person is not in possession or control of any goods that are listed or described in that list for that flight or class of flight. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Screening for Prohibited Items Sections 11-14.2 Weapons, explosive substances and incendiary devices 11 A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order. Medically necessary goods 12 A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority. 13 [Repealed, SOR/2022-92, s. 8] Circumventing Screening Circumventing screening 14 If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening. Screening of Checked Baggage Use of force 14.1 If a piece of checked baggage is locked or sealed, a screening authority is authorized to use force when it is necessary to gain access to the contents of the piece of checked baggage for the purposes of screening. SOR/2022-92, s. 9. Notice 14.2 (1) When a screening authority uses force to gain access to the contents of a piece of checked baggage that is being screened, the screening authority must notify the person who tendered the checked baggage that it was opened by force. Record (2) The screening authority must create a record of each instance in which force is used to gain access to the contents of a piece of checked baggage that is being screened. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Screening of Checked Baggage Sections 14.2-16 Record keeping (3) The screening authority must keep the record for at least 180 days. Provision of record to Minister (4) The screening authority must provide the record to the Minister on reasonable notice given by the Minister. SOR/2022-92, s. 9. Threat Response Threat response 15 A screening authority at an aerodrome who is made aware of a threat against the aerodrome must (a) immediately notify the operator of the aerodrome of the nature of the threat; and (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Reporting of Security Incidents Items at checkpoint 16 (1) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if a weapon, an explosive substance or an incendiary device is detected at a restricted area access point or in any other part of the aerodrome where the screening of persons or goods is carried out. Exception (2) Subsection (1) does not apply in respect of a weapon, explosive substance or incendiary device that is permitted under subsection 78(2). Items in checked baggage (3) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if any of the following is detected in checked baggage: (a) a loaded firearm; (b) an explosive substance, other than ammunition; or (c) an incendiary device. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Reporting of Security Incidents Sections 16-20 Incidents (4) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome and the Minister of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of the aerodrome where it carries out screening. Security Information Security information 17 A screening authority must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of its screening operations, including (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the screening authority; and (b) a description of the nature of the screening operations related to a particular flight or aerodrome. [18 and 19 reserved] Training Minimum training standards 20 A screening authority must establish and implement in a consistent manner across Canada a training program for screening officers. The training program must be composed of both theoretical and practical training and (a) cover the responsibilities and duties of a screening officer, as well as screening processes; (b) cover the safeguarding of civil aviation operations against acts of unlawful interference, as well as current and emerging aviation security threats and trends; (c) cover the use of screening equipment, and include practical training using the screening equipment; and (d) include on-the-job training provided and supervised by a person who has knowledge of and experience in screening. SOR/2022-92, s. 10. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Training Sections 21-22 Qualifications of instructor 21 The screening authority must ensure that an instructor who provides the training referred to in paragraphs 20(a) to (d) (a) is at least 18 years of age; (b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) has a security clearance; (d) has specialized knowledge of aviation security screening operations; (e) has successfully completed instructor training on aviation security and the screening elements to be taught; and (f) has knowledge of current and emerging aviation security threats and trends and of regulatory requirements related to screening. SOR/2022-92, s. 10. Evaluation 22 (1) The screening authority must evaluate a screening officer candidate who has taken the training referred to in section 20 based on the following criteria: (a) knowledge of the elements referred to in paragraphs 20(a) and (b); and (b) the ability to operate screening equipment and apply the screening processes for persons and goods. Evaluation — X-ray equipment (2) If the screening is to be carried out using X-ray equipment, the evaluation referred to in paragraph (1)(b) must contain an X-ray component that includes (a) the screening of goods that are listed or described in the general list of prohibited items, with an emphasis on explosive substances; (b) the screening of goods that are arranged in a way that creates various levels of difficulty in identifying them; and (c) the use of X-ray image enhancement tools. SOR/2022-92, s. 10. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Training Sections 23-30 Ongoing training program 23 (1) In order for a screening officer to maintain their knowledge and skills, the screening authority must have an ongoing training program that (a) covers changes in screening processes, screening equipment and aviation security threats and trends; and (b) includes a review of any screening issues and gaps. Frequency (2) The program must set out the frequency of ongoing training. Qualified instructor (3) The ongoing training must be provided by an instructor who meets the requirements set out in section 21. Evaluation (4) The screening authority must evaluate the knowledge and skills of the screening officer as soon as feasible. SOR/2022-92, s. 10. Program and examinations 24 The screening authority must provide the Minister, on reasonable notice given by the Minister, with its screening officer training program and the examinations used for evaluations. SOR/2022-92, s. 10. [25 to 29 reserved] Screening Equipment Screening equipment 30 (1) A screening authority must obtain the Minister’s approval before implementing any of the following measures: (a) the use, on a trial basis, of new screening equipment or software; (b) the modification of approved screening equipment or software; or (c) the addition of new screening equipment or software. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Screening Equipment Sections 30-56 Request for approval (2) The screening authority must include the following information in the request for approval for the purposes of subsection (1): (a) the reasons for the implementation of the measures and any supporting documentation from the manufacturer; (b) a description of any proposed modifications to approved screening equipment or software; (c) a list of the performance verification tools approved by the Minister that will be used; and (d) documentation demonstrating that the detection performance of any modified equipment is maintained or enhanced. SOR/2022-92, s. 10. Process — protection of sensitive information 31 (1) A screening authority must implement and maintain a process approved by the Minister for preventing the disclosure of sensitive information respecting aviation security when screening equipment or software is sold, destroyed or otherwise disposed of. Amendment of process (2) If the screening authority intends to amend the process, it must obtain the approval of the Minister before implementing the amended process. SOR/2022-92, s. 10. [32 to 55 reserved] 55 [Repealed, SOR/2022-92, s. 11] Identity Verification System System requirements 56 (1) CATSA must implement and maintain an identity verification system that is able to automatically verify (a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and (b) that the restricted area identity card is active or has been deactivated. Biometrics (2) The verification referred to in paragraph (1)(a) must be carried out by an on-site comparison of the biometric Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Identity Verification System Sections 56-60 data provided by the person and a biometric template stored on the restricted area identity card. Database backup 57 CATSA must regularly back up any database that it uses as part of the identity verification system. Disclosure of information 58 (1) CATSA is authorized to disclose to the Minister or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system. Identity protection (2) CATSA must not collect, use, disclose or retain the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued. Biometric templates 59 (1) If a biometric template created from a fingerprint image or iris image collected from an applicant for a restricted area identity card is disclosed to CATSA by the operator of an aerodrome, CATSA must not use the biometric template for a purpose other than (a) monitoring the quality of biometric templates; or (b) determining if a restricted area identity card is already active in respect of the applicant. Already active card (2) CATSA must notify the Minister if it determines that a restricted area identity card is already active in respect of an applicant. Destruction of templates (3) CATSA must destroy any biometric template that is disclosed to it in connection with an application for a restricted area identity card as soon as feasible in accordance with the Access to Information Act, the Library and Archives of Canada Act, the Privacy Act and any regulations made under those Acts. Protection of information 60 CATSA must take appropriate measures to protect information that is collected, used, retained or disclosed for the purposes of the identity verification system from loss or theft and from unauthorized access, use, disclosure, duplication or alteration. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Identity Verification System Sections 61-63 Activation of cards 61 CATSA must activate a restricted area identity card if the Minister informs CATSA that the applicant for the card has a security clearance and CATSA determines that no restricted area identity card is already active in respect of the applicant. Deactivation of cards 62 CATSA must immediately deactivate a restricted area identity card if the Minister or the operator of an aerodrome asks CATSA to deactivate the card. Business continuity plan 63 (1) CATSA must develop and maintain a business continuity plan — to be implemented in the event that it is unable to use the identity verification system — that sets out (a) how CATSA will maintain an equivalent level of security until normal operations are re-established, including the ability to meet the following objectives: (i) to receive security clearance information from the Minister, (ii) to activate and deactivate restricted area identity cards, and (iii) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated; and (b) how CATSA will re-establish normal operations. Implementation (2) CATSA must implement its business continuity plan and immediately notify the Minister and any affected operator of an aerodrome if it discovers that it is unable to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii). Delay notice (3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if it discovers that it will be unable, for more than 24 hours, to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii) and must immediately inform the Minister and any affected operator of an aerodrome of how it will re-establish normal operations. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 1 Screening Identity Verification System Sections 63-76 Ministerial access (4) CATSA must make its business continuity plan available to the Minister on reasonable notice given by the Minister. SOR/2022-92, s. 12. Records 64 (1) CATSA must keep updated records respecting (a) restricted area identity cards that have been activated; (b) restricted area identity cards that have been deactivated; (c) deactivated restricted area identity cards that have not been retrieved; (d) restricted area identity cards that have been reported as lost or stolen; and (e) blank restricted area identity cards distributed to operators of aerodromes. (f) [Repealed, SOR/2022-92, s. 13] Provision of records to Minister (2) CATSA must provide the Minister with the records on reasonable notice given by the Minister. SOR/2022-92, s. 13. [65 to 75 reserved] PART 3 Weapons, Explosive Substances and Incendiary Devices Overview Part overview 76 This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 3 Weapons, Explosive Substances and Incendiary Devices At Aerodromes Sections 77-78 At Aerodromes Prohibition — sale 77 A person must not sell or offer for sale any of the following goods in a restricted area: (a) a weapon; (b) a model or replica of a weapon; (c) an explosive substance; and (d) an incendiary device. Prohibition — carriage, transportation and access 78 (1) Subject to subsection (2), a person must not carry, transport or have access to a weapon, an explosive substance or an incendiary device at an aerodrome. Exceptions (2) A person described in column 1 of the table to this subsection may, at an aerodrome, carry, transport or have access to the goods set out in column 2 if the conditions set out in column 3 are met. TABLE Column 1 Column 2 Column 3 Item Person Permitted Goods Conditions any person an unloaded firearm a peace officer a weapon and the peace officer is acting ammunition in the course of their duties the pilot-in-command of an aircraft that is operated by an air carrier an unloaded firearm the pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1) the pilot-in-command of an aircraft that is operated by a person other than an air carrier an unloaded firearm and ammunition the pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2) an employee of a an unloaded federal or provincial firearm department or agency who is engaged in wildlife control Current to June 20, 2022 Last amended on May 11, 2022 the person is carrying or transporting the unloaded firearm, or has access to it, for the purpose of transporting it by air as checked baggage or cargo the employee is taking a flight on an aircraft operated by an air carrier and the employee is authorized by the air carrier under subsection 533(1) Canadian Aviation Security Regulations, 2012 PART 3 Weapons, Explosive Substances and Incendiary Devices At Aerodromes Sections 78-79 Column 1 Column 2 Column 3 Item Person Permitted Goods Conditions a person, other than a a firearm and peace officer, who ammunition holds a licence issued under the laws of Canada to carry a firearm the person is engaged in the protection of persons or property at the aerodrome a person, other than a a firearm and peace officer, who ammunition holds a licence issued under the laws of Canada to carry a firearm the person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome any person an explosive substance or incendiary device the person is carrying or transporting the explosive substance or incendiary device, or has access to it, for the purpose of tendering it for transportation by an air carrier any person an explosive substance or incendiary device the person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome Consumption of alcoholic beverages (3) An employee of a federal or provincial department or agency who is engaged in wildlife control, and who carries, transports or has access to an unloaded firearm at an aerodrome, must not consume any alcoholic beverage. On Board Aircraft Weapons 79 (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft. Explosive substances and incendiary devices (2) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft. Exception — air carrier flights (2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier. Exception — air carrier flights (3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier: Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 3 Weapons, Explosive Substances and Incendiary Devices On Board Aircraft Sections 79-80 (a) a peace officer who is authorized by the air carrier under section 531; (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and (c) an employee of a federal or provincial department or agency who is engaged in wildlife control and who is authorized by the air carrier under subsection 533(1). Exception — other operators’ flights (4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2). Consumption of alcoholic beverages (5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm: (a) a peace officer; and (b) an employee of a federal or provincial department or agency who is engaged in wildlife control. SOR/2014-153, s. 4. Transport and Tendering for Transportation General prohibitions 80 (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier: (a) a loaded firearm; (b) an explosive substance other than ammunition; and (c) an incendiary device. Unloaded firearms (2) A person must not tender an unloaded firearm to an air carrier for subsequent acceptance and transportation unless the person declares to the air carrier that the firearm is unloaded. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 3 Weapons, Explosive Substances and Incendiary Devices Transport and Tendering for Transportation Sections 80-83 Exception (3) A person may transport an explosive substance or an incendiary device on board an aircraft operated by an air carrier, or tender it for transportation by an air carrier, if the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome. False Declarations False declarations 81 A person at an aerodrome or on board an aircraft must not falsely declare (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or (b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation. PART 4 Class 1 Aerodromes Overview Part overview 82 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1. Application Application 83 This Part applies in respect of aerodromes listed in Schedule 1. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 1 Prohibited Items Sections 84-86 DIVISION 1 Prohibited Items Overview Division overview 84 This Division completes and supplements the regulatory framework set out in Part 3. Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Authorization 85 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if (a) the explosive substance or incendiary device is to be used at the aerodrome (i) for excavation, demolition or construction work, (ii) in fireworks displays, (iii) by persons operating explosives detection equipment or handling explosives detection dogs, (iv) by a police service, or (v) by military personnel; and (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device. Availability of Prohibited Items Prohibition — sterile area 86 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 1 Prohibited Items Availability of Prohibited Items Sections 86-90 Exception — liquids, aerosols and gels (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure. Exception — knives (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome. SOR/2012-48, s. 3. [87 reserved] DIVISION 2 Threats and Incidents Overview Division overview 88 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome. Threat Response Area under operator’s control 89 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome. SOR/2019-149, s. 3. Area under control of other person 90 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately (a) notify the person of the nature of the threat; and (b) determine whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 2 Threats and Incidents Threat Response Sections 91-94 Threats 91 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Duties of other person 92 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must (a) immediately notify the operator of the aerodrome of the nature of the threat; and (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats identified by other person 93 If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Information Reporting Security incidents 94 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur: (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2); (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays; (c) a threat against the aerodrome; and (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control. SOR/2019-149, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 2 Threats and Incidents Information Reporting Sections 95-99 Commercial air service information 95 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building. DIVISION 3 AVSEC Levels Overview Division overview 96 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions. SOR/2014-153, s. 5. AVSEC Level Requirements Additional safeguards 97 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions: (a) determine which additional safeguards are likely to mitigate the heightened risk condition; (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition; (c) implement or continue to implement the additional safeguards; and (d) notify the Minister of the additional safeguards that are being or will be implemented. SOR/2014-153, s. 5. Notification 98 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 97(b). SOR/2014-153, s. 5. Legal powers and obligations 99 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 3 AVSEC Levels AVSEC Level Requirements Sections 99-113 additional safeguards that are inconsistent with the operator’s legal powers and obligations. SOR/2014-153, s. 5. [100 to 107 reserved] DIVISION 4 Personnel and Training Overview Division overview 108 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome. SOR/2014-153, s. 75. [109 and 110 reserved] Security Official [SOR/2014-153, s. 6] Interpretation 111 A security official of an aerodrome is an individual who is responsible for (a) coordinating and overseeing security controls and procedures at the aerodrome; and (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program. Requirement 112 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official. Contact information (2) The operator of the aerodrome must provide the Minister with (a) the name of each security official and acting security official; and (b) 24-hour contact information for those officials. 113 [Repealed, SOR/2014-153, s. 7] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 4 Personnel and Training Security Official Sections 114-116 114 [Repealed, SOR/2014-153, s. 7] [113 and 114 reserved] Aerodrome Security Personnel Initial training 115 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility. Training elements (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodromerelated security roles and responsibilities of the personnel: (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements; (b) the security controls and procedures at the aerodrome where the personnel are employed; (c) systems and equipment at the aerodrome; (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation; (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation. Grandfathering (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training. SOR/2014-153, s. 8. Follow-up training 116 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise: Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 4 Personnel and Training Aerodrome Security Personnel Sections 116-117 (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel; (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodromerelated security roles and responsibilities of the personnel; (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel. Follow-up training (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome. Training elements (3) Follow-up training must include (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and (b) instruction and evaluation in relation to that circumstance. SOR/2014-153, s. 8. On-the-job training 117 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1. SOR/2014-153, s. 8. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 4 Personnel and Training Aerodrome Security Personnel Sections 118-121 Training records 118 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 115 or 116, there is a training record that includes (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities; (b) a description of all the training that the individual has received in accordance with section 115 or 116; and (c) evaluation results for all the training that the individual has received in accordance with section 115 or 116. Record keeping (2) The operator of the aerodrome must keep the training record for at least two years. Ministerial access (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister. SOR/2014-153, s. 8. [119 reserved] DIVISION 5 Facilitation of Screening Overview Division overview 120 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome. SOR/2012-48, s. 4. Screening of Passengers Passenger screening facilities 121 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers. SOR/2012-48, s. 4; SOR/2014-153, s. 9. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 5 Facilitation of Screening Screening of Passengers Sections 122-124 False declaration notice 122 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or (b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation. Official languages (2) The notice must be clearly visible and be in at least both official languages. SOR/2012-48, s. 4; SOR/2014-153, s. 9. Screening of Non-passengers Non-passenger screening facilities 123 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas. SOR/2012-48, s. 4. Non-passenger access to restricted areas 123.1 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out. SOR/2014-161, s. 1. Notice — liquids, aerosols or gels 124 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas. SOR/2012-48, s. 4. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 5 Facilitation of Screening Screening of Checked Baggage Sections 125-128 Screening of Checked Baggage Checked baggage screening facilities 125 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage. SOR/2012-48, s. 4; SOR/2014-153, s. 10. Baggage Handling Systems No change without agreement 126 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA. SOR/2012-48, s. 4. DIVISION 6 Access Controls Overview Division overview 127 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes. Signs Sign requirements 128 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must (a) be in at least both official languages; (b) identify the restricted area as a restricted area; and (c) state that access to the area is restricted to authorized persons. Signs on security barriers (2) The signs posted on a security barrier must be no more than 150 m apart. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 6 Access Controls Restricted Area Access Points Sections 129-133 Restricted Area Access Points Access control system 129 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements: (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area; (b) manual locking equipment; and (c) automated access control equipment. SOR/2012-48, s. 5. Passenger loading bridge 130 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked. SOR/2012-48, s. 5. Prohibition 131 A person must not enter a restricted area at an aerodrome except through a restricted area access point. Baggage Handling Systems Prevention of unauthorized access 132 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area. SOR/2012-48, s. 6. Doors, Gates, Emergency Exits and Other Devices Duty to close and lock — operators 133 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if (a) the operator has control of and responsibility for the door, gate or other device; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 6 Access Controls Doors, Gates, Emergency Exits and Other Devices Sections 133-135 (b) the door, gate or other device allows access between a restricted area and a non-restricted area. Emergency exit system (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if (a) the operator has control of and responsibility for the emergency exit; and (b) the emergency exit allows access between a restricted area and a non-restricted area. Duty to close and lock — partners and lessees 134 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if (a) the partner or lessee has control of and responsibility for the door, gate or other device; and (b) the door, gate or other device allows access between a restricted area and a non-restricted area. Emergency exit system (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if (a) the partner has control of and responsibility for the emergency exit; and (b) the emergency exit allows access between a restricted area and a non-restricted area. Temporary use or control 135 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 6 Access Controls Doors, Gates, Emergency Exits and Other Devices Sections 136-139 Uncontrolled restricted area access point 136 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must (a) lock the door, gate or other device that allows access to or from the restricted area; and (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked. Preventing locking 137 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked. Emergency exits 138 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless (a) the person is authorized by the operator of the aerodrome to open it; or (b) there is an emergency. Unauthorized Access Prohibition 139 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization. Restricted areas (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met. Non-public areas other than restricted areas (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 6 Access Controls Unauthorized Access Sections 139-142 Non-public areas other than restricted areas (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. SOR/2014-153, s. 11. Inspectors Requirement to allow access 140 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials. SOR/2012-48, s. 7. DIVISION 7 Documents of Entitlement Division overview 141 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity cards are set out in Division 8. SOR/2012-48, s. 8. List of documents 142 (1) Only the following documents are documents of entitlement at an aerodrome: (a) a restricted area identity card; (b) a temporary pass issued by the operator of the aerodrome; (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome; (d) a passenger escort form that is approved by the operator of the aerodrome; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 7 Documents of Entitlement Sections 142-144 (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure. Pilot’s licence (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and (a) is acting in the course of their employment; or (b) requires access to an aircraft that they own or operate. SOR/2012-48, s. 8; SOR/2014-153, s. 12. DIVISION 8 Enhanced Access Controls Overview Division overview 143 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56. Identity Verification System Disclosure of information 144 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system. Identity protection (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Identity Verification System Sections 144-145 system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs. Information To Be Displayed on a Restricted Area Identity Card Required information 145 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues: (a) the full name of the person to whom the card is issued; (b) [Repealed, SOR/2022-92, s. 15] (c) a photograph depicting a frontal view of the person’s face; (d) the expiry date of the card; (e) the name of the aerodrome where the card is issued; (f) the name of the person’s employer, if the person has a single employer; (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer. (h) [Repealed, SOR/2022-92, s. 15] (i) [Repealed, SOR/2022-92, s. 15] Expiration date (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier. (3) [Repealed, SOR/2022-92, s. 15] Official languages (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages. SOR/2022-92, s. 15. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 146-150 Issuance of Restricted Area Identity Cards Issuance criteria 146 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person (a) applies in writing; (b) is sponsored in writing by their employer; (c) has a security clearance; (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and (e) confirms that the information displayed on the card is correct. Activation requirement (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated. False information 147 A person must not provide false information for the purpose of obtaining a restricted area identity card. Sponsorship 148 An employer must not (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or (b) knowingly sponsor an employee for more than one restricted area identity card at a time. Issuance of multiple cards 149 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person. Replacement of cards 150 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 150-154 (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and (b) the person still has a security clearance. Requirement to inform 151 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed. Collection of information 152 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant: (a) the applicant’s full name; (b) the applicant’s height; (c) a photograph depicting a frontal view of the applicant’s face; (d) the applicant’s fingerprint images and iris images; (e) the name of the applicant’s employer; and (f) the applicant’s occupation. Destruction of images and templates (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card. Quality control 153 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant. Protection of information 154 The operator of an aerodrome must take appropriate measures to protect information that is collected, Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 154-156 used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration. Deactivation of Restricted Area Identity Cards Deactivation request 155 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if (a) the card expires; (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer. Reason for deactivation (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request. Prohibition (2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1). Notification of Minister (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card. SOR/2014-153, s. 13. Change in employment 156 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Deactivation of Restricted Area Identity Cards Sections 156-160 longer requires ongoing access to restricted areas in the course of their employment. Duty of employer 157 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment. Retrieval of cards 158 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved. Return of cards (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen. Destruction of cards (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned. SOR/2022-92, s. 16. Keys, Combination Codes and Personal Identification Codes Issuance or assignment 159 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area. Addition of key 160 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Keys, Combination Codes and Personal Identification Codes Sections 161-163 Protection of information 161 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued. Cancellation, withdrawal or retrieval 162 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if (a) the person’s restricted area identity card has been deactivated; or (b) the person no longer requires ongoing access to the restricted area in the course of their employment. Records General requirement 163 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting (a) restricted area identity cards and keys that have been issued; (b) the names of the persons to whom restricted area identity cards or keys have been issued; (c) the names of the persons to whom combination codes or personal identification codes have been assigned; (d) blank restricted area identity cards in the operator’s possession; (e) restricted area identity cards that have been deactivated; (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved; (g) deactivated restricted area identity cards that have not been retrieved by the operator; (h) restricted area identity cards that have been reported as lost or stolen; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Records Sections 163-165 (i) steps taken to retrieve deactivated restricted area identity cards; (j) compliance with section 151; and (k) restricted area identity cards that have been destroyed. Deactivated cards (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated. Lost or stolen cards (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date. Provision to Minister (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister. SOR/2022-92, s. 17. Restricted Area Access Control Process Use of identity verification system 164 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system. Control of Access to Restricted Areas Unauthorized access prohibition 165 A person must not enter or remain in a restricted area unless the person (a) is a person to whom a restricted area identity card has been issued; or (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area. SOR/2012-48, s. 9. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Control of Access to Restricted Areas Sections 166-169 Restricted area identity cards — conditions of use 166 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless (a) they are acting in the course of their employment; (b) the card is in their possession; (c) the card is active; and (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area. Exception (2) Paragraph (1)(d) does not apply to crew members. Display of restricted area identity cards 167 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times. Display of temporary passes (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times. SOR/2014-153, s. 14. Oversight 168 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of (a) an active restricted area identity card that has been issued to the person; or (b) a document of entitlement, other than a restricted area identity card, for the restricted area. SOR/2012-48, s. 10. Business Continuity Plans Business continuity plans 169 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Business Continuity Plans Sections 169-171 operations and comply with section 168 in the event that the operator is unable to use its restricted area access control process to comply with that section. Implementation (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 168. Notification of delay (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 168. Ministerial access (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister. SOR/2022-92, s. 18. Database backup 170 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system. Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes General prohibitions 171 (1) A person must not (a) lend or give a restricted area identity card or a key that has been issued to them to another person; (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome; (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator; (d) use a restricted area identity card or a key that has been issued to another person; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes Sections 171-175 (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person; (f) use a counterfeit restricted area identity card or a counterfeit key; or (g) make a copy of a restricted area identity card or a key. Disclosure or use of codes (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not (a) disclose a combination code or personal identification code; or (b) use another person’s combination code or personal identification code. Report of loss or theft 172 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key. Employer’s duty to report (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key. Report of non-functioning card 173 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card. 174 [Repealed, SOR/2014-153, s. 15] Presentation and Surrender of Restricted Area Identity Cards Presentation on demand 175 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer. Presentation during screening (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Presentation and Surrender of Restricted Area Identity Cards Sections 175-177 area must, on demand, present the card to the screening officer. Surrender on demand 176 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer. Demand by Minister or operator (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the surrender of the card is required to ensure aviation security. Demand by screening officer (3) A screening officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening. Demand by peace officer (4) A peace officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; or (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat. Return of cards 177 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Presentation and Surrender of Restricted Area Identity Cards Sections 177-181 is surrendered or to the operator of an aerodrome who issued the card. Notification of Minister 178 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176(2)(c). Escort and Surveillance General requirement 179 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance. Exceptions (2) This section does not apply in respect of the following persons: (a) passengers who have been screened; and (b) inspectors. Escort ratio 180 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort. Surveillance ratio (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person. Requirement to remain together 181 (1) A person under escort must remain with the escort while the person is in a restricted area. Idem (2) An escort must remain with the person under escort while the person is in a restricted area. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Escort and Surveillance Sections 181-184 Requirement to inform (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area. Screening requirement 182 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area. Exception — conveyances 183 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them. Exception to exception (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180. Escort conveyances 184 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations; (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Inspectors Sections 185-188 Inspectors Exemption 185 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area. Inspector’s credentials 186 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome. Escort privileges 187 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; (c) remains with the person while the person is in the restricted area; (d) ensures that the person remains with the inspector while the person is in the restricted area; and (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area. Conveyance escort privileges 188 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; and (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 8 Enhanced Access Controls Inspectors Sections 188-190 Additional conditions (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must (a) remain with the person; and (b) ensure that the person remains with the inspector. Idem (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance. Idem (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance. DIVISION 9 Airport Security Programs Overview Division overview 189 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome. SOR/2014-153, s. 16. Interpretation Processes and procedures 190 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process. SOR/2014-153, s. 16. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Airport Security Program Requirements Section 191 Airport Security Program Requirements Requirement to establish and implement 191 (1) The operator of an aerodrome must establish and implement an airport security program. Program requirements (2) As part of its airport security program, the operator of an aerodrome must (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups; (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups; (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives; (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment; (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact; (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons: (i) persons who are employed at the aerodrome, (ii) crew members who are based at the aerodrome, and (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment; (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security; (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Airport Security Program Requirements Section 191 (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access; (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities: (i) persons who are employed at the aerodrome, and (ii) persons who require access to the aerodrome in the course of their employment; (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator. Other program requirements (3) The following also form part of the airport security program: (a) the security official referred to in section 112; (b) the aerodrome security personnel training referred to in sections 115 and 116; (c) the security committee or other working group or forum referred to in section 195; (d) the multi-agency advisory committee referred to in section 196; (e) the airport security risk assessment referred to in section 197; (f) the strategic airport security plan referred to in section 202; (g) the emergency plan referred to in section 206; and (h) the security exercises referred to in sections 207 and 208. SOR/2012-48, ss. 11, 65(F); SOR/2014-153, s. 16. [192 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Airport Security Program Requirements Sections 193-195 Documentation 193 (1) The operator of an aerodrome must (a) keep documentation related to its airport security risk assessment and any review of it for at least five years; (b) keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and (c) keep all other documentation related to its airport security program for at least two years. Ministerial access (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister. SOR/2014-153, s. 16. Requirement to amend 194 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program. SOR/2014-153, s. 16. Committees Security committee 195 (1) The operator of an aerodrome must have a security committee or other working group or forum that (a) advises the operator on the development of controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; (b) helps coordinate the implementation of the controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and (c) promotes the sharing of information respecting the airport security program. Terms of reference (2) The operator of the aerodrome must manage the security committee or other working group or forum in accordance with written terms of reference that Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Committees Sections 195-196 (a) identify its membership; and (b) define the roles and responsibilities of each member. Records (3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum. SOR/2014-153, s. 16. Multi-agency advisory committee 196 (1) The operator of an aerodrome must have a multi-agency advisory committee. Membership (2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee: (a) the Department of Transport; (b) CATSA; (c) the police service with jurisdiction at the aerodrome; (d) the Royal Canadian Mounted Police; (e) the Canadian Security Intelligence Service; and (f) the Canada Border Services Agency. Terms of reference (3) The operator of the aerodrome must manage the multi-agency advisory committee in accordance with written terms of reference. Objectives (4) The objectives of the multi-agency advisory committee are (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome. Records (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee. SOR/2014-153, s. 16. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Airport Security Risk Assessments Sections 197-199 Airport Security Risk Assessments Airport security risk assessments 197 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements: (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome; (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation; (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of (i) a decrease in public safety and security, (ii) financial and economic loss, and (iii) a loss of public confidence. SOR/2014-153, s. 16. Submission for approval 198 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval. SOR/2014-153, s. 16. Requirement to consult 199 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is (a) preparing its airport security risk assessment for submission to the Minister for approval; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Airport Security Risk Assessments Sections 199-200 (b) conducting a review of its airport security risk assessment. SOR/2014-153, s. 16. Airport security risk assessment — annual review 200 (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year. Airport security risk assessment — other reviews (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security; (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome; (c) an environmental or operational change at the aerodrome could affect aerodrome security; (d) a change in regulatory requirements could affect aerodrome security; (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk. Equivalency (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1). Documentation (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy; (b) the reasons for that decision; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Airport Security Risk Assessments Sections 200-202 (c) the factors that were taken into consideration in making that decision. Notification (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment (a) to include a new medium to high risk; or (b) to raise or lower the level of a risk within the medium to high range. SOR/2014-153, s. 16. Approval 201 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if (a) the assessment meets the requirements of section 197; (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the operator has considered risk information provided by its multi-agency advisory committee; (d) the operator has considered all available and relevant information; and (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome. SOR/2014-153, s. 16. Strategic Airport Security Plans Strategic airport security plans 202 (1) The operator of an aerodrome must establish a strategic airport security plan that (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Strategic Airport Security Plans Section 202 (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment; and (c) sets out a menu of additional safeguards that are (i) intended to mitigate heightened risk conditions in a graduated manner, and (ii) consistent with the operator’s legal powers and obligations. Menu of additional safeguards (2) The menu of additional safeguards must (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions; (b) allow the rapid selection of additional safeguards by activity type or location; and (c) indicate the persons and organizations responsible for implementing each additional safeguard. Activity types (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include (a) access controls; (b) monitoring and patrolling; (c) communications; and (d) other operational controls. Locations (4) For the purposes of paragraphs (2)(a) and (b), the locations must include (a) public areas of the aerodrome; (b) areas of the aerodrome that are not public areas but are not restricted areas; and (c) restricted areas. SOR/2014-153, s. 16. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Strategic Airport Security Plans Sections 203-205.1 Requirement to consult 203 The operator of an aerodrome must consult its multi-agency advisory committee when the operator (a) establishes its strategic airport security plan; and (b) amends its strategic airport security plan under subsection 205.2(1). SOR/2014-153, s. 16. Requirement to submit 204 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval. SOR/2014-153, s. 16. Requirement to implement 205 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy. SOR/2014-153, s. 16. Approval of plan 205.1 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if (a) the plan meets the requirements of section 202; (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; (d) the risk-management strategy is in proportion to the risks it addresses; (e) the operator has considered the advice of its multiagency advisory committee; (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; (g) the additional safeguards can be implemented rapidly and consistently; (h) the additional safeguards are consistent with existing rights and freedoms; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Strategic Airport Security Plans Sections 205.1-205.2 (i) the plan can be implemented without compromising aviation security. SOR/2014-153, s. 16. Amendments 205.2 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if (a) the plan does not reflect the operator’s most recent airport security risk assessment; (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk; (c) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards; (d) the Minister informs the operator that its riskmanagement strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; (e) the operator identifies a deficiency in the plan; or (f) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards. Documentation (2) If the operator of the aerodrome amends its strategic airport security plan, the operator must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Submission of amendment (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (4) The Minister must approve an amendment if Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Strategic Airport Security Plans Sections 205.2-206 (a) in the case of an amendment to the summary required under paragraph 202(1)(a), the conditions set out in paragraphs 205.1(a) to (c) have been met; (b) in the case of an amendment to the risk-management strategy required under paragraph 202(1)(b), the conditions set out in paragraphs 205.1(a) to (f) and (i) have been met; and (c) in the case of an amendment to the menu of additional safeguards required under paragraph 202(1)(c), the conditions set out in paragraphs 205.1(a), (b) and (f) to (i) have been met. Implementation (5) If the operator of the aerodrome amends its riskmanagement strategy, the operator must implement the amended version of the strategy once it is approved by the Minister. SOR/2014-153, s. 16. Emergency Plans Plan requirements 206 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies: (a) bomb threats; (b) hijackings of aircraft; and (c) other acts of unlawful interference with civil aviation. Response procedures (2) The response procedures must (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel; (b) include detailed procedures for the evacuation of air terminal buildings; (c) include detailed procedures for the search of air terminal buildings; (d) include detailed procedures for the handling and disposal of a suspected bomb; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Emergency Plans Sections 206-208 (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking. SOR/2012-48, s. 12; SOR/2014-153, s. 16. Security Exercises Operations-based security exercise 207 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Equivalency (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1). SOR/2012-48, s. 12; SOR/2014-153, s. 16. Discussion-based security exercise 208 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Exception (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Security Exercises Sections 208-210 exercise in any year in which it carries out an operationsbased security exercise. SOR/2012-48, s. 12; SOR/2014-153, s. 16. Notice 209 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out. SOR/2014-153, s. 16. Records Additional safeguards 210 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes (a) a description of the additional safeguards that were implemented; (b) an evaluation of the effectiveness of those additional safeguards; and (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards. Emergencies (2) Each time an emergency referred to in subsection 206(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes (a) a description of the emergency; (b) an evaluation of the effectiveness of the operator’s emergency plan; and (c) a description of any actions that are planned in order to address deficiencies identified during the emergency. Exercises (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes (a) an outline of the exercise scenario; (b) an evaluation of the effectiveness of the exercise; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 9 Airport Security Programs Records Sections 210-213 (c) a description of any actions that are planned in order to address deficiencies identified during the exercise. SOR/2012-48, s. 12; SOR/2014-153, s. 16. Corrective Actions Corrective actions 211 Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that (a) is identified to the operator by the Minister; or (b) is identified by the operator. SOR/2014-153, s. 16. Corrective action plan 212 If a corrective action to be taken by the operator of an aerodrome under section 211 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out (a) the nature of the vulnerability to be addressed; (b) a rationale for the phased approach; and (c) a timetable setting out when each phase of the corrective action plan will be completed. SOR/2014-153, s. 16. Disclosure of Information Prohibition 213 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction. SOR/2014-153, s. 16. DIVISION 10 Reserved [214 to 223 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 11 Primary Security Line Partners Sections 224-226 DIVISION 11 Primary Security Line Partners Overview Division overview 224 This Division sets out the role of a primary security line partner in supporting the establishment and implementation of an effective airport security program by the operator of an aerodrome. SOR/2014-153, s. 16. Security Official Interpretation 225 A security official of a primary security line partner at an aerodrome is an individual who is responsible for (a) coordinating and overseeing compliance with the regulatory requirements that apply to the partner under this Part; and (b) acting as the principal contact between the partner, the operator of the aerodrome and the Minister with respect to security matters, including compliance with the regulatory requirements that apply to the partner under this Part. SOR/2014-153, s. 16. One security official at all times 226 (1) A primary security line partner at an aerodrome must have, at all times, at least one security official or acting security official. Contact information (2) The primary security line partner must provide the operator of the aerodrome and the Minister with (a) the name of each security official and acting security official; and (b) 24-hour contact information for those officials. SOR/2014-153, s. 16. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 11 Primary Security Line Partners Support for Airport Security Programs Section 227 Support for Airport Security Programs Requirements 227 At each aerodrome where a primary security line partner carries out operations, the partner must (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups and contractor groups that require access to restricted areas at the aerodrome in the course of their employment; (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups and document how that information is communicated; (c) establish, implement and document a security awareness program that promotes a culture of security vigilance and awareness among its employees and contractors if the security awareness program of the operator of the aerodrome does not cover matters that are unique to the partner’s operations; (d) document the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; (e) create a document that (i) describes each area on the aerodrome’s primary security line that is occupied by the partner, (ii) indicates the location of each restricted area access point in those areas, and (iii) describes those restricted area access points; (f) establish, implement and document a process for receiving, retaining, disclosing and disposing of sensitive information respecting aerodrome security in order to protect the information from unauthorized access; and (g) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aerodrome security in a manner that protects the information from unauthorized access. SOR/2014-153, s. 16. [228 to 230 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 11 Primary Security Line Partners Provision of Information Sections 231-235 Provision of Information Provision of information to operator of aerodrome 231 (1) At each aerodrome where a primary security line partner carries out operations, the partner must provide the operator of the aerodrome with the information that is documented or created under this Division on reasonable notice given by the operator. Provision to Minister (2) The primary security line partner must provide the Minister with the same information on reasonable notice given by the Minister. SOR/2014-153, s. 16. [232 and 233 reserved] Corrective Actions Corrective actions 234 (1) Subject to section 235, a primary security line partner must immediately take corrective actions to address a vulnerability that contributes to an aerodromerelated security risk and that (a) is identified to the partner by the Minister; (b) is identified to the partner by the operator of the aerodrome where the partner carries out operations; or (c) is identified by the partner. Notification (2) If a primary security line partner takes corrective actions at an aerodrome, the primary security line partner must immediately notify the operator of the aerodrome. SOR/2014-153, s. 16. Corrective action plan 235 If a corrective action to be taken by a primary security line partner under section 234 involves a phased approach, the primary security line partner must provide the Minister and the operator of the aerodrome with a corrective action plan that sets out (a) the nature of the vulnerability to be addressed; (b) a rationale for the phased approach; and (c) a timetable setting out when each phase of the corrective action plan will be completed. SOR/2014-153, s. 16. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 11 Primary Security Line Partners Disclosure of Information Sections 235.1-238 Disclosure of Information Prohibition 235.1 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction. SOR/2014-153, s. 16. DIVISION 12 Other Aerodrome Operations Overview Division overview 236 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part. SOR/2012-48, s. 13. Construction Plans Requirement to notify Minister 237 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail. Notice requirements (2) The notice must (a) be in writing; (b) state the date on which the construction will begin or the change will be made; and (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities. SOR/2012-48, s. 13. 238 [Repealed, SOR/2019-183, s. 13] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 4 Class 1 Aerodromes DIVISION 12 Other Aerodrome Operations Construction Plans Sections 246-249 [239 to 245 reserved] PART 5 Class 2 Aerodromes Overview Part overview 246 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2. Application Application 247 This Part applies in respect of aerodromes listed in Schedule 2. DIVISION 1 Prohibited Items Overview Division overview 248 This Division completes and supplements the regulatory framework set out in Part 3. Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Authorization 249 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if (a) the explosive substance or incendiary device is to be used at the aerodrome (i) for excavation, demolition or construction work, (ii) in fireworks displays, (iii) by persons operating explosives detection equipment or handling explosives detection dogs, (iv) by a police service, or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 1 Prohibited Items Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Sections 249-253 (v) by military personnel; and (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device. Availability of Prohibited Items Prohibition — sterile area 250 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area. Exception — liquids, aerosols and gels (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure. Exception — knives (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome. SOR/2012-48, s. 14. [251 reserved] DIVISION 2 Threats and Incidents Overview Division overview 252 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome. Threat Response Area under operator’s control 253 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 2 Threats and Incidents Threat Response Sections 253-257 immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome. SOR/2019-149, s. 3. Area under control of other person 254 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately (a) notify the person of the nature of the threat; and (b) determine whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats 255 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Duties of other person 256 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must (a) immediately notify the operator of the aerodrome of the nature of the threat; and (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats identified by other person 257 If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 2 Threats and Incidents Information Reporting Sections 258-261 Information Reporting Security incidents 258 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur: (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2); (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays; (c) a threat against the aerodrome; and (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control. SOR/2019-149, s. 3. Commercial air service information 259 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building. DIVISION 3 AVSEC Levels Overview Division overview 260 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions. SOR/2014-153, s. 17. AVSEC Level Requirements Additional safeguards 261 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions: (a) determine which additional safeguards are likely to mitigate the heightened risk condition; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 3 AVSEC Levels AVSEC Level Requirements Sections 261-269 (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition; (c) implement or continue to implement the additional safeguards; and (d) notify the Minister of the additional safeguards that are being or will be implemented. SOR/2014-153, s. 17. Notification 262 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 261(b). SOR/2014-153, s. 17. Legal powers and obligations 263 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations. SOR/2014-153, s. 17. [264 and 265 reserved] DIVISION 4 Personnel and Training Overview Division overview 266 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome. SOR/2014-153, s. 75. [267 and 268 reserved] Security Official [SOR/2014-153, s. 18] Interpretation 269 A security official of an aerodrome is an individual who is responsible for (a) coordinating and overseeing security controls and procedures at the aerodrome; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 4 Personnel and Training Security Official Sections 269-271 (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program. Requirement 270 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official. Contact information (2) The operator of the aerodrome must provide the Minister with (a) the name of each security official and acting security official; and (b) 24-hour contact information for those officials. Aerodrome Security Personnel Initial training 271 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility. Training elements (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodromerelated security roles and responsibilities of the personnel: (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements; (b) the security controls and procedures at the aerodrome where the personnel are employed; (c) systems and equipment at the aerodrome; (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation; (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 4 Personnel and Training Aerodrome Security Personnel Sections 271-272 (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation. Grandfathering (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training. SOR/2014-153, s. 19. Follow-up training 272 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise: (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel; (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodromerelated security roles and responsibilities of the personnel; (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel. Follow-up training (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome. Training elements (3) Follow-up training must include Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 4 Personnel and Training Aerodrome Security Personnel Sections 272-274 (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and (b) instruction and evaluation in relation to that circumstance. SOR/2014-153, s. 19. On-the-job training 273 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1 or 2. SOR/2014-153, s. 19. Training records 274 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 271 or 272, there is a training record that includes (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities; (b) a description of all the training that the individual has received in accordance with section 271 or 272; and (c) evaluation results for all the training that the individual has received in accordance with section 271 or 272. Record keeping (2) The operator of the aerodrome must keep the training record for at least two years. Ministerial access (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister. SOR/2014-153, s. 19. [275 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 5 Facilitation of Screening Sections 276-278 DIVISION 5 Facilitation of Screening Overview Division overview 276 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome. SOR/2012-48, s. 15. Screening of Passengers Passenger screening facilities 277 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers. SOR/2012-48, s. 15; SOR/2014-153, s. 20. False declaration notice 278 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or (b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation. Official languages (2) The notice must be clearly visible and be in at least both official languages. SOR/2012-48, s. 15; SOR/2014-153, s. 20. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 5 Facilitation of Screening Screening of Non-passengers Sections 279-282 Screening of Non-passengers Non-passenger screening facilities 279 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas. SOR/2012-48, s. 15. Non-passenger access to restricted areas 279.1 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out. SOR/2014-161, s. 2. Notice — liquids, aerosols or gels 280 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas. SOR/2012-48, s. 15. Screening of Checked Baggage Checked baggage screening facilities 281 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage. SOR/2012-48, s. 15; SOR/2014-153, s. 21. Baggage Handling Systems No change without agreement 282 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA. SOR/2012-48, s. 15. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 6 Access Controls Sections 283-286 DIVISION 6 Access Controls Overview Division overview 283 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes. Signs Sign requirements 284 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must (a) be in at least both official languages; (b) identify the restricted area as a restricted area; and (c) state that access to the area is restricted to authorized persons. Signs on security barriers (2) The signs posted on a security barrier must be no more than 150 m apart. Restricted Area Access Points Access control system 285 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements: (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area; (b) manual locking equipment; and (c) automated access control equipment. SOR/2012-48, s. 16. Passenger loading bridge 286 The operator of an aerodrome must ensure that each restricted area access point that is located between Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 6 Access Controls Restricted Area Access Points Sections 286-290 an air terminal building and a passenger loading bridge has a door that can be locked. SOR/2012-48, s. 16. Prohibition 287 A person must not enter a restricted area at an aerodrome except through a restricted area access point. Baggage Handling Systems Prevention of unauthorized access 288 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area. SOR/2012-48, s. 17. Doors, Gates, Emergency Exits and Other Devices Duty to close and lock — operators 289 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if (a) the operator has control of and responsibility for the door, gate or other device; and (b) the door, gate or other device allows access between a restricted area and a non-restricted area. Emergency exit system (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if (a) the operator has control of and responsibility for the emergency exit; and (b) the emergency exit allows access between a restricted area and a non-restricted area. Duty to close and lock — partners and lessees 290 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 6 Access Controls Doors, Gates, Emergency Exits and Other Devices Sections 290-293 (a) the partner or lessee has control of and responsibility for the door, gate or other device; and (b) the door, gate or other device allows access between a restricted area and a non-restricted area. Emergency exit system (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if (a) the partner has control of and responsibility for the emergency exit; and (b) the emergency exit allows access between a restricted area and a non-restricted area. Temporary use or control 291 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons. Uncontrolled restricted area access point 292 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must (a) lock the door, gate or other device that allows access to or from the restricted area; and (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked. Preventing locking 293 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 6 Access Controls Doors, Gates, Emergency Exits and Other Devices Sections 294-296 Emergency exits 294 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless (a) the person is authorized by the operator of the aerodrome to open it; or (b) there is an emergency. Unauthorized Access Prohibition 295 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization. Restricted areas (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met. Non-public areas other than restricted areas (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. Non-public areas other than restricted areas (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. SOR/2014-153, s. 22. Inspectors Requirement to allow access 296 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials. SOR/2012-48, s. 18. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 7 Documents of Entitlement Sections 297-298 DIVISION 7 Documents of Entitlement Division overview 297 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity card are set out in Division 8. SOR/2012-48, s. 19. List of documents 298 (1) Only the following documents are documents of entitlement at an aerodrome: (a) a restricted area identity card; (b) a temporary pass issued by the operator of the aerodrome; (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome; (d) a passenger escort form that is approved by the operator of the aerodrome; (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure. Pilot’s licence (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and (a) is acting in the course of their employment; or (b) requires access to an aircraft that they own or operate. SOR/2012-48, s. 19; SOR/2014-153, s. 23. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Sections 299-301 DIVISION 8 Enhanced Access Controls Overview Division overview 299 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56. Identity Verification System Disclosure of information 300 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system. Identity protection (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs. Information To Be Displayed on a Restricted Area Identity Card Required information 301 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues: (a) the full name of the person to whom the card is issued; (b) [Repealed, SOR/2022-92, s. 19] (c) a photograph depicting a frontal view of the person’s face; (d) the expiry date of the card; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Information To Be Displayed on a Restricted Area Identity Card Sections 301-302 (e) the name of the aerodrome where the card is issued; (f) the name of the person’s employer, if the person has a single employer; (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer. (h) [Repealed, SOR/2022-92, s. 19] (i) [Repealed, SOR/2022-92, s. 19] Expiration date (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier. (3) [Repealed, SOR/2022-92, s. 19] Official languages (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages. SOR/2022-92, s. 19. Issuance of Restricted Area Identity Cards Issuance criteria 302 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person (a) applies in writing; (b) is sponsored in writing by their employer; (c) has a security clearance; (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and (e) confirms that the information displayed on the card is correct. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 302-308 Activation requirement (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated. False information 303 A person must not provide false information for the purpose of obtaining a restricted area identity card. Sponsorship 304 An employer must not (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or (b) knowingly sponsor an employee for more than one restricted area identity card at a time. Issuance of multiple cards 305 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person. Replacement of cards 306 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and (b) the person still has a security clearance. Requirement to inform 307 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed. Collection of information 308 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant: (a) the applicant’s full name; (b) the applicant’s height; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 308-311 (c) a photograph depicting a frontal view of the applicant’s face; (d) the applicant’s fingerprint images and iris images; (e) the name of the applicant’s employer; and (f) the applicant’s occupation. Destruction of images and templates (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card. Quality control 309 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant. Protection of information 310 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration. Deactivation of Restricted Area Identity Cards Deactivation request 311 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if (a) the card expires; (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Deactivation of Restricted Area Identity Cards Sections 311-314 Reason for deactivation (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request. Prohibition (2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1). Notification of Minister (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card. SOR/2014-153, s. 24. Change in employment 312 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment. Duty of employer 313 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment. Retrieval of cards 314 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved. Return of cards (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Deactivation of Restricted Area Identity Cards Sections 314-318 Destruction of cards (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned. SOR/2022-92, s. 20. Keys, Combination Codes and Personal Identification Codes Issuance or assignment 315 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area. Addition of key 316 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card. Protection of information 317 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued. Cancellation, withdrawal or retrieval 318 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if (a) the person’s restricted area identity card has been deactivated; or (b) the person no longer requires ongoing access to the restricted area in the course of their employment. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Records Section 319 Records General requirement 319 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting (a) restricted area identity cards and keys that have been issued; (b) the names of the persons to whom restricted area identity cards or keys have been issued; (c) the names of the persons to whom combination codes or personal identification codes have been assigned; (d) blank restricted area identity cards in the operator’s possession; (e) restricted area identity cards that have been deactivated; (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved; (g) deactivated restricted area identity cards that have not been retrieved by the operator; (h) restricted area identity cards that have been reported as lost or stolen; (i) steps taken to retrieve deactivated restricted area identity cards; (j) compliance with section 307; and (k) restricted area identity cards that have been destroyed. Deactivated cards (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated. Lost or stolen cards (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Records Sections 319-322 Provision to Minister (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister. SOR/2022-92, s. 21. Restricted Area Access Control Process Use of identity verification system 320 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system. Control of Access to Restricted Areas Unauthorized access prohibition 321 A person must not enter or remain in a restricted area unless the person (a) is a person to whom a restricted area identity card has been issued; or (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area. SOR/2012-48, s. 20. Restricted area identity cards — conditions of use 322 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless (a) they are acting in the course of their employment; (b) the card is in their possession; (c) the card is active; and (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area. Exception (2) Paragraph (1)(d) does not apply to crew members. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Control of Access to Restricted Areas Sections 323-325 Display of restricted area identity cards 323 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times. Display of temporary passes (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times. SOR/2014-153, s. 25. Oversight 324 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of (a) an active restricted area identity card that has been issued to the person; or (b) a document of entitlement, other than a restricted area identity card, for the restricted area. SOR/2012-48, s. 21. Business Continuity Plans Business continuity plans 325 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section. Implementation (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324. Notification of delay (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Business Continuity Plans Sections 325-327 Ministerial access (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister. SOR/2022-92, s. 22. Database backup 326 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system. Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes General prohibitions 327 (1) A person must not (a) lend or give a restricted area identity card or a key that has been issued to them to another person; (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome; (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator; (d) use a restricted area identity card or a key that has been issued to another person; (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person; (f) use a counterfeit restricted area identity card or a counterfeit key; or (g) make a copy of a restricted area identity card or a key. Disclosure or use of codes (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not (a) disclose a combination code or personal identification code; or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes Sections 327-332 (b) use another person’s combination code or personal identification code. Report of loss or theft 328 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key. Employer’s duty to report (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key. Report of non-functioning card 329 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card. 330 [Repealed, SOR/2014-153, s. 26] Presentation and Surrender of Restricted Area Identity Cards Presentation on demand 331 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer. Presentation during screening (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer. Surrender on demand 332 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer. Demand by Minister or operator (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Presentation and Surrender of Restricted Area Identity Cards Sections 332-335 (b) the card has been deactivated; or (c) the surrender of the card is required to ensure aviation security. Demand by screening officer (3) A screening officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening. Demand by peace officer (4) A peace officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; or (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat. Return of cards 333 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card. Notification of Minister 334 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c). Escort and Surveillance General requirement 335 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Escort and Surveillance Sections 335-339 (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance. Exceptions (2) This section does not apply in respect of the following persons: (a) passengers who have been screened; and (b) inspectors. Escort ratio 336 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort. Surveillance ratio (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person. Requirement to remain together 337 (1) A person under escort must remain with the escort while the person is in a restricted area. Idem (2) An escort must remain with the person under escort while the person is in a restricted area. Requirement to inform (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area. Screening requirement 338 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area. Exception — conveyances 339 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Escort and Surveillance Sections 339-343 conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them. Exception to exception (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336. Escort conveyances 340 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations; (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area. Inspectors Exemption 341 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area. Inspector’s credentials 342 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome. Escort privileges 343 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Inspectors Sections 343-344 possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; (c) remains with the person while the person is in the restricted area; (d) ensures that the person remains with the inspector while the person is in the restricted area; and (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area. Conveyance escort privileges 344 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; and (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance. Additional conditions (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must (a) remain with the person; and (b) ensure that the person remains with the inspector. Idem (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance. Idem (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 8 Enhanced Access Controls Inspectors Sections 344-347 requiring escort in a convoy and that at least one inspector is in each escort conveyance. DIVISION 9 Airport Security Programs Overview Division overview 345 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome. SOR/2014-153, s. 27. Interpretation Processes and procedures 346 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process. SOR/2014-153, s. 27. Airport Security Program Requirements Requirement to establish and implement 347 (1) The operator of an aerodrome must establish and implement an airport security program. Program requirements (2) As part of its airport security program, the operator of an aerodrome must (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups; (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups; (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives; (d) communicate the security policy statement in an accessible manner to all persons who are employed at Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Airport Security Program Requirements Section 347 the aerodrome or who require access to the aerodrome in the course of their employment; (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact; (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons: (i) persons who are employed at the aerodrome, (ii) crew members who are based at the aerodrome, and (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment; (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security; (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access; (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities: (i) persons who are employed at the aerodrome, and (ii) persons who require access to the aerodrome in the course of their employment; (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Airport Security Program Requirements Sections 347-348 Other program requirements (3) The following also form part of the airport security program: (a) the security official referred to in section 270; (b) the aerodrome security personnel training referred to in sections 271 and 272; (c) the security committee or other working group or forum referred to in section 350; (d) if applicable, the multi-agency advisory committee referred to in section 353; (e) if applicable, the airport security risk assessment referred to in section 354; (f) if applicable, the strategic airport security plan referred to in section 359; (g) the menu of additional safeguards referred to in section 365; (h) the emergency plan referred to in section 367; and (i) the security exercises referred to in sections 368 and 369. SOR/2012-48, ss. 22, 65(F); SOR/2014-153, s. 27. Documentation 348 (1) The operator of an aerodrome must (a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years; (b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years; (c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and (d) keep all other documentation related to its airport security program for at least two years. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Airport Security Program Requirements Sections 348-350 Ministerial access (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister. SOR/2014-153, s. 27. Requirement to amend 349 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program. SOR/2014-153, s. 27. Security Committee Security committee 350 (1) The operator of an aerodrome must have a security committee or other working group or forum that (a) advises the operator on the development of controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; (b) helps coordinate the implementation of the controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and (c) promotes the sharing of information respecting the airport security program. Terms of reference (2) The operator of the aerodrome must manage the security committee or other working group or forum in accordance with written terms of reference that (a) identify its membership; and (b) define the roles and responsibilities of each member. Records (3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum. SOR/2014-153, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 351-352 Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multiagency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Application 351 (1) Subject to section 352, sections 353 to 364 apply to the operator of an aerodrome if (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome; or (b) the Minister makes an order stating that sections 353 to 364 apply to the operator. Minister’s authority (2) The Minister is authorized to make orders stating that sections 353 to 364 apply to operators of aerodromes listed in Schedule 2. SOR/2014-153, s. 27; SOR/2022-92, s. 39. Transition 352 (1) Sections 353 and 356 do not apply to the operator of an aerodrome until the day that is six months after the earlier of (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force. Transition (2) Sections 354 and 355 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 352-353 (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force. Transition (3) Sections 359 and 361 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force. SOR/2014-153, s. 27; SOR/2022-92, s. 39. Multi-agency advisory committee 353 (1) The operator of an aerodrome must have a multi-agency advisory committee. Membership (2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee: (a) the Department of Transport; (b) CATSA; (c) the police service with jurisdiction at the aerodrome; (d) the Royal Canadian Mounted Police; (e) the Canadian Security Intelligence Service; and (f) the Canada Border Services Agency. Terms of reference (3) The operator of the aerodrome must manage the multi-agency advisory committee in accordance with written terms of reference. Objectives (4) The objectives of the multi-agency advisory committee are Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 353-355 (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome. Records (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee. SOR/2014-153, s. 27. Airport security risk assessments 354 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements: (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome; (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation; (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of (i) a decrease in public safety and security, (ii) financial and economic loss, and (iii) a loss of public confidence. SOR/2014-153, s. 27. Submission for approval 355 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval. SOR/2014-153, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 355-357 Requirement to consult 356 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is (a) preparing its airport security risk assessment for submission to the Minister for approval; and (b) conducting a review of its airport security risk assessment. SOR/2014-153, s. 27. Airport security risk assessment — annual review 357 (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year. Airport security risk assessment — other reviews (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security; (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome; (c) an environmental or operational change at the aerodrome could affect aerodrome security; (d) a change in regulatory requirements could affect aerodrome security; (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 357-358 Equivalency (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1). Documentation (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy; (b) the reasons for that decision; and (c) the factors that were taken into consideration in making that decision. Notification (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment (a) to include a new medium to high risk; or (b) to raise or lower the level of a risk within the medium to high range. SOR/2014-153, s. 27. Approval 358 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if (a) the assessment meets the requirements of section 354; (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the operator has considered risk information provided by its multi-agency advisory committee; (d) the operator has considered all available and relevant information; and (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome. SOR/2014-153, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 359-363 Strategic airport security plans 359 The operator of an aerodrome must establish a strategic airport security plan that (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment. SOR/2014-153, s. 27. Requirement to consult 360 The operator of an aerodrome must consult its multi-agency advisory committee when the operator (a) establishes its strategic airport security plan; and (b) amends its strategic airport security plan under subsection 364(1). SOR/2014-153, s. 27. Requirement to submit 361 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval. SOR/2014-153, s. 27. Requirement to implement 362 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy. SOR/2014-153, s. 27. Approval of plan 363 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if (a) the plan meets the requirements of section 359; (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 363-364 or attempted acts of unlawful interference with civil aviation; (d) the risk-management strategy is in proportion to the risks it addresses; (e) the operator has considered the advice of its multiagency advisory committee; (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and (g) the plan can be implemented without compromising aviation security. SOR/2014-153, s. 27. Amendments 364 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if (a) the plan does not reflect the operator’s airport security risk assessment; (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk; (c) the Minister informs the operator that its riskmanagement strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or (d) the operator identifies a deficiency in the plan. Documentation — risk-management strategy (2) If the operator of the aerodrome amends its riskmanagement strategy, the operator must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Documentation — strategic airport security plan (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document (a) the reason for the amendment; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans Sections 364-365 (b) the factors that were taken into consideration in making that amendment. Submission of amendment (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (5) The Minister must approve an amendment if (a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and (b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met. Implementation (6) If the operator of the aerodrome amends its riskmanagement strategy, the operator must implement the amended version of the strategy once it is approved by the Minister. SOR/2014-153, s. 27. Menu of Additional Safeguards Requirement to establish 365 (1) The operator of an aerodrome must establish a menu of additional safeguards that are (a) intended to mitigate heightened risk conditions in a graduated manner; and (b) consistent with the operator’s legal powers and obligations. Menu requirements (2) The menu of additional safeguards must (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions; (b) allow the rapid selection of additional safeguards by activity type or location; and (c) indicate the persons and organizations responsible for implementing each additional safeguard. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Menu of Additional Safeguards Sections 365-366.1 Activity types (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include (a) access controls; (b) monitoring and patrolling; (c) communications; and (d) other operational controls. Locations (4) For the purposes of paragraphs (2)(a) and (b), the locations must include (a) public areas of the aerodrome; (b) areas of the aerodrome that are not public areas but are not restricted areas; and (c) restricted areas. SOR/2014-153, s. 27. Requirement to submit 366 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval. SOR/2014-153, s. 27. Approval 366.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if (a) the menu meets the requirements of section 365; (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the additional safeguards can be implemented rapidly and consistently; (d) the additional safeguards are consistent with existing rights and freedoms; and (e) the additional safeguards can be implemented without compromising aviation security. SOR/2014-153, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Menu of Additional Safeguards Sections 366.1-367 Amendments 366.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards; (b) the operator identifies a deficiency in the menu; or (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards. Requirement to consult (2) If applicable, the operator of the aerodrome must consult its multi-agency advisory committee when amending its menu of additional safeguards. Submission of amendment (3) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (4) The Minister must approve the amendment if the conditions set out in section 366.1 continue to be met. SOR/2014-153, s. 27. Emergency Plans Plan requirements 367 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies: (a) bomb threats; (b) hijackings of aircraft; and (c) other acts of unlawful interference with civil aviation. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Emergency Plans Sections 367-368 Response procedures (2) The response procedures must (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel; (b) include detailed procedures for the evacuation of air terminal buildings; (c) include detailed procedures for the search of air terminal buildings; (d) include detailed procedures for the handling and disposal of a suspected bomb; and (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking. SOR/2012-48, s. 23; SOR/2014-153, s. 27. Security Exercises Operations-based security exercise 368 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Equivalency (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1). SOR/2012-48, s. 23; SOR/2014-153, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Security Exercises Sections 369-371 Discussion-based security exercise 369 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Exception (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operationsbased security exercise. SOR/2012-48, s. 23; SOR/2014-153, s. 27. Notice 370 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out. SOR/2014-153, s. 27. Records Additional safeguards 371 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes (a) a description of the additional safeguards that were implemented; (b) an evaluation of the effectiveness of those additional safeguards; and (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards. Emergencies (2) Each time an emergency referred to in subsection 367(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes (a) a description of the emergency; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Records Sections 371-373 (b) an evaluation of the effectiveness of the operator’s emergency plan; and (c) a description of any actions that are planned in order to address deficiencies identified during the emergency. Exercises (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes (a) an outline of the exercise scenario; (b) an evaluation of the effectiveness of the exercise; and (c) a description of any actions that are planned in order to address deficiencies identified during the exercise. SOR/2012-48, s. 23; SOR/2014-153, s. 27. Corrective Actions Corrective actions 372 Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that (a) is identified to the operator by the Minister; or (b) is identified by the operator. SOR/2014-153, s. 27. Corrective action plan 373 If a corrective action to be taken by the operator of an aerodrome under section 372 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out (a) the nature of the vulnerability to be addressed; (b) a rationale for the phased approach; and (c) a timetable setting out when each phase of the corrective action plan will be completed. SOR/2014-153, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 9 Airport Security Programs Primary Security Line Partners Sections 374-380 Primary Security Line Partners Provision of information to operator of aerodrome 374 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and (b) a document that (i) describes each area on the aerodrome’s primary security line that is occupied by the partner, (ii) indicates the location of each restricted area access point in those areas, and (iii) describes those restricted area access points. Provision of information to Minister (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister. SOR/2014-153, s. 27. [375 to 379 reserved] Disclosure of Information Prohibition 380 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction. SOR/2014-153, s. 27. DIVISION 10 Reserved [381 to 390 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 5 Class 2 Aerodromes DIVISION 11 Other Aerodrome Operations Sections 391-401 DIVISION 11 Other Aerodrome Operations Overview Division overview 391 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part. SOR/2012-48, s. 24. Construction Plans Requirement to notify Minister 392 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail. Notice requirements (2) The notice must (a) be in writing; (b) state the date on which the construction will begin or the change will be made; and (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities. SOR/2012-48, s. 24. [393 to 400 reserved] PART 6 Class 3 Aerodromes Overview Part overview 401 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes Overview Sections 401-404 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2015-196, s. 4; SOR/2022-92, s. 38. Application Application 402 This Part applies in respect of aerodromes listed in Schedule 3 and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2015-196, s. 5; SOR/2022-92, s. 38. DIVISION 1 Prohibited Items Overview Division overview 403 This Division completes and supplements the regulatory framework set out in Part 3. Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Authorization 404 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if (a) the explosive substance or incendiary device is to be used at the aerodrome (i) for excavation, demolition or construction work, (ii) in fireworks displays, (iii) by persons operating explosives detection equipment or handling explosives detection dogs, (iv) by a police service, or (v) by military personnel; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 1 Prohibited Items Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Sections 404-408 (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device. Availability of Prohibited Items Prohibition — sterile area 405 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area. Exception — liquids, aerosols and gels (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure. Exception — knives (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome. SOR/2012-48, s. 25. [406 reserved] DIVISION 2 Threats and Incidents Overview Division overview 407 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome. Threat Response Area under operator’s control 408 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome. SOR/2019-149, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 2 Threats and Incidents Threat Response Sections 409-413 Area under control of other person 409 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately (a) notify the person of the nature of the threat; and (b) determine whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats 410 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Duties of other person 411 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must (a) immediately notify the operator of the aerodrome of the nature of the threat; and (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats identified by other person 412 If it is determined under paragraph 15(b), 409(b) or 411(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Information Reporting Security incidents 413 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur: Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 2 Threats and Incidents Information Reporting Sections 413-416 (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2); (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays; (c) a threat against the aerodrome; and (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control. SOR/2019-149, s. 3. Commercial air service information 414 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building. DIVISION 3 AVSEC Levels Overview Division overview 415 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions. SOR/2014-153, s. 28. AVSEC Level Requirements Additional safeguards 416 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions: (a) determine which additional safeguards are likely to mitigate the heightened risk condition; (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition; (c) implement or continue to implement the additional safeguards; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 3 AVSEC Levels AVSEC Level Requirements Sections 416-424 (d) notify the Minister of the additional safeguards that are being or will be implemented. SOR/2014-153, s. 28. Notification 417 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 416(b). SOR/2014-153, s. 28. Legal powers and obligations 418 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations. SOR/2014-153, s. 28. [419 and 420 reserved] DIVISION 4 Personnel and Training Overview Division overview 421 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome. SOR/2014-153, s. 75. [422 and 423 reserved] Security Official [SOR/2014-153, s. 29] Interpretation 424 A security official of an aerodrome is an individual who is responsible for (a) coordinating and overseeing security controls and procedures at the aerodrome; and (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 4 Personnel and Training Security Official Sections 425-426 Requirement 425 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official. Contact information (2) The operator of the aerodrome must provide the Minister with (a) the name of each security official and acting security official; and (b) 24-hour contact information for those officials. Aerodrome Security Personnel Initial training 426 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility. Training elements (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodromerelated security roles and responsibilities of the personnel: (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements; (b) the security controls and procedures at the aerodrome where the personnel are employed; (c) systems and equipment at the aerodrome; (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation; (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation. Grandfathering (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 4 Personnel and Training Aerodrome Security Personnel Sections 426-427 into force are exempted from initial training in relation to any topic for which they have already received training. SOR/2014-153, s. 30. Follow-up training 427 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise: (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel; (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodromerelated security roles and responsibilities of the personnel; (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel. Follow-up training (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome. Training elements (3) Follow-up training must include (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and (b) instruction and evaluation in relation to that circumstance. SOR/2014-153, s. 30. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 4 Personnel and Training Aerodrome Security Personnel Sections 428-431 On-the-job training 428 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1, 2 or 3. SOR/2014-153, s. 30. Training records 429 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 426 or 427, there is a training record that includes (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities; (b) a description of all the training that the individual has received in accordance with section 426 or 427; and (c) evaluation results for all the training that the individual has received in accordance with section 426 or 427. Record keeping (2) The operator of the aerodrome must keep the training record for at least two years. Ministerial access (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister. SOR/2014-153, s. 30. [430 reserved] DIVISION 5 Facilitation of Screening Overview Division overview 431 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome. SOR/2012-48, s. 26. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 5 Facilitation of Screening Screening of Passengers Sections 432-434 Screening of Passengers Passenger screening facilities 432 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers. SOR/2012-48, s. 26; SOR/2014-153, s. 31. False declaration notice 433 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or (b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation. Official languages (2) The notice must be clearly visible and be in at least both official languages. SOR/2012-48, s. 26; SOR/2014-153, s. 31. Notice for Non-passengers Notice — Liquids, aerosols or gels 434 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas. SOR/2012-48, s. 26. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 5 Facilitation of Screening Screening of Checked Baggage Sections 435-438 Screening of Checked Baggage Checked baggage screening facilities 435 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage. SOR/2012-48, s. 26; SOR/2014-153, s. 32. Baggage Handling Systems No change without agreement 436 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA. SOR/2012-48, s. 26. DIVISION 6 Access Controls Overview Division overview 437 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes. Signs Sign requirements 438 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must (a) be in at least both official languages; (b) identify the restricted area as a restricted area; and (c) state that access to the area is restricted to authorized persons. Signs on security barriers (2) The signs posted on a security barrier must be no more than 150 m apart. SOR/2012-48, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 6 Access Controls Restricted Area Access Points Sections 439-443 Restricted Area Access Points Access control system 439 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements: (a) surveillance by a person authorized by the operator of the aerodrome to control access to restricted area; (b) manual locking equipment; and (c) automated access control equipment. SOR/2012-48, s. 28. Passenger loading bridge 440 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked. SOR/2012-48, s. 28. Prohibition 441 A person must not enter a restricted area at an aerodrome except through a restricted area access point. Baggage Handling Systems Prevention of unauthorized access 442 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area. SOR/2012-48, s. 29. Doors, Gates, Emergency Exits and Other Devices Duty to close and lock — operators 443 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if (a) the operator has control of and responsibility for the door, gate or other device; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 6 Access Controls Doors, Gates, Emergency Exits and Other Devices Sections 443-445 (b) the door, gate or other device allows access between a restricted area and a non-restricted area. Emergency exit system (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if (a) the operator has control of and responsibility for the emergency exit; and (b) the emergency exit allows access between a restricted area and a non-restricted area. Duty to close and lock — partners and lessees 444 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if (a) the partner or lessee has control of and responsibility for the door, gate or other device; and (b) the door, gate or other device allows access between a restricted area and a non-restricted area. Emergency exit system (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if (a) the partner has control of and responsibility for the emergency exit; and (b) the emergency exit allows access between a restricted area and a non-restricted area. Temporary use or control 445 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 6 Access Controls Doors, Gates, Emergency Exits and Other Devices Sections 446-449 Uncontrolled restricted area access point 446 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must (a) lock the door, gate or other device that allows access to or from the restricted area; and (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked. Preventing locking 447 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked. Emergency exits 448 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless (a) the person is authorized by the operator of the aerodrome to open it; or (b) there is an emergency. Unauthorized Access Prohibition 449 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization. Restricted areas (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 and 7 are met. Non-public areas other than restricted areas (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 6 Access Controls Unauthorized Access Sections 449-452 of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. Non-public areas other than restricted areas (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. SOR/2014-153, s. 33. Inspectors Requirement to allow access 450 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials. SOR/2012-48, s. 30. DIVISION 7 Documents of Entitlement Division overview 451 This Division sets out provisions respecting documents of entitlement. SOR/2012-48, s. 31. List of documents 452 (1) Only the following documents are documents of entitlement at an aerodrome: (a) a restricted area pass; (a.1) a restricted area identity card; (b) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome; (c) a passenger escort form that is approved by the operator of the aerodrome; (d) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7 Documents of Entitlement Sections 452-452.02 (e) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure. Pilot’s licence (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and (a) is acting in the course of their employment; or (b) requires access to an aircraft that they own or operate. SOR/2012-48, s. 31; SOR/2014-153, s. 34; SOR/2016-39, s. 2. DIVISION 7.1 Enhanced Access Controls Overview Division overview 452.01 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56. SOR/2016-39, s. 3. Identity Verification System Disclosure of information 452.02 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system. Identity protection (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Information To Be Displayed on a Restricted Area Identity Card Section 452.03 Information To Be Displayed on a Restricted Area Identity Card Required information 452.03 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues: (a) the full name of the person to whom the card is issued; (b) [Repealed, SOR/2022-92, s. 23] (c) a photograph depicting a frontal view of the person’s face; (d) the expiry date of the card; (e) the name of the aerodrome where the card is issued; (f) the name of the person’s employer, if the person has a single employer; (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer. (h) [Repealed, SOR/2022-92, s. 23] (i) [Repealed, SOR/2022-92, s. 23] Expiration date (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier. (3) [Repealed, SOR/2022-92, s. 23] Official languages (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages. SOR/2016-39, s. 3; SOR/2022-92, s. 23. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 452.04-452.07 Issuance of Restricted Area Identity Cards Issuance criteria 452.04 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person (a) applies in writing; (b) is sponsored in writing by their employer; (c) has a security clearance; (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and (e) confirms that the information displayed on the card is correct. Activation requirement (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated. SOR/2016-39, s. 3. False information 452.05 A person must not provide false information for the purpose of obtaining a restricted area identity card. SOR/2016-39, s. 3. Sponsorship 452.06 An employer must not (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or (b) knowingly sponsor an employee for more than one restricted area identity card at a time. SOR/2016-39, s. 3. Issuance of multiple cards 452.07 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 452.08-452.11 Replacement of cards 452.08 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and (b) the person still has a security clearance. SOR/2016-39, s. 3. Requirement to inform 452.09 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed. SOR/2016-39, s. 3. Collection of information 452.1 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant: (a) the applicant’s full name; (b) the applicant’s height; (c) a photograph depicting a frontal view of the applicant’s face; (d) the applicant’s fingerprint images and iris images; (e) the name of the applicant’s employer; and (f) the applicant’s occupation. Destruction of images and templates (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card. SOR/2016-39, s. 3. Quality control 452.11 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Issuance of Restricted Area Identity Cards Sections 452.11-452.14 templates created from the fingerprint images and iris images collected from the applicant. SOR/2016-39, s. 3. Protection of information 452.12 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration. SOR/2016-39, s. 3. Deactivation of Restricted Area Identity Cards Deactivation request 452.13 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if (a) the card expires; (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer. Reason for deactivation (2) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request. Prohibition (3) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1). Notification of Minister (4) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card. SOR/2016-39, s. 3. Change in employment 452.14 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Deactivation of Restricted Area Identity Cards Sections 452.14-452.17 (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment. SOR/2016-39, s. 3. Duty of employer 452.15 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment. SOR/2016-39, s. 3. Retrieval of cards 452.16 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved. Return of cards (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen. Destruction of cards (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned. SOR/2016-39, s. 3; SOR/2022-92, s. 24. Keys, Combination Codes and Personal Identification Codes Issuance or assignment 452.17 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Keys, Combination Codes and Personal Identification Codes Sections 452.17-452.21 in accordance with a security measure as authorization for the person to enter or remain in the restricted area. SOR/2016-39, s. 3. Addition of key 452.18 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card. SOR/2016-39, s. 3. Protection of information 452.19 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued. SOR/2016-39, s. 3. Cancellation, withdrawal or retrieval 452.2 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if (a) the person’s restricted area identity card has been deactivated; or (b) the person no longer requires ongoing access to the restricted area in the course of their employment. SOR/2016-39, s. 3. Records General requirement 452.21 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting (a) restricted area identity cards and keys that have been issued; (b) the names of the persons to whom restricted area identity cards or keys have been issued; (c) the names of the persons to whom combination codes or personal identification codes have been assigned; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Records Sections 452.21-452.22 (d) blank restricted area identity cards in the operator’s possession; (e) restricted area identity cards that have been deactivated; (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved; (g) deactivated restricted area identity cards that have not been retrieved by the operator; (h) restricted area identity cards that have been reported as lost or stolen; (i) steps taken to retrieve deactivated restricted area identity cards; (j) compliance with section 452.09; and (k) restricted area identity cards that have been destroyed. Deactivated cards (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated. Lost or stolen cards (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date. Provision to Minister (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister. SOR/2016-39, s. 3; SOR/2022-92, s. 25. Restricted Area Access Control Process Use of identity verification system 452.22 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Control of Access to Restricted Areas Sections 452.23-452.25 Control of Access to Restricted Areas Unauthorized access prohibition 452.23 A person must not enter or remain in a restricted area unless the person (a) is a person to whom a restricted area identity card has been issued; or (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area. SOR/2016-39, s. 3. Restricted area identity cards — conditions of use 452.24 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless (a) they are acting in the course of their employment; (b) the card is in their possession; (c) the card is active; and (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area. Exception (2) Paragraph (1)(d) does not apply to crew members. SOR/2016-39, s. 3. Display of restricted area identity cards 452.25 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times. Display of temporary passes (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Control of Access to Restricted Areas Sections 452.26-452.28 Oversight 452.26 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of (a) an active restricted area identity card that has been issued to the person; or (b) a document of entitlement, other than a restricted area identity card, for the restricted area. SOR/2016-39, s. 3. Business Continuity Plans Business continuity plans 452.27 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 452.26 in the event that the operator is unable to use its restricted area access control process to comply with that section. Implementation (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 452.26. Notification of delay (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 452.26. Ministerial access (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister. SOR/2016-39, s. 3; SOR/2022-92, s. 26. Database backup 452.28 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes Sections 452.29-452.3 Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes General prohibitions 452.29 (1) A person must not (a) lend or give a restricted area identity card or a key that has been issued to them to another person; (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome; (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator; (d) use a restricted area identity card or a key that has been issued to another person; (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person; (f) use a counterfeit restricted area identity card or a counterfeit key; or (g) make a copy of a restricted area identity card or a key. Disclosure or use of codes (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not (a) disclose a combination code or personal identification code; or (b) use another person’s combination code or personal identification code. SOR/2016-39, s. 3. Report of loss or theft 452.3 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes Sections 452.3-452.33 Employer’s duty to report (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key. SOR/2016-39, s. 3. Report of non-functioning card 452.31 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card. SOR/2016-39, s. 3. Presentation and Surrender of Restricted Area Identity Cards Presentation on demand 452.32 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer. Presentation during screening (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer. SOR/2016-39, s. 3. Surrender on demand 452.33 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer. Demand by Minister or operator (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the surrender of the card is required to ensure aviation security. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Presentation and Surrender of Restricted Area Identity Cards Sections 452.33-452.36 Demand by screening officer (3) A screening officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening. Demand by peace officer (4) A peace officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; or (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat. SOR/2016-39, s. 3. Return of cards 452.34 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card. SOR/2016-39, s. 3. Notification of Minister 452.35 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 452.33(2)(c). SOR/2016-39, s. 3. Escort and Surveillance General requirement 452.36 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Escort and Surveillance Sections 452.36-452.39 (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance. Exceptions (2) This section does not apply in respect of the following persons: (a) passengers who have been screened; and (b) inspectors. SOR/2016-39, s. 3. Escort ratio 452.37 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort. Surveillance ratio (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person. SOR/2016-39, s. 3. Requirement to remain together 452.38 (1) A person under escort must remain with the escort while the person is in a restricted area. Idem (2) An escort must remain with the person under escort while the person is in a restricted area. Requirement to inform (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area. SOR/2016-39, s. 3. Screening requirement 452.39 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Escort and Surveillance Sections 452.4-452.42 Exception — conveyances 452.4 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them. Exception to exception (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 452.37. SOR/2016-39, s. 3. Escort conveyances 452.41 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations; (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area. SOR/2016-39, s. 3. Inspectors Exemption 452.42 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area. SOR/2016-39, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Inspectors Sections 452.43-452.45 Inspector’s credentials 452.43 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome. SOR/2016-39, s. 3. Escort privileges 452.44 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; (c) remains with the person while the person is in the restricted area; (d) ensures that the person remains with the inspector while the person is in the restricted area; and (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area. SOR/2016-39, s. 3. Conveyance escort privileges 452.45 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; and (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance. Additional conditions (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must (a) remain with the person; and (b) ensure that the person remains with the inspector. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 7.1 Enhanced Access Controls Inspectors Sections 452.45-455 Idem (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance. Idem (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance. SOR/2016-39, s. 3. DIVISION 8 Airport Security Programs Overview Division overview 453 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome. SOR/2014-153, s. 35. Interpretation Processes and procedures 454 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process. SOR/2014-153, s. 35. Airport Security Program Requirements Requirement to establish and implement 455 (1) The operator of an aerodrome must establish and implement an airport security program. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Airport Security Program Requirements Section 455 Program requirements (2) As part of its airport security program, the operator of an aerodrome must (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups; (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups; (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives; (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment; (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact; (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons: (i) persons who are employed at the aerodrome, (ii) crew members who are based at the aerodrome, and (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment; (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security; (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access; (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Airport Security Program Requirements Sections 455-456 responsibilities and require the information to carry out those roles and responsibilities: (i) persons who are employed at the aerodrome, and (ii) persons who require access to the aerodrome in the course of their employment; (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator. Other program requirements (3) The following also form part of the airport security program: (a) the security official referred to in section 425; (b) the aerodrome security personnel training referred to in sections 426 and 427; (c) the security committee or other working group or forum referred to in section 458; (d) if applicable, the airport security risk assessment referred to in section 461; (e) if applicable, the strategic airport security plan referred to in section 466; (f) the menu of additional safeguards referred to in section 472; (g) the emergency plan referred to in section 474; and (h) the security exercises referred to in sections 475 and 476. SOR/2012-48, ss. 32, 65(F); SOR/2014-153, s. 35. Documentation 456 (1) The operator of an aerodrome must (a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years; (b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Airport Security Program Requirements Sections 456-458 (c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and (d) keep all other documentation related to its airport security program for at least two years. Ministerial access (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister. SOR/2014-153, s. 35. Requirement to amend 457 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program. SOR/2014-153, s. 35. Security Committee Security committee 458 (1) The operator of an aerodrome must have a security committee or other working group or forum that (a) advises the operator on the development of controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; (b) helps coordinate the implementation of the controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and (c) promotes the sharing of information respecting the airport security program. Terms of reference (2) The operator of the aerodrome must manage the security committee or other working group or forum in accordance with written terms of reference that (a) identify its membership; and (b) define the roles and responsibilities of each member. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Security Committee Sections 458-460 Records (3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum. SOR/2014-153, s. 35. Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Application 459 (1) Subject to section 460, sections 461 to 471 apply to the operator of an aerodrome if (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 3 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome; or (b) the Minister makes an order stating that sections 461 to 471 apply to the operator. Minister’s authority (2) The Minister is authorized to make orders stating that sections 461 to 471 apply to operators of aerodromes listed in Schedule 3. SOR/2014-153, s. 35; SOR/2022-92, s. 39. Transition 460 (1) Sections 461 and 462 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of (a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and (b) the day on which a ministerial order stating that sections 461 to 471 apply to the operator comes into force. Transition (2) Sections 466 and 468 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Sections 460-462 (a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and (b) the day on which a ministerial order stating that sections 461 to 471 apply to the operator comes into force. SOR/2014-153, s. 35; SOR/2022-92, s. 39. Airport security risk assessments 461 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements: (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome; (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation; (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of (i) a decrease in public safety and security, (ii) financial and economic loss, and (iii) a loss of public confidence. SOR/2014-153, s. 35. Submission for approval 462 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval. SOR/2014-153, s. 35. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Sections 463-464 Requirement to consult 463 The operator of an aerodrome must consult its security committee or other working group or forum when the operator is (a) preparing its airport security risk assessment for submission to the Minister for approval; and (b) conducting a review of its airport security risk assessment. SOR/2014-153, s. 35. Airport security risk assessment — annual review 464 (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year. Airport security risk assessment — other reviews (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security; (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome; (c) an environmental or operational change at the aerodrome could affect aerodrome security; (d) a change in regulatory requirements could affect aerodrome security; (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk. Equivalency (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1). Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Sections 464-466 Documentation (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy; (b) the reasons for that decision; and (c) the factors that were taken into consideration in making that decision. Notification (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment (a) to include a new medium to high risk; or (b) to raise or lower the level of a risk within the medium to high range. SOR/2014-153, s. 35. Approval 465 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if (a) the assessment meets the requirements of section 461; (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the operator has considered the advice of its security committee or other working group or forum; (d) the operator has considered all available and relevant information; and (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome. SOR/2014-153, s. 35. Strategic airport security plans 466 The operator of an aerodrome must establish a strategic airport security plan that (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Sections 466-470 attempted acts of unlawful interference with civil aviation; and (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment. SOR/2014-153, s. 35. Requirement to consult 467 The operator of an aerodrome must consult its security committee or other working group or forum when establishing its strategic airport security plan. SOR/2014-153, s. 35. Requirement to submit 468 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval. SOR/2014-153, s. 35. Requirement to implement 469 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy. SOR/2014-153, s. 35. Approval of plan 470 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if (a) the plan meets the requirements of section 466; (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; (d) the risk-management strategy is in proportion to the risks it addresses; (e) the operator has considered the advice of its security committee or other working group or forum; (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Sections 470-471 (g) the plan can be implemented without compromising aviation security. SOR/2014-153, s. 35. Amendments 471 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if (a) the plan does not reflect the operator’s airport security risk assessment; (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk; (c) the Minister informs the operator that its riskmanagement strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or (d) the operator identifies a deficiency in the plan. Documentation — risk-management strategy (2) If the operator of the aerodrome amends its riskmanagement strategy, the operator must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Documentation — strategic airport security plan (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Submission of amendment (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (5) The Minister must approve an amendment if Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans Sections 471-472 (a) in the case of an amendment to the summary required under paragraph 466(a), the conditions set out in paragraphs 470(a) to (c) have been met; and (b) in the case of an amendment to the risk-management strategy required under paragraph 466(b), the conditions set out in section 470 have been met. Implementation (6) If the operator of the aerodrome amends its riskmanagement strategy, the operator must implement the amended version of the strategy once it is approved by the Minister. SOR/2014-153, s. 35. Menu of Additional Safeguards Requirement to establish 472 (1) The operator of an aerodrome must establish a menu of additional safeguards that are (a) intended to mitigate heightened risk conditions in a graduated manner; and (b) consistent with the operator’s legal powers and obligations. Menu requirements (2) The menu of additional safeguards must (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions; (b) allow the rapid selection of additional safeguards by activity type or location; and (c) indicate the persons and organizations responsible for implementing each additional safeguard. Activity types (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include (a) access controls; (b) monitoring and patrolling; (c) communications; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Menu of Additional Safeguards Sections 472-473.2 (d) other operational controls. Locations (4) For the purposes of paragraphs (2)(a) and (b), the locations must include (a) public areas of the aerodrome; (b) areas of the aerodrome that are not public areas but are not restricted areas; and (c) restricted areas. SOR/2014-153, s. 35. Requirement to submit 473 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval. SOR/2014-153, s. 35. Approval 473.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if (a) the menu meets the requirements of section 472; (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the additional safeguards can be implemented rapidly and consistently; (d) the additional safeguards are consistent with existing rights and freedoms; and (e) the additional safeguards can be implemented without compromising aviation security. SOR/2014-153, s. 35. Amendments 473.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards; (b) the operator identifies a deficiency in the menu; or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Menu of Additional Safeguards Sections 473.2-474 (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards. Submission of amendment (2) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (3) The Minister must approve the amendment if the conditions set out in section 473.1 continue to be met. SOR/2014-153, s. 35. Emergency Plans Plan requirements 474 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies: (a) bomb threats; (b) hijackings of aircraft; and (c) other acts of unlawful interference with civil aviation. Response procedures (2) The response procedures must (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel; (b) include detailed procedures for the evacuation of air terminal buildings; (c) include detailed procedures for the search of air terminal buildings; (d) include detailed procedures for the handling and disposal of a suspected bomb; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Emergency Plans Sections 474-476 (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking. SOR/2012-48, s. 33; SOR/2014-153, s. 35. Security Exercises Operations-based security exercise 475 (1) The operator of an aerodrome must, at least once every four years, carry out an operations-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Equivalency (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1). SOR/2012-48, s. 33; SOR/2014-153, s. 35. Discussion-based security exercise 476 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Exception (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operationsbased security exercise. SOR/2012-48, s. 33; SOR/2014-153, s. 35. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Security Exercises Sections 477-478 Notice 477 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out. SOR/2014-153, s. 35. Records Additional safeguards 478 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes (a) a description of the additional safeguards that were implemented; (b) an evaluation of the effectiveness of those additional safeguards; and (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards. Emergencies (2) Each time an emergency referred to in subsection 474(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes (a) a description of the emergency; (b) an evaluation of the effectiveness of the operator’s emergency plan; and (c) a description of any actions that are planned in order to address deficiencies identified during the emergency. Exercises (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes (a) an outline of the exercise scenario; (b) an evaluation of the effectiveness of the exercise; and (c) a description of any actions that are planned in order to address deficiencies identified during the exercise. SOR/2012-48, s. 33; SOR/2014-153, s. 35. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Corrective Actions Sections 479-481 Corrective Actions Corrective actions 479 Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that (a) is identified to the operator by the Minister; or (b) is identified by the operator. SOR/2014-153, s. 35. Corrective action plan 480 If a corrective action to be taken by the operator of an aerodrome under section 479 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out (a) the nature of the vulnerability to be addressed; (b) a rationale for the phased approach; and (c) a timetable setting out when each phase of the corrective action plan will be completed. SOR/2014-153, s. 35. Primary Security Line Partners Provision of information to operator of aerodrome 481 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and (b) a document that (i) describes each area on the aerodrome’s primary security line that is occupied by the partner, (ii) indicates the location of each restricted area access point in those areas, and (iii) describes those restricted area access points. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 8 Airport Security Programs Primary Security Line Partners Sections 481-496 Provision of information to Minister (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister. SOR/2014-153, s. 35. [482 and 483 reserved] Disclosure of Information Prohibition 484 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction. SOR/2014-153, s. 35. DIVISION 9 Reserved [485 to 494 reserved] DIVISION 10 Other Aerodrome Operations Overview Division overview 495 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part. SOR/2012-48, s. 34. Construction Plans Requirement to notify Minister 496 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 6 Class 3 Aerodromes DIVISION 10 Other Aerodrome Operations Construction Plans Sections 496-506 Notice requirements (2) The notice must (a) be in writing; (b) state the date on which the construction will begin or the change will be made; and (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities. SOR/2012-48, s. 34. [497 to 504 reserved] PART 7 Other Aerodromes Overview Part overview 505 This Part sets out the basic regulatory framework for security at aerodromes. However, this framework is not applicable in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2015-196, s. 6; SOR/2022-92, s. 38. DIVISION 1 Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Application 506 This Division applies in respect of aerodromes. However, this Division does not apply in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2015-196, s. 7; SOR/2022-92, s. 38. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 7 Other Aerodromes DIVISION 1 Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices Sections 507-509 Authorization 507 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if (a) the explosive substance or incendiary device is to be used at the aerodrome (i) for excavation, demolition or construction work, (ii) in fireworks displays, (iii) by persons operating explosives detection equipment or handling explosives detection dogs, (iv) by a police service, or (v) by military personnel; and (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device. DIVISION 2 Threats and Incidents Application Application 508 This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve air carriers. This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2014-153, s. 36; SOR/2015-196, s. 8; SOR/2022-92, s. 38. Threat Response Area under operator’s control 509 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome. SOR/2019-149, s. 3. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 7 Other Aerodromes DIVISION 2 Threats and Incidents Threat Response Sections 510-514 Area under control of other person 510 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately (a) notify the person of the nature of the threat; and (b) determine whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats 511 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Duties of other person 512 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must (a) immediately notify the operator of the aerodrome of the nature of the threat; and (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3. Threats identified by other person 513 If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3. Information Reporting Security incidents 514 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur: Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 7 Other Aerodromes DIVISION 2 Threats and Incidents Information Reporting Sections 514-516 (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2); (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, or construction work, or the use of fireworks displays; (c) a threat against the aerodrome; and (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control. SOR/2019-149, s. 3. Commercial air service information 515 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building. DIVISION 3 Emergency Planning Application Application 516 (1) This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve (a) air carriers that conduct scheduled or non-scheduled services to or from an air terminal building at any of those aerodromes; or (b) air carriers that conduct scheduled international services from any of those aerodromes. Application (2) This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2012-48, s. 35; SOR/2014-153, s. 37; SOR/2015-196, s. 9; SOR/2022-92, s. 38. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 7 Other Aerodromes DIVISION 3 Emergency Planning Emergency Plans and Security Exercises Sections 517-519 Emergency Plans and Security Exercises Plan requirements 517 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies: (a) bomb threats; and (b) hijackings of aircraft. Response procedures (2) The response procedures must (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel; (b) include, if applicable, detailed procedures for the evacuation of air terminal buildings; (c) include, if applicable, detailed procedures for the search of air terminal buildings; (d) include detailed procedures for the handling and disposal of a suspected bomb; and (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking. SOR/2012-48, s. 35; SOR/2014-153, s. 37. Discussion-based security exercise 518 The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that tests the effectiveness of the operator’s emergency plan in response to a bomb threat or a hijacking of an aircraft and involves the persons and organizations referred to in the plan. SOR/2012-48, s. 35; SOR/2014-153, s. 37. Record of emergencies 519 (1) Each time an emergency referred to in subsection 517(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes (a) a description of the emergency; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 7 Other Aerodromes DIVISION 3 Emergency Planning Emergency Plans and Security Exercises Sections 519-526 (b) an evaluation of the effectiveness of the operator’s emergency plan; and (c) a description of any actions that are planned in order to address deficiencies identified during the emergency. Record of exercises (2) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes (a) an outline of the exercise scenario; (b) an evaluation of the effectiveness of the exercise; and (c) a description of any actions that are planned in order to address deficiencies identified during the exercise. Ministerial access (3) The operator of an aerodrome must make the records referred to in subsections (1) and (2) available to the Minister on reasonable notice given by the Minister. SOR/2012-48, s. 35; SOR/2014-153, s. 37. [520 to 524 reserved] PART 8 Aircraft Security Overview Part overview 525 This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft. Weapons, Explosive Substances and Incendiary Devices Weapons 526 (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531 or 533. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Weapons, Explosive Substances and Incendiary Devices Sections 526-531 Explosive substances and incendiary devices (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device. Transport of loaded firearms 527 (1) An air carrier must not knowingly allow a person, other than a Canadian in-flight security officer who is acting in the course of their duties, to transport a loaded firearm on board an aircraft. Transport of explosive substances and incendiary devices (2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation. SOR/2014-153, s. 38. Transport of unloaded firearms 528 An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded. Storage of unloaded firearms 529 An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members. Prohibition — alcoholic beverages 530 An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage. Authorizations for peace officers 531 An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if (a) the peace officer, while acting in the course of their duties, requires access to the firearm immediately before, during or immediately after the flight; (b) the peace officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or, Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Weapons, Explosive Substances and Incendiary Devices Sections 531-533 in an emergency, as soon as feasible before the departure of the flight, that a firearm will be on board; (c) the peace officer shows a representative of the air carrier identification, issued by the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer; (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft; (e) the air carrier verifies the identification referred to in paragraph (c) (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or (ii) before the peace officer boards the aircraft, if the aerodrome does not have a restricted area from which the officer may board the aircraft; and (f) the air carrier provides the peace officer with the original or a copy of the completed form referred to in paragraph (d). SOR/2014-153, s. 39. Requirement to inform 532 (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before the departure of the flight, (a) inform the pilot-in-command of the aircraft by means of the original or a copy of the completed form referred to in paragraph 531(d); and (b) subject to subsection (2), inform the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft. Undercover operations (2) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer’s presence to any person on board the aircraft other than the pilot-in-command, the air carrier must comply with that request. SOR/2014-153, s. 40. Unloaded firearm authorizations — air carriers 533 (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Weapons, Explosive Substances and Incendiary Devices Sections 533-534 board an aircraft if the firearm is necessary for survival purposes: (a) the pilot-in-command of the aircraft; and (b) an employee of a federal or provincial department or agency who is engaged in wildlife control. Unloaded firearm authorizations — other operators (2) An operator of an aircraft, other than an air carrier, may authorize the pilot-in-command of the aircraft to carry or have access to an unloaded firearm and ammunition on board the aircraft if the firearm and ammunition are necessary for survival purposes. Persons in the Custody of an Escort Officer Definition of organization responsible for the person in custody 534 (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration. Air carrier conditions (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless (a) the organization responsible for the person in custody has provided the air carrier with a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the travelling public and the operations of the air carrier and aerodrome; (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least (i) two escort officers to escort each person who is a maximum risk, (ii) one escort officer to escort each person who is a medium risk, and (iii) one escort officer to escort not more than two persons who are a minimum risk; (c) the person in custody is escorted by the agreed number of escort officers; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Persons in the Custody of an Escort Officer Section 534 (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency, as soon as feasible before the departure of the flight, stating (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort, (ii) the level of risk that the person in custody represents to the safety of the public, and (iii) the flight on which the person in custody will be transported; (e) each escort officer shows a representative of the air carrier identification, issued by the organization responsible for the person in custody or the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer; (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and (g) the air carrier verifies the identification referred to in paragraph (e) (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or (ii) before the escort officer boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft. Escort officer conditions (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer (a) provides the operator of the aerodrome with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency, as soon as feasible before the departure of the flight; and (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e). Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Persons in the Custody of an Escort Officer Sections 534-535 Transport of more than one person in custody (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft. Peace officer duties 535 (1) An escort officer who is a peace officer and who escorts a person in custody during a flight must (a) remain with the person at all times; (b) immediately before boarding the aircraft, search the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety; (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and (d) carry restraining devices that can be used to restrain the person, if necessary. Air carrier duties (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier must, immediately before the person boards the aircraft, cause the person and the person’s carry-on baggage to be screened for weapons or other items that could be used to jeopardize flight safety. Escort officer duties (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must (a) remain with the person at all times; (b) ensure that a screening of the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety is carried out (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or (ii) before the escort officer and the person board the aircraft, if the aerodrome does not have a Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Persons in the Custody of an Escort Officer Sections 535-540 restricted area from which they may board the aircraft; (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and (d) carry restraining devices that can be used to restrain the person, if necessary. Consumption of alcoholic beverages 536 A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft. Prohibition — alcoholic beverages 537 An air carrier must not provide a person in custody or an escort officer who is escorting the person on board an aircraft with any alcoholic beverage. Seating of persons in custody 538 An air carrier must not allow a person in custody on board an aircraft to be seated next to an exit. Threat Response and Information Reporting Threat Response Threat to aircraft — air carriers 539 (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a threat that jeopardizes the security of the aircraft or flight. Threat to aircraft — other operators (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight. SOR/2019-149, s. 3. Threat to aircraft — air carriers 540 (1) An air carrier that determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Threat Response and Information Reporting Threat Response Sections 540-541 (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat; (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and (c) inspecting the aircraft and causing a screening of the passengers and goods on board the aircraft to be carried out, unless the inspection and screening are likely to jeopardize the safety of the passengers and crew members. Threat to aircraft — other operators (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat; (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and (c) inspecting the aircraft and causing a search of the passengers and goods on board the aircraft to be carried out, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members. Aircraft on ground (3) If the aircraft is on the ground, the pilot-in-command must comply with any direction given by the operator of the aerodrome under paragraph (1)(b) or (2)(b) or by a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members. SOR/2019-149, s. 3. Threat to facility or aerodrome — air carriers 541 (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Threat Response and Information Reporting Threat Response Sections 541-543 Threat to facility or aerodrome — other operators (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately determine whether the threat jeopardizes the security of the facility or that part of the aerodrome. SOR/2019-149, s. 3. Threat to facility or aerodrome — air carriers 542 (1) An air carrier that determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the nature of the threat. Threat to facility or aerodrome — other operators (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the threat. SOR/2019-149, s. 3. Reporting of Security Incidents Notification of Minister 543 (1) An air carrier must immediately notify the Minister when any of the following incidents occur: (a) the hijacking or attempted hijacking of an aircraft; (b) the discovery, on board an aircraft, of a weapon, other than an unloaded firearm that the air carrier authorized under section 531 or subsection 533(1); (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3); (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 8 Aircraft Security Threat Response and Information Reporting Reporting of Security Incidents Sections 543-545 (e) a threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control. Notification of operators of aerodromes (2) An air carrier must immediately notify the operator of an aerodrome when a weapon, other than a firearm permitted under subsection 78(2), is detected in any part of the aerodrome that is under the air carrier’s control. SOR/2019-149, s. 3. Security Information Provision to Minister 544 An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the air carrier; and (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight. Duty of service providers 545 A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to that person; and (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight. [546 to 616 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 9 Reserved Sections 668-668.1 PART 9 Reserved [617 to 626 reserved] PART 10 Reserved [627 to 667 reserved] PART 11 Air Cargo and Mail Overview Part overview 668 This Part sets out requirements for cargo and mail on passenger flights and all-cargo flights and supplements subsections 4.85(3) and (4) of the Act. SOR/2015-163, s. 3; SOR/2019-149, s. 2. DIVISION 1 Air Cargo Application Application 668.1 (1) Section 669 applies to air carriers who transport cargo on a flight that is carrying passengers or on an all-cargo flight. (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo: (a) regulated agents; (b) certified agents; and (c) known consignors. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Transporting Cargo by Air and Tendering Cargo for Transportation by Air Sections 669-671 Transporting Cargo by Air and Tendering Cargo for Transportation by Air Requirement to screen cargo 669 Cargo that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure, unless the cargo was tendered to the air carrier for transportation by air as secure cargo. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Tendering of secure cargo — regulated agents and certified agents 670 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless (a) the regulated agent (i) has screened the cargo for threat items in accordance with a security measure, (ii) has restricted access to the cargo in accordance with sections 675 to 677, and (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or (b) the regulated agent or certified agent has screened it in order to verify that (i) the cargo was screened for threat items in accordance with a security measure, (ii) access to the cargo was restricted in accordance with sections 675 to 677, and (iii) the cargo was not tampered with after it was screened for threat items. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Tendering of secure cargo — known consignors 671 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor (a) has screened the cargo for threat items in accordance with a security measure; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Transporting Cargo by Air and Tendering Cargo for Transportation by Air Sections 671-672 (b) has restricted access to the cargo in accordance with sections 675 to 677; and (c) has ensured that the cargo was not tampered with after it was screened for threat items. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Cargo security information 672 (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format. Tendering by regulated agents (2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include (a) in the case of non-consolidated cargo (i) the air waybill number or the number of a similar control document, (ii) the regulated agent’s name, (iii) the regulated agent’s air cargo security program number, (iv) the name of the original shipper of the cargo, and (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo, (B) access to the cargo was restricted in accordance with sections 675 to 677, and (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and (b) in the case of consolidated cargo (i) the air waybill number or the number of a similar control document, Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Transporting Cargo by Air and Tendering Cargo for Transportation by Air Section 672 (ii) the regulated agent’s name, (iii) the regulated agent’s air cargo security program number, and (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo, (B) access to the cargo was restricted in accordance with sections 675 to 677, and (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered. Tendering by regulated agents or certified agents (3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include (a) in the case of non-consolidated cargo (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent, (ii) the air waybill number or the number of a similar control document, and (iii) the regulated agent’s or certified agent’s name, (iv) the regulated agent’s or certified agent’s air cargo security program number, and (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that (A) access to the cargo was restricted in accordance with sections 675 to 677, and (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; (b) in the case of consolidated cargo Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Transporting Cargo by Air and Tendering Cargo for Transportation by Air Sections 672-673 (i) the air waybill number or the number of a similar control document, (ii) the regulated agent’s or certified agent’s name, (iii) the regulated agent’s or certified agent’s air cargo security program number, and (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that (A) access to the cargo was restricted in accordance with sections 675 to 677, and (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered. Tendering by known consignors (4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include (a) the air waybill number or the number of a similar control document, (b) the known consignor’s name, (c) the known consignor’s air cargo security program number, and (d) a declaration by one of the known consignor’s authorized cargo representatives stating that (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo, (ii) access to the cargo was restricted in accordance with sections 675 to 677, and (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Accurate and complete information 673 A regulated agent, certified agent or known consignor who provides any of the information required under section 672 must ensure that the information is accurate and complete. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Screenings Sections 674-675 Screenings Authority to screen 674 A person must not screen cargo unless the person is designated by the Minister or is an authorized cargo representative of the designated person. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Screening for threat items 675 (1) If a regulated agent or known consignor screens cargo for threat items in order for it to be tendered for transportation by air as secure cargo, the regulated agent or known consignor must (a) conduct the screening in accordance with a security measure; (b) conduct the screening in an area that the regulated agent or known consignor has designated for that purpose; (c) ensure that, while the screening is being conducted, signs are in place at or near the designated area that state, in both official languages, that unauthorized access to the area is prohibited; (d) control access to the designated area while the screening is being conducted to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent or known consignor has access to the area; (e) take measures to detect unauthorized individuals in the designated area while the screening is being conducted; (f) ensure that, while the screening is being conducted, individuals other than an authorized cargo representative of the regulated agent or known consignor do not have access to cargo in the designated area; and (g) ensure that, while the screening is being conducted, cargo in the designated area is not tampered with. Authorized access (2) An individual who is not an authorized cargo representative of the regulated agent or known consignor is permitted in the designated area if (a) the individual is acting in the course of their employment and requires access to the designated area while screenings are being conducted; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Screenings Sections 675-676 (b) the individual has the prior approval of the cargo security coordinator of the regulated agent or known consignor; (c) the cargo security coordinator or one of the regulated agent’s or known consignor’s authorized cargo representatives verifies the identity of the individual by means of government-issued photo identification provided by the individual; and (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent or known consignor. Escort limit (3) For the purposes of paragraph (2)(d), the regulated agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Storage and Transport Requirements Storage requirements 676 (1) If cargo is screened in order for it to be tendered for transportation by air as secure cargo, a regulated agent, certified agent or known consignor who stores the cargo must (a) store the cargo in an area that they have designated for that purpose; (b) ensure that, while the cargo is stored in the designated area, signs are in place at or near the area that state, in both official languages, that unauthorized access to the area is prohibited; (c) control access to the designated area while the cargo is stored in the area to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent, certified agent or known consignor has access to the area; (d) take measures to detect unauthorized individuals in the designated area while the cargo is stored in the area; (e) ensure that, while the cargo is stored in the designated area, individuals other than an authorized cargo representative of the regulated agent, certified agent or known consignor do not have access to cargo in the designated area; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Storage and Transport Requirements Sections 676-678 (f) ensure that the cargo is not tampered with while it is stored in the designated area. Authorized access (2) An individual who is not an authorized cargo representative of the regulated agent, certified agent or known consignor is permitted in the designated area if (a) the individual is acting in the course of their employment and requires access to the designated area while cargo, which has been screened in order that it may be tendered for transportation by air as secure cargo, is stored in the area; (b) the individual has the prior approval of the cargo security coordinator of the regulated agent, certified agent or known consignor; (c) the cargo security coordinator, or one of the authorized cargo representatives of the regulated agent, certified agent or known consignor, verifies the identity of the individual by means of government-issued photo identification provided by the individual; and (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent, certified agent or known consignor. Escort limit (3) For the purposes of paragraph (2)(d), the regulated agent, certified agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Transport requirements 677 If cargo is screened in order for it to be tendered for transportation by air as secure cargo, the regulated agent, certified agent or known consignor who transports the cargo must, in accordance with a security measure, (a) ensure that the cargo is transported by one or more of their authorized cargo representatives; and (b) ensure that there is no unauthorized access to the cargo during transport. SOR/2015-163, s. 3; SOR/2019-149, s. 2. 678 [Reserved, SOR/2019-149, s. 2] [678 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Cargo Security Coordinators and Authorized Cargo Representatives Sections 679-680 Cargo Security Coordinators and Authorized Cargo Representatives Cargo security coordinator — designation 679 (1) A regulated agent, certified agent or known consignor must designate a cargo security coordinator who is responsible for coordinating and overseeing compliance with the regulatory requirements that apply to the regulated agent, certified agent or known consignor and for acting as the principal contact between the regulated agent, certified agent or known consignor and the Minister with respect to aviation security matters. Cargo security coordinator — restriction (2) The regulated agent, certified agent or known consignor must not designate an individual as cargo security coordinator unless that individual is an authorized cargo representative and a senior manager or supervisor. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Authorized cargo representative 680 (1) A regulated agent, certified agent or known consignor must not designate an individual as an authorized cargo representative unless the individual (a) is employed by the regulated agent, certified agent or known consignor; (b) has a security clearance or has undergone a background check that indicates that the individual does not pose a risk to aviation security; and (c) has been trained in relation to their duties as an authorized cargo representative. Background check (2) If the individual undergoes a background check for the purposes of paragraph (1)(b), the regulated agent, certified agent or known consignor must ensure that the background check includes (a) a Canadian criminal record check; (b) a check of the individual’s home addresses for the five years preceding the date of the background check; and (c) a check of the individual’s work history for the five years preceding the date of the background check. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Cargo Security Coordinators and Authorized Cargo Representatives Sections 681-684 Canadian criminal record check 681 A regulated agent, certified agent or known consignor must, at least once every five years, conduct a Canadian criminal record check on any of their authorized cargo representatives that do not have a security clearance. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Reporting of Security Incidents Reporting of security incidents 682 A regulated agent, certified agent or known consignor must immediately notify the Minister if they (a) detect a threat item in cargo while screening it in order for it to be tendered for transportation by air as secure cargo; (b) detect unauthorized access to cargo in their possession that is being screened or has been screened in order that it may be tendered for transportation by air as secure cargo; (c) detect signs of tampering with cargo in their possession that is being screened or has been screened in order that it may be tendered for transportion by air as secure cargo; or (d) become aware of any other aviation security incident involving cargo that is or was in their possession. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Record Keeping Cargo security information 683 A regulated agent, certified agent or known consignor who tenders cargo for transportation by air as secure cargo must keep a copy of the information referred to in subsection 672(2), (3) or (4), as applicable, for at least 90 days after the day on which they cease to be in possession of the cargo. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Training record 684 (1) A regulated agent, certified agent or known consignor must keep a training record, in paper or electronic format, for each authorized cargo representative. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 1 Air Cargo Record Keeping Sections 684-686 Required information (2) A training record for an authorized cargo representative must include (a) the name of the authorized cargo representative; (b) their position title; (c) the dates on which they received training in relation to their duties as an authorized cargo representative; (d) a description of those duties; and (e) the name of the trainer. Retention period — cessation of duties (3) The regulated agent, certified agent or known consignor must keep the training record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Background check record 685 (1) If an individual undergoes a background check for the purposes of paragraph 680(1)(b) and is designated as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep a record in respect of the background check that contains (a) the name of the individual; (b) the date of the background check; and (c) the name of the person or organization that conducted the background check. Retention period (2) If the individual ceases to act as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep the record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity. SOR/2015-163, s. 3; SOR/2019-149, s. 2. Ministerial access 686 A regulated agent, certified agent or known consignor who keeps a record or information under this Part must make the record or information available to the Minister on reasonable notice given by the Minister. SOR/2015-163, s. 3; SOR/2019-149, s. 2. [687 to 719 reserved] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 11 Air Cargo and Mail DIVISION 2 Mail Sections 720-767 DIVISION 2 Mail Requirement to screen mail 720 Mail that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure. SOR/2019-149, s. 2. [721 to 738 reserved] PART 12 Reserved [739 to 764 reserved] PART 13 Ministerial Powers and Duties Overview Part overview 765 This Part sets out ministerial powers and duties that are not set out in any other part. DIVISION 1 Identity Verification System [SOR/2014-153, s. 41] Disclosure of information 766 The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56. Deactivation request 767 (1) The Minister must ask CATSA to deactivate a restricted area identity card if (a) the Minister is notified under section 156 or 312; or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 13 Ministerial Powers and Duties DIVISION 1 Identity Verification System Sections 767-781 (b) the security clearance of the person to whom the card has been issued is suspended or cancelled. Prohibition (2) The Minister must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1). [768 to 777 reserved] DIVISION 2 AVSEC Levels Application 778 This Division applies in respect of aerodromes listed in Schedules 1 to 3, or any part of those aerodromes, and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. SOR/2014-153, s. 42; SOR/2015-196, s. 10; SOR/2022-92, s. 38. Level 1 779 Unless it is raised, lowered or maintained in accordance with this Division, the AVSEC level for an aerodrome or any part of an aerodrome is level 1. At that level, normal operating conditions apply. SOR/2014-153, s. 42. Level 2 780 The Minister must raise or lower to level 2 the AVSEC level for an aerodrome or any part of an aerodrome if (a) the Minister is made aware of a heightened risk condition related to an elevated risk; and (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition. SOR/2014-153, s. 42. Level 3 781 The Minister must raise to level 3 the AVSEC level for an aerodrome or any part of an aerodrome if (a) the Minister is made aware of a heightened risk condition related to a critical or imminent risk; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 13 Ministerial Powers and Duties DIVISION 2 AVSEC Levels Sections 781-797 (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition. SOR/2014-153, s. 42. Requirement to lower level 782 The Minister must, as soon as a heightened risk condition no longer applies, lower to level 1 an AVSEC level that has been raised for an aerodrome or any part of an aerodrome. SOR/2014-153, s. 42. Maintaining a level 783 The Minister is authorized to maintain an AVSEC level that has been raised for an aerodrome or any part of an aerodrome if the criteria for raising the AVSEC level continue to apply. SOR/2014-153, s. 42. Notification 784 If the Minister raises, lowers or maintains the AVSEC level for an aerodrome or any part of an aerodrome, the Minister must immediately notify the operator of the aerodrome. The notice must (a) include information about the heightened risk condition; and (b) specify a date on which the AVSEC level is likely to return to level 1. SOR/2014-153, s. 42. Multiple aerodromes 785 For greater certainty, nothing in this Division prohibits the Minister from raising, lowering or maintaining the AVSEC level for more than one aerodrome at a time. SOR/2014-153, s. 42. [786 to 796 reserved] PART 14 Designated Provisions Overview Part overview 797 (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 14 Designated Provisions Overview Sections 797-800 Designated provisions of the Act (2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations. Designated Provisions Designated provisions 798 (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act. Maximum amounts (2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1. Designation of security measure provisions 799 (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act. Maximum amounts (2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is (a) $5,000, in the case of an individual; and (b) $25,000, in the case of a corporation. Notice of Contravention Notice requirements 800 A notice referred to in subsection 7.7(1) of the Act must (a) be in writing; (b) set out the particulars of the alleged contravention; (c) state that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 14 Designated Provisions Notice of Contravention Sections 800-801 (d) state that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent; (e) state that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and (f) state that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period. SOR/2014-153, s. 43. PART 15 Transitional Provisions Class 1 Aerodromes Operators 801 (1) Sections 196 and 199 do not apply to the operator of an aerodrome until December 15, 2014. Operators (2) Sections 197 and 198 do not apply to the operator of an aerodrome until March 15, 2015. Operators (3) The following provisions do not apply to the operator of an aerodrome until April 15, 2015: (a) sections 115 to 118; and (b) paragraph 206(1)(c). Operators (4) Sections 202 and 204 do not apply to the operator of an aerodrome until February 15, 2016. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 15 Transitional Provisions Class 1 Aerodromes Sections 801-803 Operators (5) The following provisions do not apply to the operator of an aerodrome until May 15, 2016: (a) sections 97 and 98; (b) section 205; (c) paragraph 207(1)(b); and (d) paragraph 208(1)(b). SOR/2014-153, s. 44. Class 2 Aerodromes Operators 802 (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015: (a) sections 271 to 274; and (b) paragraph 367(1)(c). Operators (2) Sections 365 and 366 do not apply to the operator of an aerodrome until April 15, 2016. Operators (3) The following provisions do not apply to the operator of an aerodrome until September 15, 2016: (a) sections 261 and 262; (b) paragraph 368(1)(b); and (c) paragraph 369(1)(b). SOR/2014-153, s. 44. Class 3 Aerodromes Operators 803 (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015: (a) sections 426 to 429; and (b) paragraph 474(1)(c). Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 PART 15 Transitional Provisions Class 3 Aerodromes Sections 803-807 Operators (2) Sections 472 and 473 do not apply to the operator of an aerodrome until September 15, 2016. Operators (3) The following provisions do not apply to the operator of an aerodrome until March 15, 2017: (a) sections 416 and 417; (b) paragraph 475(1)(b); and (c) paragraph 476(1)(b). SOR/2014-153, s. 44. 804 [Repealed, SOR/2014-153, s. 44] 805 [Repealed, SOR/2014-153, s. 44] 806 [Repealed, SOR/2014-153, s. 44] 807 [Repealed, SOR/2014-153, s. 44] Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 1 SCHEDULE 1 (Paragraph 2(d), sections 6, 82, 83, 117, 273, 428, 505, 506 and 508, subsection 516(1) and section 778) Class 1 Aerodromes Column 1 Column 2 Location International Civil Aviation Organization (ICAO) Location Indicator Calgary CYYC Edmonton CYEG Halifax CYHZ Montréal CYMX, CYUL Ottawa CYOW Toronto CYYZ Vancouver CYVR Winnipeg CYWG SOR/2012-48, s. 36; SOR/2014-153, s. 45; SOR/2015-196, s. 11; SOR/2022-92, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 2 SCHEDULE 2 (Paragraph 2(e), sections 246, 247 and 273, paragraph 351(1)(a), subsection 351(2), paragraphs 352(1)(a), (2)(a) and 3(a), sections 428, 505, 506 and 508, subsection 516(1) and section 778) Class 2 Aerodromes Column 1 Column 2 Location International Civil Aviation Organization (ICAO) Location Indicator Charlottetown CYYG Fredericton CYFC Gander CYQX Iqaluit CYFB Kelowna CYLW London CYXU Moncton CYQM Prince George CYXS Québec CYQB Regina CYQR Saint John CYSJ St. John’s CYYT Saskatoon CYXE Sudbury CYSB Thunder Bay CYQT Toronto CYTZ Victoria CYYJ Whitehorse CYXY Windsor CYQG Yellowknife CYZF SOR/2012-48, s. 37; SOR/2014-153, ss. 46, 47(E), 48; SOR/2015-196, s. 12; SOR/2022-92, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 3 SCHEDULE 3 (Paragraph 2(f), sections 401, 402 and 428, paragraph 459(1)(a), subsection 459(2), paragraphs 460(1)(a) and (2)(a), sections 505, 506 and 508, subsection 516(1) and section 778) Class 3 Aerodromes Column 1 Column 2 Location International Civil Aviation Organization (ICAO) Location Indicator Abbotsford CYXX Alma CYTF Bagotville CYBG Baie-Comeau CYBC Bathurst CZBF Brandon CYBR Campbell River CYBL Castlegar CYCG Charlo CYCL Chibougamau/Chapais CYMT Churchill Falls CZUM Comox CYQQ Cranbrook CYXC Dawson Creek CYDQ Deer Lake CYDF Fort McMurray CYMM Fort St. John CYXJ Gaspé CYGP Goose Bay CYYR Grande Prairie CYQU Hamilton CYHM Îles-de-la-Madeleine CYGR Kamloops CYKA Kingston CYGK Kitchener/Waterloo CYKF Kuujjuaq CYVP Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 3 Column 1 Column 2 Location International Civil Aviation Organization (ICAO) Location Indicator Kuujjuarapik CYGW La Grande Rivière CYGL La Macaza / Mont-Tremblant CYFJ Lethbridge CYQL Lloydminster CYLL Lourdes-de-Blanc-Sablon CYBX Medicine Hat CYXH Mont-Joli CYYY Nanaimo CYCD North Bay CYYB Penticton CYYF Prince Albert CYPA Prince Rupert CYPR Quesnel CYQZ Red Deer CYQF Roberval CYRJ Rouyn-Noranda CYUY St. Anthony CYAY Saint-Léonard CYSL Sandspit CYZP Sarnia CYZR Sault Ste. Marie CYAM Sept-Îles CYZV Smithers CYYD Stephenville CYJT Sydney CYQY Terrace CYXT Thompson CYTH Timmins CYTS Toronto CYKZ Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 3 Column 1 Column 2 Location International Civil Aviation Organization (ICAO) Location Indicator Val-d’Or CYVO Wabush CYWK Williams Lake CYWL Yarmouth CYQI SOR/2012-48, s. 38; SOR/2014-153, s. 49; SOR/2015-196, s. 13; SOR/2022-92, s. 27. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 SCHEDULE 4 (Sections 797 and 798) Designated Provisions Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation PART 1 — SCREENING Subsection 5(1) Subsection 5(2) 25,000 5,000 25,000 Subsection 5(3) 25,000 Subsection 5(4) 25,000 Subsection 5.1(1) 25,000 Subsection 5.1(2) 25,000 Subsection 5.2(1) 25,000 Subsection 5.2(2) 25,000 Subsection 5.2(3) 25,000 Subsection 5.3(1) 10,000 Subsection 5.3(2) 10,000 Paragraph 6(a) 3,000 10,000 Paragraph 6(b) 3,000 10,000 Subsection 8.1(2) [Repealed, SOR/2022-92, s. 30] Subsection 8.3(1) 5,000 25,000 Subsection 8.3(2) 5,000 25,000 Subsection 8.4(1) 5,000 25,000 Subsection 8.5(1) 5,000 25,000 Subsection 10(1) 5,000 25,000 Subsection 10(2) 5,000 25,000 Section 14 5,000 Subsection 14.2(1) 5,000 25,000 Subsection 14.2(2) 5,000 25,000 Subsection 14.2(3) 5,000 25,000 Subsection 14.2(4) 5,000 25,000 Paragraph 15(a) 5,000 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Paragraph 15(b) 5,000 25,000 Subsection 16(1) 3,000 10,000 Subsection 16(3) 3,000 10,000 Subsection 16(4) 3,000 10,000 Section 17 5,000 25,000 Section 20 25,000 Section 21 25,000 Paragraph 22(1)(a) 25,000 Paragraph 22(1)(b) 25,000 Paragraph 22(2)(a) 25,000 Paragraph 22(2)(b) 25,000 Paragraph 22(2)(c) 25,000 Subsection 23(1) 25,000 Subsection 23(2) 25,000 Subsection 23(3) 25,000 Subsection 23(4) 25,000 Section 24 25,000 Subsection 30(1) 25,000 Subsection 31(1) 25,000 Subsection 31(2) 25,000 Subsection 56(1) 25,000 Subsection 56(2) 25,000 Section 57 25,000 Subsection 58(2) 25,000 Subsection 59(1) 25,000 Subsection 59(2) 25,000 Section 60 25,000 Section 61 25,000 Section 62 25,000 Subsection 63(1) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 63(2) 25,000 Subsection 63(3) 25,000 Subsection 63(4) 25,000 Subsection 64(1) 25,000 Subsection 64(2) 25,000 PART 3 — WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES Section 77 5,000 25,000 PART 4 — CLASS 1 AERODROMES Division 1 — Prohibited Items Subsection 86(1) 25,000 Division 2 — Threats and Incidents Section 89 25,000 Paragraph 90(a) 25,000 Paragraph 90(b) 25,000 Section 91 25,000 Paragraph 92(a) 5,000 25,000 Paragraph 92(b) 5,000 25,000 Section 93 25,000 Section 94 10,000 Section 95 10,000 Division 3 — AVSEC Levels Section 97 25,000 Section 98 10,000 Division 4 — Personnel and Training Subsection 112(1) 25,000 Subsection 112(2) 25,000 Subsection 115(1) 25,000 Subsection 116(1) 25,000 Subsection 116(2) 25,000 Section 117 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 118(1) 10,000 Subsection 118(2) 10,000 Subsection 118(3) 10,000 Division 5 — Facilitation of Screening Section 121 25,000 Subsection 122(1) 25,000 Section 123 25,000 Section 123.1 25,000 Section 124 25,000 Section 125 25,000 Section 126 25,000 Division 6 — Access Controls Section 128 25,000 Section 129 25,000 Section 130 25,000 Section 131 5,000 Section 132 25,000 Subsection 133(1) 25,000 Subsection 133(2) 25,000 Subsection 134(1) 5,000 25,000 Subsection 134(2) 5,000 25,000 Section 135 5,000 25,000 Section 136 5,000 Section 137 5,000 25,000 Section 138 5,000 25,000 Subsection 139(1) 5,000 Section 140 25,000 Division 8 — Enhanced Access Controls Subsection 144(2) 25,000 Subsection 145(1) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 145(4) 25,000 Subsection 146(1) 25,000 Subsection 146(2) 25,000 Section 147 5,000 25,000 Paragraph 148(a) 5,000 25,000 Paragraph 148(b) 5,000 25,000 Section 149 25,000 Section 150 25,000 Section 151 25,000 Subsection 152(1) 25,000 Subsection 152(2) 25,000 Section 153 25,000 Section 154 25,000 Subsection 155(1) 25,000 Subsection 155(1.1) 25,000 Subsection 155(2) 25,000 Subsection 155(3) 25,000 Section 156 25,000 Section 157 5,000 Subsection 158(1) Subsection 158(2) 25,000 25,000 5,000 25,000 Subsection 158(3) 25,000 Section 159 25,000 Section 161 25,000 Section 162 25,000 Subsection 163(1) 25,000 Subsection 163(2) 25,000 Subsection 163(3) 25,000 Subsection 163(4) 25,000 Section 164 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Section 165 5,000 Subsection 166(1) 5,000 Subsection 167(1) 5,000 Subsection 167(2) 5,000 Section 168 25,000 Subsection 169(1) 25,000 Subsection 169(2) 25,000 Subsection 169(3) 25,000 Subsection 169(4) 25,000 Section 170 25,000 Paragraph 171(1)(a) 5,000 Paragraph 171(1)(b) 5,000 Paragraph 171(1)(c) 5,000 Paragraph 171(1)(d) 5,000 Paragraph 171(1)(e) 5,000 Paragraph 171(1)(f) 5,000 Paragraph 171(1)(g) 5,000 25,000 Paragraph 171(2)(a) 5,000 25,000 Paragraph 171(2)(b) 5,000 Subsection 172(1) 5,000 Subsection 172(2) 5,000 25,000 Section 173 5,000 25,000 Subsection 175(1) 5,000 Subsection 175(2) 5,000 Subsection 176(1) 5,000 Section 177 5,000 25,000 25,000 Section 178 25,000 Subsection 179(1) 25,000 Subsection 180(1) 25,000 Subsection 180(2) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 181(1) 5,000 Subsection 181(2) 5,000 Subsection 181(3) 5,000 25,000 Section 182 25,000 Subsection 183(2) 25,000 Section 184 25,000 Division 9 — Airport Security Programs Subsection 191(1) 25,000 Paragraph 191(2)(a) 25,000 Paragraph 191(2)(b) 25,000 Paragraph 191(2)(c) 10,000 Paragraph 191(2)(d) 10,000 Paragraph 191(2)(e) 25,000 Paragraph 191(2)(f) 25,000 Paragraph 191(2)(g) 25,000 Paragraph 191(2)(h) 25,000 Paragraph 191(2)(i) 25,000 Paragraph 191(2)(j) 25,000 Paragraph 191(2)(k) 10,000 Paragraph 191(2)(l) 25,000 Paragraph 193(1)(a) 25,000 Paragraph 193(1)(b) 25,000 Paragraph 193(1)(c) 10,000 Subsection 193(2) 25,000 Section 194 25,000 Subsection 195(1) 10,000 Subsection 195(2) 10,000 Subsection 195(3) 10,000 Section 197 25,000 Section 198 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 200(1) 25,000 Subsection 200(2) 25,000 Subsection 200(3) 25,000 Subsection 200(4) 25,000 Subsection 200(5) 25,000 Subsection 202(1) 25,000 Section 204 25,000 Section 205 25,000 Subsection 205.2(1) 25,000 Subsection 205.2(2) 25,000 Subsection 205.2(3) 25,000 Subsection 205.2(5) 25,000 Subsection 206(1) 25,000 Subsection 207(1) 25,000 Subsection 208(1) 25,000 Section 209 10,000 Subsection 210(1) 10,000 Subsection 210(2) 10,000 Subsection 210(3) 10,000 Section 211 25,000 Section 212 25,000 Section 213 5,000 25,000 Division 11 — Primary Security Line Partners Subsection 226(1) 5,000 25,000 Subsection 226(2) 5,000 25,000 Paragraph 227(a) 5,000 25,000 Paragraph 227(b) 5,000 25,000 Paragraph 227(c) 5,000 25,000 Paragraph 227(d) 5,000 25,000 Paragraph 227(e) 5,000 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Paragraph 227(f) 5,000 25,000 Paragraph 227(g) 5,000 25,000 Subsection 231(1) 5,000 25,000 Subsection 231(2) 5,000 25,000 Subsection 234(1) 5,000 25,000 Subsection 234(2) 5,000 25,000 Section 235 5,000 25,000 Section 235.1 5,000 25,000 Division 12 — Other Aerodrome Operations Subsection 237(1) 25,000 PART 5 — CLASS 2 AERODROMES Division 1 — Prohibited Items Subsection 250(1) 25,000 Division 2 — Threats and Incidents Section 253 25,000 Paragraph 254(a) 25,000 Paragraph 254(b) 25,000 Section 255 25,000 Paragraph 256(a) 5,000 25,000 Paragraph 256(b) 5,000 25,000 Section 257 25,000 Section 258 10,000 Section 259 10,000 Division 3 — AVSEC Levels Section 261 25,000 Section 262 10,000 Division 4 — Personnel and Training Subsection 270(1) 25,000 Subsection 270(2) 25,000 Subsection 271(1) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 272(1) 25,000 Subsection 272(2) 25,000 Section 273 25,000 Subsection 274(1) 10,000 Subsection 274(2) 10,000 Subsection 274(3) 10,000 Division 5 — Facilitation of Screening Section 277 25,000 Subsection 278(1) 25,000 Section 279 25,000 Section 279.1 25,000 Section 280 25,000 Section 281 25,000 Section 282 25,000 Division 6 — Access Controls Section 284 25,000 Section 285 25,000 Section 286 25,000 Section 287 5,000 Section 288 25,000 Subsection 289(1) 25,000 Subsection 289(2) 25,000 Subsection 290(1) 5,000 25,000 Subsection 290(2) 5,000 25,000 Section 291 5,000 25,000 Section 292 5,000 Section 293 5,000 25,000 Section 294 5,000 25,000 Subsection 295(1) 5,000 Section 296 Current to June 20, 2022 Last amended on May 11, 2022 25,000 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Division 8 — Enhanced Access Controls Subsection 300(2) 25,000 Subsection 301(1) 25,000 Subsection 301(4) 25,000 Subsection 302(1) 25,000 Subsection 302(2) 25,000 Section 303 5,000 25,000 Paragraph 304(a) 5,000 25,000 Paragraph 304(b) 5,000 25,000 Section 305 25,000 Section 306 25,000 Section 307 25,000 Subsection 308(1) 25,000 Subsection 308(2) 25,000 Section 309 25,000 Section 310 25,000 Subsection 311(1) 25,000 Subsection 311(1.1) 25,000 Subsection 311(2) 25,000 Subsection 311(3) 25,000 Section 312 25,000 Section 313 5,000 Subsection 314(1) Subsection 314(2) 25,000 25,000 5,000 25,000 Subsection 314(3) 25,000 Section 315 25,000 Section 317 25,000 Section 318 25,000 Subsection 319(1) 25,000 Subsection 319(2) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 319(3) 25,000 Subsection 319(4) 25,000 Section 320 25,000 Section 321 5,000 Subsection 322(1) 5,000 Subsection 323(1) 5,000 Subsection 323(2) 5,000 Section 324 25,000 Subsection 325(1) 25,000 Subsection 325(2) 25,000 Subsection 325(3) 25,000 Subsection 325(4) 25,000 Section 326 25,000 Paragraph 327(1)(a) 5,000 Paragraph 327(1)(b) 5,000 Paragraph 327(1)(c) 5,000 Paragraph 327(1)(d) 5,000 Paragraph 327(1)(e) 5,000 Paragraph 327(1)(f) 5,000 Paragraph 327(1)(g) 5,000 25,000 Paragraph 327(2)(a) 5,000 25,000 Paragraph 327(2)(b) 5,000 Subsection 328(1) 5,000 Subsection 328(2) 5,000 25,000 Section 329 5,000 25,000 Subsection 331(1) 5,000 Subsection 331(2) 5,000 Subsection 332(1) 5,000 Section 333 5,000 Section 334 Current to June 20, 2022 Last amended on May 11, 2022 25,000 25,000 25,000 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 335(1) 25,000 Subsection 336(1) 25,000 Subsection 336(2) 25,000 Subsection 337(1) 5,000 Subsection 337(2) 5,000 Subsection 337(3) 5,000 25,000 Section 338 25,000 Subsection 339(2) 25,000 Section 340 25,000 Division 9 — Airport Security Programs Subsection 347(1) 25,000 Paragraph 347(2)(a) 25,000 Paragraph 347(2)(b) 25,000 Paragraph 347(2)(c) 10,000 Paragraph 347(2)(d) 10,000 Paragraph 347(2)(e) 25,000 Paragraph 347(2)(f) 25,000 Paragraph 347(2)(g) 25,000 Paragraph 347(2)(h) 25,000 Paragraph 347(2)(i) 25,000 Paragraph 347(2)(j) 25,000 Paragraph 347(2)(k) 10,000 Paragraph 347(2)(l) 25,000 Paragraph 348(1)(a) 25,000 Paragraph 348(1)(b) 25,000 Paragraph 348(1)(c) 25,000 Paragraph 348(1)(d) 10,000 Subsection 348(2) 25,000 Section 349 25,000 Subsection 350(1) 10,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 350(2) 10,000 Subsection 350(3) 10,000 Section 354 25,000 Section 355 25,000 Subsection 357(1) 25,000 Subsection 357(2) 25,000 Subsection 357(3) 25,000 Subsection 357(4) 25,000 Subsection 357(5) 25,000 Section 359 25,000 Section 361 25,000 Section 362 25,000 Subsection 364(1) 25,000 Subsection 364(2) 25,000 Subsection 364(3) 25,000 Subsection 364(4) 25,000 Subsection 364(6) 25,000 Subsection 365(1) 25,000 Section 366 25,000 Subsection 366.2(1) 25,000 Subsection 366.2(2) 25,000 Subsection 366.2(3) 25,000 Subsection 367(1) 25,000 Subsection 368(1) 25,000 Subsection 369(1) 25,000 Section 370 10,000 Subsection 371(1) 10,000 Subsection 371(2) 10,000 Subsection 371(3) 10,000 Section 372 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Section 373 Column 3 25,000 Subsection 374(1) 5,000 25,000 Subsection 374(2) 5,000 25,000 Section 380 5,000 25,000 Division 11 — Other Aerodrome Operations Subsection 392(1) 25,000 PART 6 — CLASS 3 AERODROMES Division 1 — Prohibited Items Subsection 405(1) 25,000 Division 2 — Threats and Incidents Section 408 25,000 Paragraph 409(a) 25,000 Paragraph 409(b) 25,000 Section 410 25,000 Paragraph 411(a) 5,000 25,000 Paragraph 411(b) 5,000 25,000 Section 412 25,000 Section 413 10,000 Section 414 10,000 Division 3 — AVSEC Levels Section 416 25,000 Section 417 10,000 Division 4 — Personnel and Training Subsection 425(1) 25,000 Subsection 425(2) 25,000 Subsection 426(1) 25,000 Subsection 427(1) 25,000 Subsection 427(2) 25,000 Section 428 25,000 Subsection 429(1) 10,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 429(2) 10,000 Subsection 429(3) 10,000 Division 5 — Facilitation of Screening Section 432 25,000 Subsection 433(1) 25,000 Section 434 25,000 Section 435 25,000 Section 436 25,000 Subsection 438(1) 25,000 Division 6 — Access Controls Section 439 25,000 Section 440 25,000 Section 441 5,000 Section 442 25,000 Subsection 443(1) 25,000 Subsection 443(2) 25,000 Subsection 444(1) 5,000 25,000 Subsection 444(2) 5,000 25,000 Section 445 5,000 25,000 Section 446 5,000 Section 447 5,000 25,000 Section 448 5,000 25,000 Subsection 449(1) 5,000 Section 450 25,000 Division 7.1 — Enhanced Access Controls Subsection 452.02(2) 25,000 Subsection 452.03(1) 25,000 Subsection 452.03(4) 25,000 Subsection 452.04(1) 25,000 Subsection 452.04(2) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Section 452.05 5,000 25,000 Paragraph 452.06(a) 5,000 25,000 Paragraph 452.06(b) 5,000 25,000 Section 452.07 25,000 Section 452.08 25,000 Section 452.09 25,000 Subsection 452.1(1) 25,000 Subsection 452.1(2) 25,000 Section 452.11 25,000 Section 452.12 25,000 Subsection 452.13(1) 25,000 Subsection 452.13(2) 25,000 Subsection 452.13(3) 25,000 Subsection 452.13(4) 25,000 Section 452.14 25,000 Section 452.15 5,000 Subsection 452.16(1) Subsection 452.16(2) 25,000 25,000 5,000 25,000 Subsection 452.16(3) 25,000 Section 452.17 25,000 Section 452.19 25,000 Section 452.2 25,000 Subsection 452.21(1) 25,000 Subsection 452.21(2) 25,000 Subsection 452.21(3) 25,000 Subsection 452.21(4) 25,000 Section 452.22 25,000 Section 452.23 5,000 Subsection 452.24(1) 5,000 Subsection 452.25(1) 5,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 452.25(2) 5,000 Section 452.26 25,000 Subsection 452.27(1) 25,000 Subsection 452.27(2) 25,000 Subsection 452.27(3) 25,000 Subsection 452.27(4) 25,000 Section 452.28 25,000 Paragraph 452.29(1)(a) 5,000 Paragraph 452.29(1)(b) 5,000 Paragraph 452.29(1)(c) 5,000 25,000 Paragraph 452.29(1)(d) 5,000 Paragraph 452.29(1)(e) 5,000 Paragraph 452.29(1)(f) 5,000 Paragraph 452.29(1)(g) 5,000 25,000 Paragraph 452.29(2)(a) 5,000 25,000 Paragraph 452.29(2)(b) 5,000 Subsection 452.3(1) 5,000 Subsection 452.3(2) 5,000 25,000 Section 452.31 5,000 25,000 Subsection 452.32(1) 5,000 Subsection 452.32(2) 5,000 Subsection 452.33(1) 5,000 Section 452.34 5,000 25,000 Section 452.35 25,000 Subsection 452.36(1) 25,000 Subsection 452.37(1) 25,000 Subsection 452.37(2) 25,000 Subsection 452.38(1) 5,000 Subsection 452.38(2) 5,000 Subsection 452.38(3) 5,000 Current to June 20, 2022 Last amended on May 11, 2022 25,000 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Section 452.39 25,000 Subsection 452.4(2) 25,000 Section 452.41 25,000 Division 8 — Airport Security Programs Subsection 455(1) 25,000 Paragraph 455(2)(a) 25,000 Paragraph 455(2)(b) 25,000 Paragraph 455(2)(c) 10,000 Paragraph 455(2)(d) 10,000 Paragraph 455(2)(e) 25,000 Paragraph 455(2)(f) 25,000 Paragraph 455(2)(g) 25,000 Paragraph 455(2)(h) 25,000 Paragraph 455(2)(i) 25,000 Paragraph 455(2)(j) 25,000 Paragraph 455(2)(k) 10,000 Paragraph 455(2)(l) 25,000 Paragraph 456(1)(a) 25,000 Paragraph 456(1)(b) 25,000 Paragraph 456(1)(c) 25,000 Paragraph 456(1)(d) 10,000 Subsection 456(2) 25,000 Section 457 25,000 Subsection 458(1) 10,000 Subsection 458(2) 10,000 Subsection 458(3) 10,000 Section 461 25,000 Section 462 25,000 Subsection 464(1) 25,000 Subsection 464(2) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 464(3) 25,000 Subsection 464(4) 25,000 Subsection 464(5) 25,000 Section 466 25,000 Section 468 25,000 Section 469 25,000 Subsection 471(1) 25,000 Subsection 471(2) 25,000 Subsection 471(3) 25,000 Subsection 471(4) 25,000 Subsection 471(6) 25,000 Subsection 472(1) 25,000 Section 473 25,000 Subsection 473.2(1) 10,000 Subsection 473.2(2) 25,000 Subsection 474(1) 25,000 Subsection 475(1) 25,000 Subsection 476(1) 25,000 Section 477 10,000 Subsection 478(1) 10,000 Subsection 478(2) 10,000 Subsection 478(3) 10,000 Section 479 25,000 Section 480 25,000 Subsection 481(1) 5,000 25,000 Subsection 481(2) 5,000 25,000 Section 484 5,000 25,000 Division 10 — Other Arodrome Operations Subsection 496(1) 25,000 PART 7 — OTHER AERODROMES Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Division 2 — Threats and Incidents Section 509 5,000 25,000 Paragraph 510(a) 5,000 25,000 Paragraph 510(b) 5,000 25,000 Section 511 5,000 25,000 Paragraph 512(a) 5,000 25,000 Paragraph 512(b) 5,000 25,000 Section 513 5,000 25,000 Section 514 3,000 10,000 Section 515 3,000 10,000 Division 3 — Emergency Planning Subsection 517(1) 5,000 25,000 Section 518 3,000 10,000 Subsection 519(1) 3,000 10,000 Subsection 519(2) 3,000 10,000 Subsection 519(3) 3,000 10,000 PART 8 — AIRCRAFT SECURITY Subsection 539(1) 5,000 25,000 Subsection 539(2) 5,000 25,000 Subsection 540(1) 5,000 25,000 Subsection 540(2) 5,000 25,000 Subsection 540(3) 5,000 Subsection 541(1) 5,000 25,000 Subsection 541(2) 5,000 25,000 Subsection 542(1) 5,000 25,000 Subsection 542(2) 5,000 25,000 Subsection 543(1) 3,000 10,000 Subsection 543(2) 3,000 10,000 Section 544 5,000 25,000 Section 545 5,000 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation PART 11 — AIR CARGO Section 671 5,000 25,000 Subsection 672(1) 5,000 25,000 Section 673 5,000 25,000 Section 674 5,000 25,000 Paragraph 675(1)(a) 5,000 25,000 Paragraph 675(1)(b) 5,000 25,000 Paragraph 675(1)(c) 3,000 10,000 Paragraph 675(1)(d) 5,000 25,000 Paragraph 675(1)(e) 5,000 25,000 Paragraph 675(1)(f) 5,000 25,000 Paragraph 675(1)(g) 5,000 25,000 Subsection 675(3) 5,000 25,000 Paragraph 676(1)(a) 5,000 25,000 Paragraph 676(1)(b) 3,000 10,000 Paragraph 676(1)(c) 5,000 25,000 Paragraph 676(1)(d) 5,000 25,000 Paragraph 676(1)(e) 5,000 25,000 Paragraph 676(1)(f) 5,000 25,000 Subsection 676(3) 5,000 25,000 Paragraph 677(a) 5,000 25,000 Paragraph 677(b) 5,000 25,000 Subsection 679(1) 5,000 25,000 Subsection 679(2) 5,000 25,000 Subsection 680(1) 5,000 25,000 Subsection 680(2) 5,000 25,000 Section 681 5,000 25,000 Section 682 5,000 25,000 Section 683 3,000 10,000 Subsection 684(1) 3,000 10,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 SCHEDULE 4 Column 1 Column 2 Column 3 Designated Provision Maximum Amount Maximum Amount Payable ($) Payable ($) Individual Corporation Subsection 684(3) 3,000 10,000 Subsection 684(4) 3,000 10,000 Subsection 685(1) 3,000 10,000 Subsection 685(2) 3,000 10,000 Section 686 5,000 25,000 SOR/2012-48, ss. 39 to 64; SOR/2014-153, ss. 50 to 74; SOR/2014-161, ss. 3, 4; SOR/ 2015-163, s. 4; SOR/2016-39, s. 4; SOR/2019-183, s. 14; SOR/2022-92, s. 28; SOR/ 2022-92, s. 29; SOR/2022-92, s. 30; SOR/2022-92, s. 31; SOR/2022-92, s. 32; SOR/ 2022-92, s. 33; SOR/2022-92, s. 35; SOR/2022-92, s. 36; SOR/2022-92, s. 37. Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2022-92, s. 14 14 The reference “[65 to 75 reserved]” after section 64 of the Regulations is replaced by the following: PART 2 CATSA Security Program CATSA Security Program Requirements Requirement to establish and implement 65 (1) CATSA must establish and implement a security program in order to safeguard information, equipment, information technology infrastructure, facilities and all other assets related to screening operations. Program requirements (2) As part of its security program, CATSA must (a) develop a security policy statement that establishes an overall security commitment and direction and sets out the security objectives; (b) establish and implement a security awareness program that promotes a culture of vigilance among its employees; (c) conduct a security risk assessment in accordance with section 69; (d) assess risk information and disseminate it within its organization for the purpose of facilitating informed decision-making about security; (e) establish a strategic security plan in accordance with section 73; (f) identify the security official referred to in subsection (3); (g) subject to section 31, establish and implement a process for receiving, identifying, retaining, disclosing Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; and (h) establish and implement a process for responding to security incidents and breaches. Security official (3) CATSA must have, at all times, at least one security official or acting security official who is responsible for acting as the principal contact between CATSA and the Minister with respect to the security program. Documentation 66 (1) CATSA must keep (a) documentation related to its security risk assessment and any review of it for at least five years; (b) documentation related to its strategic security plan and any amendment to it for at least five years; and (c) all other documentation related to its security program for at least two years. Ministerial access (2) CATSA must make the documentation available to the Minister on reasonable notice given by the Minister. Requirement to amend 67 CATSA must amend its security program if it identifies a security risk that is not addressed by the program. Committees Multi-agency advisory committee 68 CATSA must be an active member of an aerodrome’s multi-agency advisory committee referred to in sections 196 and 353. Security Risk Assessments Security risk assessments 69 CATSA must have a security risk assessment that identifies and assesses the risks in respect of information, equipment, information technology infrastructure, Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE facilities and all other assets related to screening operations and that includes the following elements: (a) a threat assessment that evaluates the probability of a disruption to security screening services caused by an unauthorized access or an act or attempted act of unlawful interference; (b) a criticality assessment that prioritizes the information, equipment, information technology infrastructure, facilities and all other assets related to screening operations that most require protection from acts and attempted acts of unlawful interference; (c) a vulnerability assessment that considers the extent to which information, equipment, information technology infrastructure, facilities and all other assets related to screening operations are susceptible to loss or damage; and (d) an impact assessment that, at a minimum, measures the consequences of a security screening incident or potential security screening incident in terms of (i) a decrease in public safety and security, (ii) financial and economic loss, and (iii) a loss of public confidence. Submission for approval 70 (1) CATSA must submit its initial security risk assessment to the Minister for approval. Submission — five years (2) CATSA must submit a new security risk assessment to the Minister within five years after the date of the most recent approval. Security risk assessment — annual review 71 (1) CATSA must conduct a review of its security risk assessment at least once a year. Security risk assessment — other reviews (2) CATSA must also conduct a review of its security risk assessment if Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE (a) it acquires new equipment, information technology infrastructure, facilities or any other new assets related to screening operations; (b) it makes changes to security screening operations that could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; (c) a change in regulatory requirements could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; or (d) it identifies a vulnerability that is not addressed in the assessment or the Minister identifies such a vulnerability to CATSA. Equivalency (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1). Documentation (4) When CATSA conducts a review of its security risk assessment, it must document (a) any decision to amend or to not amend the assessment or the risk-management strategy; (b) the reasons for that decision; and (c) the factors that were taken into consideration in making that decision. Notification (5) CATSA must notify the Minister if, as a result of a review of its security risk assessment, it amends the assessment (a) to include a new medium to high risk; or (b) to raise or lower the level of a risk within the medium to high range. Approval 72 The Minister must approve a security risk assessment submitted by CATSA if (a) the assessment meets the requirements of section 69; Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE (b) the assessment has been reviewed by an executive within CATSA who is responsible for security; (c) CATSA has considered all available and relevant information; and (d) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations. Strategic Security Plans Strategic security plans 73 (1) CATSA must establish a strategic security plan that (a) summarizes its strategy to prepare for, detect, prevent, respond to and recover from threats identified in the security risk assessment; and (b) includes a risk-management strategy that addresses the medium to high security risks identified and prioritized in its security risk assessment. Submission for approval (2) CATSA must submit its strategic security plan to the Minister for approval. Approval of plan (3) The Minister must approve a strategic security plan submitted by CATSA if (a) the plan meets the requirements of subsection (1); (b) the plan has been reviewed by an executive within CATSA who is responsible for security; (c) the plan is likely to enable CATSA to prepare for, detect, prevent, respond to and recover from an unauthorized access to or acts or attempted acts of unlawful interference with information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; (d) the risk-management strategy is in proportion to the risks it addresses; (e) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; and Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE (f) the plan can be implemented without compromising security. Implementation (4) CATSA must, as soon as its strategic security plan is approved, implement its risk-management strategy. Amendments 74 (1) CATSA may amend its strategic security plan at any time, but must do so if (a) the plan does not reflect CATSA’s most recent security risk assessment; (b) the Minister informs CATSA that there is a change in the threat environment that could result in a new or unaddressed medium to high risk to information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; (c) CATSA identifies a deficiency in the plan; or (d) the Minister informs CATSA that its risk-management strategy is not in proportion to a risk set out in its security risk assessment. Documentation (2) If CATSA amends its strategic security plan, it must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Submission of amendment (3) If CATSA amends its strategic security plan, it must, as soon as possible, submit the amendment to the Minister for approval. Approval (4) The Minister must approve an amendment if (a) in the case of an amendment to the summary required under paragraph 73(1)(a), the conditions set out in paragraphs 73(3)(a) to (c) have been met; or Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE (b) in the case of an amendment to the risk-management strategy required under paragraph 73(1)(b), the conditions set out in paragraphs 73(3)(a) to (f) have been met. Implementation (5) If CATSA amends its risk-management strategy, it must implement the amended version of the strategy once it is approved by the Minister. Disclosure of Information Prohibition 75 A person other than the Minister must not disclose security-sensitive information that is created or used under this Part unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction. — SOR/2022-92, s. 34 34 Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 64(2)”: Column 1 Column 2 Column 3 Maximum Amount Maximum Amount Payable ($) Payable ($) Designated Provision Individual Corporation PART 2 — CATSA SECURITY PROGRAM Subsection 65(1) 25,000 Paragraph 65(2)(a) 25,000 Paragraph 65(2)(c) 25,000 Paragraph 65(2)(f) 25,000 Paragraph 65(2)(g) 25,000 Paragraph 65(2)(h) 25,000 Subsection 65(3) 25,000 Paragraph 66(1)(a) 25,000 Paragraph 66(1)(b) 25,000 Current to June 20, 2022 Last amended on May 11, 2022 Canadian Aviation Security Regulations, 2012 AMENDMENTS NOT IN FORCE Column 1 Column 2 Column 3 Maximum Amount Maximum Amount Payable ($) Payable ($) Designated Provision Individual Corporation Paragraph 66(1)(c) 10,000 Subsection 66(2) 25,000 Section 67 25,000 Section 68 25,000 Section 69 25,000 Subsection 70(1) 25,000 Subsection 70(2) 25,000 Subsection 71(1) 25,000 Subsection 71(2) 25,000 Subsection 71(4) 25,000 Subsection 71(5) 25,000 Subsection 73(1) 25,000 Subsection 73(2) 25,000 Subsection 73(4) 25,000 Subsection 74(1) 25,000 Subsection 74(2) 25,000 Subsection 74(3) 25,000 Subsection 74(5) 25,000 Section 75 Current to June 20, 2022 Last amended on May 11, 2022 5,000 25,000
CONSOLIDATION Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SOR/2016-19 Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations Definition 1 Definition of Act Designated Provisions 2 Provisions of Act and regulations Classification 3 Provisions Penalties 4 Penalty Service of Documents 5 Manner of service Coming into Force *6 S.C. 2015, c. 4 SCHEDULE 1 Violations SCHEDULE 2 Current to June 20, 2022 Last amended on February 27, 2016 ii Registration SOR/2016-19 February 19, 2016 CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT Canada–Newfoundland and Labrador Petroleum Administrative Monetary Regulations P.C. 2016-67 Offshore Penalties February 19, 2016 Whereas, pursuant to subsection 7(1)a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Actb, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations and the Provincial Minister has approved the making of those Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 202.01(1)c of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Actb, makes the annexed Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations. a S.C. 2015, c. 4, s. 38 b S.C. 1987, c. 3; S.C. 2014, c. 13, s. 3 c S.C. 2015, c. 4, s. 66 Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Off‐ shore Petroleum Administrative Monetary Penalties Regulations Definition Definition of Act 1 In these Regulations, Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. Designated Provisions Provisions of Act and regulations 2 (1) The contravention of a provision of Part III of the Act or of a regulation made under that Part that is set out in column 1 of a Part of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 202.01 to 202.93 of the Act. Directions, requirements, decisions and orders (2) The contravention of a direction, requirement, decision or order made under Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 202.01 to 202.93 of the Act. Terms and conditions (3) The contravention of a term or condition of an operating licence or authorization that is issued, or of an approval or exemption that is granted, under Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 202.01 to 202.93 of the Act. Classification Provisions 3 (1) The contravention of a provision that is set out in column 1 of a Part of Schedule 1 is a Type A or Type B violation as set out in column 2 of that Part. Directions, requirements, decisions, orders, terms and conditions (2) The contravention of a direction, requirement, decision or order referred to in subsection 2(2) or of a term or Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations Classification Sections 3-4 condition referred to in subsection 2(3) is a Type B violation. Penalties Penalty 4 (1) The penalty for a violation with a total gravity value set out in column 1 of Schedule 2 is, in the case of a Type A violation, the corresponding amount set out in column 2 and, in the case of a Type B violation, the corresponding amount set out in column 3. Determination of total gravity value (2) The total gravity value in respect of a violation is to be established by (a) considering each of the criteria in column 1 of the table to this section; (b) ascribing to each criterion an appropriate gravity value as set out in column 2, having regard to the circumstances of the violation (with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity); and (c) adding the values obtained. TABLE Column 1 Item Criteria Whether the person who committed the violation was fi have committed a previous violation set out in a notice National Energy Board or the Canada-Nova Scotia Offsh Whether the person derived any competitive or econom Whether the person made reasonable efforts to mitigat Whether there was negligence on the person’s part Whether the person provided all reasonable assistance violation Whether the person, after becoming aware of the violat Whether the person has taken any steps to prevent a re For Type B violations, whether the violation was primar keeping requirement Whether the violation increased a risk of harm to peopl waste Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations Penalties Sections 4-5 TABLEAU Colonne 1 Article Éléments Le fait que le contrevenant a été antérieurement déc ou considéré comme responsable d’une violation à été dressé par l’Office, l’Office national de l’énergie des hydrocarbures extracôtiers Les avantages concurrentiels ou économiques que l commise Le caractère raisonnable des efforts que le contreve neutraliser les incidences de la violation commise La négligence du contrevenant Le fait que le contrevenant a fourni toute l’assistanc violation commise La rapidité avec laquelle, après avoir constaté la vio fait rapport à l’Office Les mesures que le contrevenant a prises afin d’évit reproduise Dans le cas d’une violation de type B, le fait que les principalement la production de rapports ou la tenu Le fait que la violation commise a augmenté les risq l’environnement ou les risques de gaspillage Service of Documents Manner of service 5 (1) The service of a document that is authorized or required by section 202.06 or 202.5 of the Act is to be made (a) if the person to be served is an individual, by (i) leaving a copy of it with that individual, (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and (b) if the person to be served is not an individual, by (i) leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business, Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations Service of Documents Sections 5-6 (ii) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subparagraph (i). Deemed service (2) A document that is not personally served is considered to be served (a) in the case of a copy that is left with a person referred to in subparagraph (1)(a)(ii), on the day on which it is left with that person; (b) in the case of a copy that is sent by registered mail or courier, on the 10th day after the date indicated in the receipt issued by the postal or courier service; and (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted. Coming into Force S.C. 2015, c. 4 6 These Regulations come into force on the day on which section 66 of the Energy Safety and Security Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force February 27, 2016.] Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations SCHEDULE 1 (Subsections 2(1) and 3(1)) Violations PART 1 Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Column 1 Column 2 Item Provision Classification Type B 139.1(3) Type B 139.2(2) Type B 139.2(5) Type B 161(1) Type B 161(2) Type B 161(3) Type B 163(1.1) Type B 163(3) Type B 171(1) Type B 172(1) Type B Type B Type B 193(9) Type B 193.2(1) Type B 194(1)(d) Type B PART 2 Newfoundland Offshore Area Oil and Gas Operations Regulations Column 1 Column 2 Item Provision Classification Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification Type B Type B PART 3 Newfoundland Offshore Petroleum Installations Regulations Column 1 Column 2 Item Provision Classification 3(a) Type B 3(b) Type B 3(c) Type B 4(1) Type B 5(1) Type B Type B Type B 8(2) Type B 8(3) Type B 8(4) Type B 8(5) Type B 8(6) Type B 8(7)(a) Type B 8(7)(b) Type B 8(8) Type B 9(1) Type B 9(6) Type B 10(1) Type B 10(2) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 10(3) Type B 10(4) Type B 10(5) Type B 10(6) Type B 10(7) Type B 10(8) Type B 10(9) Type B 10(10) Type B 10(11) Type B 11(1) Type B 11(2) Type B 11(3) Type B 11(4) Type B 11(5) Type B 12(1) Type B 12(2) Type B 12(3) Type B 12(4) Type B 12(5) Type B 12(6) Type B 12(7) Type B 13(1) Type B 13(2) Type B 13(3) Type B 13(4) Type B 13(5) Type B 13(6) Type B 13(7) Type B 13(8) Type B 13(9) Type B 13(10) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 13(11) Type B 13(12) Type B 13(13) Type B 13(14) Type B 14(1)(a) Type B 14(1)(b) Type B 14(1)(c) Type B 14(1)(d) Type B 14(1)(e) Type B 14(1)(f) Type B 14(1)(g) Type B 14(2) Type B 14(3) Type B 14(4) Type B 15(1) Type B 15(2) Type B Type B 17(2) Type B 17(3) Type B 17(4) Type B 17(9) Type B 18(1) Type B 18(2) Type B 18(4) Type B 18(8) Type B 18(9) Type B 18(10) Type B 18(11) Type B 18(12) Type B 18(13) Type B 19(a) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 19(b) Type B 19(c) Type B 19(d) Type B 19(e) Type B 19(f) Type B 19(g) Type B 19(h) Type B 19(i) Type B 19(j) Type B 19(k) Type B Type B 22(1)(a) Type B 22(1)(b) Type B 22(1)(c) Type B 22(1)(d) Type B 22(1)(e) Type B 22(1)(f) Type B 22(2) Type B 22(3) Type B 22(4) Type B 22(5) Type B 22(6) Type B 23(2)(a) Type B 23(2)(b) Type B 23(2)(c) Type B 23(2)(d) Type B 23(2)(e) Type B 23(2)(f) Type B 23(2)(g) Type B 23(2)(h) Type B 23(2)(i) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 23(2)(j) Type B 23(2)(k) Type B 23(2)(l) Type B 23(2)(m) Type B 23(2)(n) Type B 23(2)(o) Type B 23(2)(p) Type B 23(2)(q) Type B 23(2)(r) Type B 23(2)(s) Type B 23(2)(t) Type B 23(2)(u) Type B 23(4) Type B 23(5) Type B 24(1) Type B 24(2) Type B 24(3) Type B 24(4) Type B 25(2) Type B 25(3) Type B 25(4) Type B 25(5) Type B 25(6) Type B 26(2) Type B 26(3) Type B 26(4) Type B 26(5) Type B 27(1) Type B 27(2) Type B 27(3) Type B 27(4) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 27(5) Type B 27(6) Type B 27(7) Type B 27(8) Type B 27(9) Type B 27(10) Type B 27(11) Type B 28(1) Type B 28(2) Type B 28(3) Type B 28(4) Type B 28(5) Type B 28(6) Type B 28(7) Type B 28(8) Type B 28(9) Type B 28(10) Type B 28(11) Type B 29(1) Type B 29(2) Type B 29(3) Type B 29(4) Type B 29(5) Type B 29(6) Type B 29(7) Type B 29(8) Type B 29(9) Type B 30(1) Type B 30(2) Type B 30(3) Type B 30(4) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 31(1) Type B 31(2) Type B 31(3) Type B 31(4) Type B 32(1) Type B 32(2) Type B 32(3) Type B 32(4) Type B 32(5) Type B 33(2)(c) Type B 34(1) Type B 34(2) Type B 34(3) Type B 35(1) Type B 35(2) Type B 35(3) Type B 35(4) Type B 35(5) Type B 36(1) Type B 36(2) Type B 36(3) Type B 36(4) Type B 36(5) Type B 36(6) Type B 36(7) Type B 43(8) Type B 48(3) Type B 49(1) Type B 49(2) Type B 49(3) Type B 49(4) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 49(5) Type B 49(6) Type B Type B 56(2) Type B 56(4) Type B 56(5) Type B 56(7) Type B 56(8) Type B 56(9) Type B 57(1) Type B 57(2) Type B 57(3) Type B 57(4) Type B 57(5) Type B 57(6) Type B 57(7) Type B 57(8) Type B 57(9) Type B 57(10) Type B 57(11) Type B 57(12) Type B 58(1) Type B 58(2) Type B 58(3) Type B 58(4) Type B 58(5) Type B 58(6) Type B 58(7) Type B 58(8) Type B 58(9) Type B 58(10) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 58(11) Type B 58(12) Type B 58(13) Type B 58(14) Type B 59(1) Type B 59(13) Type B 60(1) Type B 60(2) Type B 61(7) Type B 61(17) Type B 61(18) Type B 62(2) Type B 62(3) Type B 62(4) Type B 63(1) Type B 63(2) Type B Type B Type B 67(1) Type B 67(3) Type B 67(4) Type B Type B Type A 70(1) Type B 70(2) Type B 70(3) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations PART 4 Newfoundland Offshore Area Petroleum Geophysical Operations Regulations Column 1 Column 2 Item Provision Classification Type B Type A Type B Type B 10(a) Type B 10(b) Type B 10(c) Type B 11(a) Type B 11(b) Type B 11(c) Type B 11(d) Type B 11(e) Type B 11(f) Type B 12(1) Type B 12(2)(a) Type B 12(2)(b) Type B 12(2)(c) Type B 12(2)(d) Type B 12(2)(e) Type B 12(2)(f) Type B 12(3) Type B 12(4) Type B 13(a) Type B 13(b) Type B 13(c) Type B 13(d) Type B 13(e) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 13(f) Type B 13(g) Type B 14(a) Type B 14(b) Type B 14(c) Type B 15(a) Type B 15(b) Type B Type B Type B 18(a) Type B 18(b) Type B 18(c) Type B 18(d) Type B Type B 20(1) Type B 20(2) Type B 21(1) Type B 22(1)(a) Type B 22(1)(b) Type B 22(1)(c) Type B 22(1)(d) Type B 22(3) Type B Type A Type A 25(1) Type A 25(2) Type A 25(4) Type A 25(5) Type A 25(6) Type A 25(7) Type A 25(8) Type A Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 25(9) Type A 26(1)(a) Type A 26(1)(b) Type A 26(1)(c) Type A 26(1)(d) Type A 26(1)(e) Type A 26(1)(f) Type A 26(2) Type B 26(4) Type B 26(7) Type B Type B PART 5 Newfoundland Offshore Petroleum Drilling and Production Regulations Column 1 Column 2 Item Provision Classification 10(1) Type B 17(1) Type B 17(2) Type B Type B 19(a) Type B 19(b) Type B 19(c) Type B 19(d) Type B 19(e) Type B 19(f) Type B 19(g) Type B 19(h) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 19(i) Type B 19(j) Type B 19(k) Type B 19(l) Type B 19(m) Type B 20(1) Type B 20(2) Type B 21(1) Type B 21(2) Type B 22(a) Type B 22(b) Type B Type B 24(1) Type B 24(2) Type B 25(a) Type B 25(b) Type B 25(c) Type B 26(a) Type B 26(b) Type B 27(1) Type B 27(2) Type B 28(a) Type B 28(b) Type B 29(1) Type B 29(2) Type B Type B Type B 32(a) Type B 32(b) Type B 33(a) Type B 33(b) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 33(c) Type B 34(1)(a) Type B 34(1)(b) Type B 34(1)(c) Type B 34(2) Type B 34(3) Type B Type B 36(1) Type B 36(2) Type B 36(3) Type B 36(4) Type B Type B Type B Type B Type B Type B Type B Type B 45(a) Type B 45(b) Type B 45(c) Type B 46(1)(a) Type B 46(1)(b) Type B 46(1)(c) Type B 46(1)(d) Type B 46(1)(e) Type B 46(1)(f) Type B 46(1)(g) Type B 46(1)(h) Type B 46(1)(i) Type B 46(1)(j) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 46(2)(a) Type B 46(2)(b) Type B Type B Type B 50(1)(a) Type B 50(1)(b) Type B Type B 52(1)(a) Type B 52(1)(b) Type B 52(2) Type B 53(a) Type B 53(b) Type B 53(c) Type B Type B Type B Type B Type B Type B Type B 60(1) Type B 60(2) Type B 61(1) Type B 61(2) Type B 62(a) Type B 62(b) Type B 62(c) Type B 62(d) Type B 63(a) Type B 63(b) Type A Type B 65(a) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 65(b) Type B 65(c) Type B 66(1) Type B 66(3) Type B Type B Type B Type B 70(1) Type B 70(2) Type B 70(3) Type B 71(2) Type B 71(3) Type B 72(a) Type B 72(b) Type B 73(1) Type B 73(3) Type B Type A 75(1) Type B 76(1)(a) Type B 76(2)(a) Type B 76(2)(b) Type B 77(1) Type A 77(2) Type A 78(a) Type A 78(b) Type A 78(c) Type A 78(d) Type A 78(e) Type A 79(a) Type B 79(b) Type B Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 81(a) Type B 81(b) Type B 82(a) Type B 82(b) Type B 83(2) Type B 83(3) Type B 84(a) Type B 84(b) Type B 84(c) Type B 85(1) Type A 85(2) Type A Type A 87(1) Type A 87(2) Type A Type B 89(1) Type A 89(2) Type A 90(1) Type B 90(2) Type A Type A Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 2 SCHEDULE 2 (Subsection 4(1)) Penalties Column 1 Column 2 Column 3 Type A Violation Type B Violation Total Gravity Any Other Any Other Item Value Individual Person Individual Person 1 -3 or less $250 $1,000 $1,000 $4,000 -2 $595 $2,375 $4,000 $16,000 -1 $990 $3,750 $7,000 $28,000 $1,365 $5,025 $10,000 $40,000 $1,740 $6,300 $13,000 $52,000 $2,115 $7,575 $16,000 $64,000 $2,490 $8,850 $19,000 $76,000 $2,865 $10,125 $22,000 $88,000 5 or more $3,000 $12,000 $25,000 $100,000 Current to June 20, 2022 Last amended on February 27, 2016
CONSOLIDATION CETA Tariff Preference Regulations SOR/2017-177 Current to June 20, 2022 Last amended on September 21, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on September 21, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on September 21, 2017 TABLE OF PROVISIONS CETA Tariff Preference Regulations 1 Interpretation General *3 Coming into Force Current to June 20, 2022 Last amended on September 21, 2017 ii Registration SOR/2017-177 September 1, 2017 CUSTOMS TARIFF CETA Tariff Preference Regulations P.C. 2017-1126 August 31, 2017 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CETA Tariff Preference Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on September 21, 2017 CETA Tariff Preference Regulations Interpretation 1 In these Regulations, originating means qualifying as originating in the territory of a Party under the rules of origin set out in the Protocol on Rules of Origin and Origin Procedures of the Canada-European Union Comprehensive Economic and Trade Agreement. General 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating products exported from an EU country or other CETA beneficiary are entitled to the benefit of the Canada-European Union Tariff if (a) the products are shipped to Canada from an EU country or other CETA beneficiary without shipment through another country, either (i) on a through bill of lading, or (ii) without a through bill of lading and the importer provides, when requested by an officer, documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the products; or (b) the products are shipped to Canada through another country and the importer provides, when requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the products, and (ii) a copy of the customs control documents that establish that the products remained under customs control while in that other country. Coming into Force 3 These Regulations come into force the day on which section 97 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, chapter 6 of the Statutes of Canada, 2017, comes into * Current to June 20, 2022 Last amended on September 21, 2017 CETA Tariff Preference Regulations Coming into Force Section 3 force, but if they are registered after that day, they come into force on the day on which they are registered. [Note: Regulations in force September 21, 2017, see SI/ 2017-47.] * Current to June 20, 2022 Last amended on September 21, 2017
CONSOLIDATION Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SOR/2016-25 Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Canada Oil and Gas Operations Administrative Monetary Penalties Regulations Definition 1 Definition of Act Designated Provisions 2 Provisions of Act and regulations Classification 3 Provisions Penalties 4 Penalty Service of Documents 5 Manner of service Coming into Force *6 S.C. 2015, c. 4 SCHEDULE 1 Violations SCHEDULE 2 Current to June 20, 2022 Last amended on February 27, 2016 ii Registration SOR/2016-25 February 19, 2016 CANADA OIL AND GAS OPERATIONS ACT Canada Oil and Gas Operations Administrative Monetary Penalties Regulations P.C. 2016-73 February 19, 2016 Whereas, pursuant to subsection 15(1) of the Canada Oil and Gas Operations Acta, a copy of the proposed Canada Oil and Gas Operations Administrative Monetary Penalties Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 11, 2015 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources and the Minister of Indian Affairs and Northern Development, pursuant to subsection 71.01(1)b of the Canada Oil and Gas Operations Acta, makes the annexed Canada Oil and Gas Operations Administrative Monetary Penalties Regulations. a R.S., c. O-7; S.C. 1992, c. 35, s. 2 b S.C. 2015, c. 4, s. 27 Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations Definition Definition of Act 1 In these Regulations, Act means the Canada Oil and Gas Operations Act. Designated Provisions Provisions of Act and regulations 2 (1) The contravention of a provision of the Act or of a regulation made under the Act that is set out in column 1 of a Part of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 71.01 to 72.02 of the Act. Directions, requirements, decisions and orders (2) The contravention of a direction, requirement, decision or order made under the Act is designated as a violation that may be proceeded with in accordance with sections 71.01 to 72.02 of the Act. Terms, conditions and requirements (3) The contravention of a term, condition or requirement of an operating licence or authorization, or of an approval, leave or exemption granted, under the Act is designated as a violation that may be proceeded with in accordance with sections 71.01 to 72.02 of the Act. Classification Provisions 3 (1) The contravention of a provision that is set out in column 1 of a Part of Schedule 1 is a Type A or Type B violation as set out in column 2 of that Part. Directions, requirements, decisions, orders, terms and conditions (2) The contravention of a direction, requirement, decision or order referred to in subsection 2(2) or of a term, condition or requirement referred to in subsection 2(3) is a Type B violation. Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations Penalties Section 4 Penalties Penalty 4 (1) The penalty for a violation with a total gravity value set out in column 1 of Schedule 2 is, in the case of a Type A violation, the corresponding amount set out in column 2 and, in the case of a Type B violation, the corresponding amount set out in column 3. Determination of total gravity value (2) The total gravity value in respect of a violation is to be established by (a) considering each of the criteria in column 1 of the table to this section; (b) ascribing to each criterion an appropriate gravity value as set out in column 2, having regard to the circumstances of the violation (with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity); and (c) adding the values obtained. TABLE Column 1 Item Criteria Whether the person who committed the violation was fi have committed a previous violation set out in a notice Energy Board, the Canada–Newfoundland and Labrado Canada-Nova Scotia Offshore Petroleum Board Whether the person derived any competitive or econom Whether the person made reasonable efforts to mitigat Whether there was negligence on the person’s part Whether the person provided all reasonable assistance respect to the violation Whether the person, after becoming aware of the violat National Energy Board Whether the person has taken any steps to prevent a re For Type B violations, whether the violation was primar keeping requirement Whether the violation increased a risk of harm to peopl waste Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations Penalties Sections 4-5 TABLEAU Colonne 1 Article Éléments Le fait que le contrevenant a été antérieurement déc ou considéré comme responsable d’une violation à été dressé par l’Office national de l’énergie, l’Office des hydrocarbures extracôtiers ou l’Office Canada — extracôtiers Les avantages concurrentiels ou économiques que l commise Le caractère raisonnable des efforts que le contreve neutraliser les incidences de la violation commise La négligence du contrevenant Le fait que le contrevenant a fourni toute l’assistanc l’énergie relativement à la violation commise La rapidité avec laquelle, après avoir constaté la vio fait rapport à l’Office national de l’énergie Les mesures que le contrevenant a prises afin d’évit reproduise Dans le cas d’une violation de type B, le fait que les principalement la production de rapports ou la tenu Le fait que la violation commise a augmenté les risq l’environnement ou les risques de gaspillage Service of Documents Manner of service 5 (1) The service of a document that is authorized or required by section 71.06 or 71.5 of the Act is to be made (a) if the person to be served is an individual, by (i) leaving a copy of it with that individual, (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and (b) if the person to be served is not an individual, by (i) leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business, Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations Service of Documents Sections 5-6 (ii) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subparagraph (i). Deemed service (2) A document that is not personally served is considered to be served (a) in the case of a copy that is left with a person referred to in subparagraph (1)(a)(ii), on the day on which it is left with that person; (b) in the case of a copy that is sent by registered mail or courier, on the 10th day after the date indicated in the receipt issued by the postal or courier service; and (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted. Coming into Force S.C. 2015, c. 4 6 These Regulations come into force on the day on which section 27 of the Energy Safety and Security Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force February 27, 2016.] Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations SCHEDULE 1 (Subsections 2(1) and 3(1)) Violations PART 1 Canada Oil and Gas Operations Act Column 1 Column 2 Item Provision Classification Type B 4.01(1)(a) Type B 4.01(1)(b) Type B 4.01(1)(c) Type B 4.01(1)(d) Type B 5.011 Type B 5.11(3) Type B 5.12(2) Type B 5.12(5) Type B 5.37(1) Type B 5.37(2) Type B 17(4) Type B 25(1) Type B 25(2) Type B 25(3) Type B 26.1(4) Type B 26.1(5) Type B 27(1.1) Type B 27(1.2) Type B 27(3) Type B 27(5) Type B 36(1) Type B 37(1) Type B Type B Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 58(6) Type B 58.2(1) Type B 60(1)(b) Type B PART 2 Canada Oil and Gas Operations Regulations Column 1 Column 2 Item Provision Classification Type B Type B Type B PART 3 Canada Oil and Gas Geophysical Operations Regulations Column 1 Column 2 Item Provision Classification Type B Type A Type B Type B 10(a) Type B 10(b) Type B 10(c) Type B 11(a) Type B 11(b) Type B 11(c) Type B 11(d) Type B 11(e) Type B 11(f) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 12(1) Type B 12(2)(a) Type B 12(2)(b) Type B 12(2)(c) Type B 12(2)(d) Type B 12(2)(e) Type B 12(2)(f) Type B 12(3) Type B 12(4) Type B 13(a) Type B 13(b) Type B 13(c) Type B 13(d) Type B 13(e) Type B 13(f) Type B 13(g) Type B 14(a) Type B 14(b) Type B 14(c) Type B 15(a) Type B 15(b) Type B 16(a) Type B 16(b) Type B 16(c) Type B 17(1)(a) Type B 17(1)(b) Type B 17(1)(c) Type B 17(1)(d) Type B 17(2) Type B 17(3)(a) Type B 17(3)(b) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 18(1)(a) Type B 18(1)(b) Type B 18(1)(c) Type B 18(1)(d) Type B 18(1)(e) Type B 18(2) Type B 19(1)(a) Type B 19(1)(b) Type B 19(2)(a) Type B 19(2)(b) Type B 19(2)(c) Type B 19(3) Type B 20(1)(a) Type B 20(1)(b) Type B 20(1)(c) Type B 20(1)(d) Type B 20(1)(e) Type B 20(1)(f) Type B 20(2)(a) Type B 20(2)(b) Type B 20(2)(c) Type B 20(3)(a) Type B 20(3)(b) Type B 20(3)(c) Type B 20(3)(d) Type B 20(4) Type B Type B 22(a) Type B 22(b) Type B 22(c) Type B 22(d) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 22(e) Type B 22(f) Type B 22(g) Type B 22(h) Type B 22(i) Type B 22(j) Type B 22(k) Type B 22(l) Type B 22(m) Type B 22(n) Type B 23(1)(a) Type B 23(1)(b) Type B 23(1)(c) Type B 23(2) Type B 23(3) Type B 24(1)(a) Type B 24(1)(b) Type B 24(2) Type B 24(3) Type B 25(1)(a) Type B 25(1)(b) Type B 25(1)(c) Type B 25(1)(d) Type B 25(2)(a) Type B 25(2)(b) Type B 25(3) Type B 26(a) Type B 26(b) Type B 27(1) Type B 28(a) Type B 28(b) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification Type B 30(a) Type B 30(b) Type B 30(c) Type B 30(d) Type B Type B 32(a) Type B 32(b) Type B 33(1) Type B 33(2) Type B 34(1) Type B 35(1)(a) Type B 35(1)(b) Type B 35(1)(c) Type B 35(2)(a) Type B 35(2)(b) Type B 35(4) Type B Type A Type A 38(1) Type A 38(2) Type A 38(4) Type A 38(5) Type A 38(6) Type A 38(7) Type A 38(8) Type A 38(9) Type A 39(1)(a) Type A 39(1)(b) Type A 39(1)(c) Type A 39(1)(d) Type A Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 39(1)(e) Type A 39(1)(f) Type A 39(2) Type B 39(4) Type B 39(7) Type B Type B PART 4 Canada Oil and Gas Installations Regulations Column 1 Column 2 Item Provision Classification 3(a) Type B 3(b) Type B 3(c) Type B 4(1) Type B 5(1) Type B Type B Type B 8(2) Type B 8(3) Type B 8(4) Type B 8(5) Type B 8(6) Type B 8(7) Type B 8(8)(a) Type B 8(8)(b) Type B 8(9) Type B 9(1) Type B 9(6) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 10(1) Type B 10(2) Type B 10(3) Type B 10(4) Type B 10(5) Type B 10(6) Type B 10(7) Type B 10(8) Type B 10(9) Type B 10(10) Type B 10(11) Type B 11(1) Type B 11(2) Type B 11(3) Type B 11(4) Type B 11(5) Type B 12(1) Type B 12(2) Type B 12(3) Type B 12(4) Type B 12(5) Type B 12(6) Type B 12(7) Type B 12(8) Type B 13(1) Type B 13(2) Type B 13(3) Type B 13(4) Type B 13(5) Type B 13(6) Type B 13(7) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 13(8) Type B 13(9) Type B 13(10) Type B 13(11) Type B 13(12) Type B 13(13) Type B 13(14) Type B 14(1)(a) Type B 14(1)(b) Type B 14(1)(c) Type B 14(1)(d) Type B 14(1)(e) Type B 14(1)(f) Type B 14(1)(g) Type B 14(2) Type B 14(3) Type B 14(4) Type B 15(1) Type B 15(2) Type B Type B 17(2) Type B 17(3) Type B 17(4) Type B 17(9) Type B 18(1) Type B 18(2) Type B 18(4) Type B 18(8) Type B 18(9) Type B 18(10) Type B 18(11) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 18(12) Type B 18(13) Type B 19(1)(a) Type B 19(1)(b) Type B 19(2)(a) Type B 19(2)(b) Type B 19(2)(c) Type B 19(2)(d) Type B 19(2)(e) Type B 19(2)(f) Type B 19(2)(g) Type B 19(2)(h) Type B 19(2)(i) Type B 19(2)(j) Type B 19(2)(k) Type B Type B 22(1)(a) Type B 22(1)(b) Type B 22(1)(c) Type B 22(1)(d) Type B 22(1)(e) Type B 22(1)(f) Type B 22(2) Type B 22(3) Type B 22(4) Type B 22(5) Type B 22(6) Type B 23(2)(a) Type B 23(2)(b) Type B 23(2)(c) Type B 23(2)(d) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 23(2)(e) Type B 23(2)(f) Type B 23(2)(g) Type B 23(2)(h) Type B 23(2)(i) Type B 23(2)(j) Type B 23(2)(k) Type B 23(2)(l) Type B 23(2)(m) Type B 23(2)(n) Type B 23(2)(o) Type B 23(2)(p) Type B 23(2)(q) Type B 23(2)(r) Type B 23(2)(s) Type B 23(2)(t) Type B 23(2)(u) Type B 23(4) Type B 23(5) Type B 24(1) Type B 24(2) Type B 24(3) Type B 24(4) Type B 25(2) Type B 25(3) Type B 25(4) Type B 25(5) Type B 25(6) Type B 26(2) Type B 26(3) Type B 26(4) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 26(5) Type B 27(1) Type B 27(2) Type B 27(3) Type B 27(4) Type B 27(5) Type B 27(6) Type B 27(7) Type B 27(8) Type B 27(9) Type B 27(10) Type B 27(11) Type B 28(1) Type B 28(2) Type B 28(3) Type B 28(4) Type B 28(5) Type B 28(6) Type B 28(7) Type B 28(8) Type B 28(9) Type B 28(10) Type B 28(11) Type B 29(1) Type B 29(2) Type B 29(3) Type B 29(4) Type B 29(5) Type B 29(6) Type B 29(7) Type B 29(8) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 29(9) Type B 30(1) Type B 30(2) Type B 30(3) Type B 30(4) Type B 31(1) Type B 31(2) Type B 31(3) Type B 31(4) Type B 31(5) Type B 31(6) Type B 31(7) Type B 32(1) Type B 32(2) Type B 32(3) Type B 32(4) Type B 32(5) Type B 33(2)(c) Type B 34(1) Type B 34(2) Type B 34(3) Type B 35(1) Type B 35(2) Type B 35(3) Type B 35(4) Type B 35(5) Type B 36(1) Type B 36(2) Type B 36(3) Type B 36(4) Type B 36(5) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 36(6) Type B 36(7) Type B 44(8) Type B 49(3) Type B 50(1) Type B 50(2) Type B 50(3) Type B 50(4) Type B 50(5) Type B 50(6) Type B Type B 57(2) Type B 57(4) Type B 57(5) Type B 57(7) Type B 57(8) Type B 57(9) Type B 58(1) Type B 58(2) Type B 58(3) Type B 58(4) Type B 58(5) Type B 58(6) Type B 58(7) Type B 58(8) Type B 58(9) Type B 58(10) Type B 58(11) Type B 58(12) Type B 59(1) Type B 59(2) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 59(3) Type B 59(4) Type B 59(5) Type B 59(6) Type B 59(7) Type B 59(8) Type B 59(9) Type B 59(10) Type B 59(12) Type B 59(13) Type B 59(14) Type B 60(1) Type B 60(13) Type B 61(1) Type B 61(2) Type B 62(7) Type B 62(17) Type B 62(18) Type B 63(2) Type B 63(3) Type B 63(4) Type B 64(1) Type B 64(2) Type B Type B Type B 68(1) Type B 68(3) Type B 68(4) Type B Type B Type A 71(1) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 71(2) Type B 71(3) Type B PART 5 Canada Oil and Gas Drilling and Production Regulations Column 1 Column 2 Item Provision Classification 10(1) Type B 17(1) Type B 17(2) Type B Type B 19(a) Type B 19(b) Type B 19(c) Type B 19(d) Type B 19(e) Type B 19(f) Type B 19(g) Type B 19(h) Type B 19(i) Type B 19(j) Type B 19(k) Type B 19(l) Type B 19(m) Type B 20(1) Type B 20(2) Type B 21(1) Type B 21(2) Type B 22(a) Type B 22(b) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification Type B 24(1) Type B 24(2) Type B 25(a) Type B 25(b) Type B 25(c) Type B 26(a) Type B 26(b) Type B 27(1) Type B 27(2) Type B 28(a) Type B 28(b) Type B 29(1) Type B 29(2) Type B Type B Type B 32(a) Type B 32(b) Type B 33(a) Type B 33(b) Type B 33(c) Type B 34(1)(a) Type B 34(1)(b) Type B 34(1)(c) Type B 34(2) Type B 34(3) Type B Type B 36(1) Type B 36(2) Type B 36(3) Type B 36(4) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification Type B Type B Type B Type B Type B Type B Type B 45(a) Type B 45(b) Type B 45(c) Type B 46(1)(a) Type B 46(1)(b) Type B 46(1)(c) Type B 46(1)(d) Type B 46(1)(e) Type B 46(1)(f) Type B 46(1)(g) Type B 46(1)(h) Type B 46(1)(i) Type B 46(1)(j) Type B 46(2)(a) Type B 46(2)(b) Type B 47(1) Type B 47(2) Type B Type B 50(1)(a) Type B 50(1)(b) Type B Type B 52(1)(a) Type B 52(1)(b) Type B 52(2) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 53(a) Type B 53(b) Type B 53(c) Type B Type B Type B Type B Type B Type B Type B 60(1) Type B 60(2) Type B 61(1) Type B 61(2) Type B 62(a) Type B 62(b) Type B 62(c) Type B 62(d) Type B 63(a) Type B 63(b) Type A Type B 65(a) Type B 65(b) Type B 65(c) Type B 66(1) Type B 66(3) Type B Type B Type B Type B 70(1) Type B 70(2) Type B 70(3) Type B Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 71(2) Type B 71(3) Type B 72(a) Type B 72(b) Type B Type A 74(1) Type B 75(1)(a) Type B 75(2)(a) Type B 75(2)(b) Type B 76(1) Type A 76(2) Type A 77(a) Type A 77(b) Type A 77(c) Type A 77(d) Type A 77(e) Type A 78(a) Type B 78(b) Type B Type B 80(a) Type B 80(b) Type B 81(a) Type B 81(b) Type B 82(2) Type B 82(3) Type B 83(a) Type B 83(b) Type B 83(c) Type B 84(1) Type A 84(2) Type A Type A Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations Column 1 Column 2 Item Provision Classification 86(1) Type A 86(2) Type A Type B 88(1) Type A 88(2) Type A 89(1) Type B 89(2) Type A Type A Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Administrative Monetary Penalties Regulations SCHEDULE 2 SCHEDULE 2 (Subsection 4(1)) Penalties Column 1 Column 2 Column 3 Type A Violation Type B Violation Total Gravity Item Value Any Other Individual Person Individual Any Other Person -3 or less $250 $1,000 $1,000 $4,000 -2 $595 $2,375 $4,000 $16,000 -1 $990 $3,750 $7,000 $28,000 $1,365 $5,025 $10,000 $40,000 $1,740 $6,300 $13,000 $52,000 $2,115 $7,575 $16,000 $64,000 $2,490 $8,850 $19,000 $76,000 $2,865 $10,125 $22,000 $88,000 5 or more $3,000 $12,000 $25,000 $100,000 Current to June 20, 2022 Last amended on February 27, 2016
CONSOLIDATION CCOFTA Rules of Origin for Casual Goods Regulations SOR/2011-132 Current to June 20, 2022 Last amended on August 15, 2011 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 15, 2011. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 15, 2011 TABLE OF PROVISIONS CCOFTA Rules of Origin for Casual Goods Regulations 1 Interpretation Casual Goods *3 Coming into Force Current to June 20, 2022 Last amended on August 15, 2011 ii Registration SOR/2011-132 June 23, 2011 CUSTOMS TARIFF CCOFTA Rules Regulations P.C. 2011-734 of Origin for Casual Goods June 23, 2011 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, hereby makes the annexed CCOFTA Rules of Origin for Casual Goods Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on August 15, 2011 CCOFTA Rules of Origin for Casual Goods Regulations Interpretation 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Casual Goods 2 Casual goods that are acquired in Colombia are considered to originate in that country and are entitled to the benefit of the Colombia Tariff if (a) the marking of the goods is in accordance with the marking laws of Colombia and indicates that the goods are the product of Colombia or Canada; or (b) the goods do not bear a mark and there is no indication that the goods are not the product of Colombia or Canada. Coming into Force 3 These Regulations come into force on the day on which section 30 of the Canada — Colombia Free Trade Agreement Implementation Act, chapter 4 of the Statutes of Canada, 2010, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force August 15, 2011, see SI/2011-55.] Current to June 20, 2022 Last amended on August 15, 2011
CONSOLIDATION Canadian Egg Marketing Levies Order [Repealed, SOR/2015-184, s. 1] Current to June 20, 2022 Last amended on July 14, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 14, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 14, 2015 TABLE OF PROVISIONS Order Providing for the Fixing, Imposition and Collection of Egg Levies Current to June 20, 2022 Last amended on July 14, 2015 ii
CONSOLIDATION Credit Enhancement Fund Use Regulations SOR/2010-282 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Credit Enhancement Fund Use Regulations Current to June 20, 2022 ii Registration SOR/2010-282 December 3, 2010 FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT Credit Enhancement Fund Use Regulations P.C. 2010-1506 December 2, 2010 His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraphs 85(3)(c), 85(4)(b) and 89(a) of the First Nations Fiscal and Statistical Management Acta, hereby makes the annexed Credit Enhancement Fund Use Regulations. a S.C. 2005, c. 9 Current to June 20, 2022 Credit Enhancement Fund Use Regulations 1 In addition to the use permitted under paragraphs 85(3)(a) and (b) and (4)(a) of the First Nations Fiscal and Statistical Management Act, the investment income and capital of the credit enhancement fund may be used to repay any debt arising in respect of any amounts paid to the Authority by Her Majesty the Queen in right of Canada to provision the fund. 2 These Regulations come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION Canadian Wheat Board Contingency Fund Regulations [Repealed, SOR/2013-19, s. 6] Current to June 20, 2022 Last amended on August 1, 2013 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 1, 2013. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 1, 2013 TABLE OF PROVISIONS Canadian Wheat Board Contingency Fund Regulations Current to June 20, 2022 Last amended on August 1, 2013 ii
CONSOLIDATION Cost Recovery Regulations SOR/2012-146 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Cost Recovery Regulations Application 1 Application Services 2 Services Amounts to Be Paid 3 Responsibilities of the Agency Responsibilities of a review panel Coming into Force *5 S.C. 2012, c. 19 SCHEDULE Current to June 20, 2022 ii Registration SOR/2012-146 July 6, 2012 CANADIAN ENVIRONMENTAL ASSESSMENT ACT, 2012 Cost Recovery Regulations P.C. 2012-971 July 5, 2012 His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 83 of the Canadian Environmental Assessment Act, 2012a, makes the annexed Cost Recovery Regulations. a S.C. 2012, c. 19, s. 52 Current to June 20, 2022 Cost Recovery Regulations Application Application 1 Subsection 59(1) of the Canadian Environmental Assessment Act, 2012 (“the Act”) does not apply to the following proponents: (a) a federal authority; (b) the Commissioner in Council of the Northwest Territories, the Legislature of Yukon and an agency or body of those territories; (c) the council of a band, as defined in subsection 2(1) of the Indian Act; and (d) a provincial government, except in the case of a provincial Crown corporation. Services Services 2 The services provided by a third party that are set out in Part 1 of the schedule are prescribed for the purposes of paragraph 59(1)(b) of the Act. Amounts to Be Paid Responsibilities of the Agency 3 The amounts referred to in column 2 of Part 2 of the schedule are prescribed for the expenses referred to in column 1 for the purposes of paragraph 59(1)(b) of the Act in relation to the exercise of the responsibilities of the Agency. Responsibilities of a review panel 4 The amounts referred to in column 2 of Part 3 of the schedule are prescribed for the expenses referred to in column 1 for the purposes of paragraph 59(1)(b) of the Act in relation to the exercise of the responsibilities of the members of a review panel. Coming into Force S.C. 2012, c. 19 5 These Regulations come into force on the day on which section 52 of the Jobs, Growth and Long-term * Current to June 20, 2022 Cost Recovery Regulations Coming into Force Section 5 Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force. * [Note: Regulations in force July 6, 2012, see SI/2012-56.] Current to June 20, 2022 Cost Recovery Regulations SCHEDULE SCHEDULE (Sections 2 to 4) PART 1 Third-Party Services Item Services Travel: (a) regular travel services (b) chartered services Publication and printing (including professional desktop publishing, editing and English/French or French/English translation) Distribution services: (a) regular mail (b) courier Telecommunications (including telephone and line installation, Internet, long-distance, teleconference and video conference services) Advertising and news wire services Public meeting, panel hearing and panel meeting facilities and equipment, including (a) hospitality (b) simultaneous interpretation (c) audio systems (d) transcription services (e) computer equipment Current to June 20, 2022 Cost Recovery Regulations SCHEDULE PART 2 Amounts Related to the Exercise of the Agency’s Responsibilities Item Column 1 Column 2 Direct and attributable federal government employees’ salaries and benefit plans (EBP), including overhead and overtime charges Salary per diem rates based on a productivity rate of 220 days/year and an EBP of 20% of total chargeable salaries using (a) for employees represented by bargaining units, the rates of pay as established in collective agreements between Treasury Board and the bargaining units (the highest increment will be used for all classifications), or (b) for excluded or unrepresented employees, the rates of pay established by Treasury Board under section 11.1 of the Financial Administration Act (the highest increment will be used for all classifications) Direct and attributable Rates as per the Treasury federal government Board Directive on the employees’ travel expenses Management of Expenditures on Travel, Hospitality and Conferences PART 3 Amounts Related to the Exercise of the Responsibilities of Members of a Review Panel Item Column 1 Remuneration of review panel members: Column 2 (a) panel chairperson (a) $650 per day (b) panel member (b) $500 per day Current to June 20, 2022 Cost Recovery Regulations SCHEDULE Item Column 1 Column 2 Direct and attributable review panel members’ travel expenses Rates as per the Treasury Board Directive on the Management of Expenditures on Travel, Hospitality and Conferences Current to June 20, 2022
CONSOLIDATION Customs Tariff Remission Order, 1979 SI/79-72 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Respecting the Remission of Customs Duty and Sales Tax 1 Short Title Remission Exception Current to June 20, 2022 ii Registration SI/79-72 April 11, 1979 FINANCIAL ADMINISTRATION ACT Customs Tariff Remission Order, 1979 P.C. 1979-1099 March 29, 1979 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance and the Treasury Board, pursuant to section 17 of the Financial Administration Act, is pleased hereby to make the annexed Order respecting the remission of Customs duty and sales tax. Current to June 20, 2022 Order Respecting the Remission of Customs Duty and Sales Tax Short Title 1 This Order may be cited as the Customs Tariff Remission Order, 1979. Remission 2 Remission is hereby granted in respect of all goods imported or taken out of warehouse for consumption on or after March 27, 1979, and all goods previously imported for which no entry for consumption was made before that date, of that part of the customs duty and sales tax payable thereon under the Customs Tariff and the Excise Tax Act equal to the amount by which (a) the customs duty and sales tax payable thereon, exceeds (b) the amount of the customs duty and sales tax that would have been payable thereon if Division I of Part I of Bill C-51, An Act to Amend the Customs Tariff and to make certain amendments to the New Zealand Trade Agreement Act, 1932, the Australian Trade Agreement Act, 1960 and the Union of South Africa Trade Agreement Act, 1932, given first reading on March 19, 1979, had been enacted before the date of this Order. Exception 3 (1) The remission granted by this Order does not apply to goods enumerated in tariff items 8704-1, 8706-1, 8709-1, 8715-1, 8717-1, 8722-1, 8728-1 and 9210-1 and to green peas other than for processing classified under tariff item 8720-1 of the Customs Tariff when such goods or peas are described in an order made by the Minister of National Revenue pursuant to paragraph 15(1)(a) of the Customs Tariff and are imported through ports in a region or part of Canada during such period or periods as the Minister of National Revenue has fixed in that Order. Current to June 20, 2022 Customs Tariff Remission Order, 1979 Exception Section 3 (2) The remission granted by this Order does not apply to goods enumerated in tariff items 8702-1, 8705-1, 8708-1, 8712-1, 8724-1, 9203-1, 9205-1, 9206-1 and 9211-1 and to green peas for processing classified under tariff item 8720-1 of the Customs Tariff when imported through ports in such region or part of Canada and during such period or periods, as determined by the Minister of National Revenue, that similar goods or peas produced in Canada are being marketed in that region or part of Canada. SI/79-118, s. 1. Current to June 20, 2022
CONSOLIDATION Canadian Pork PromotionResearch Levies Order SOR/2021-217 Current to June 20, 2022 Last amended on April 13, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 13, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 13, 2022 TABLE OF PROVISIONS Canadian Pork Promotion-Research Levies Order Interpretation 1 Definitions Definition of collector Dealer Interprovincial Trade 4 Levy amount — seller Payment of levies — collector Deduction of levy by purchaser Document — purchaser Time limit and information Records Proof Liability — purchaser and seller Import 12 Levy — importer Method of payment and time limit Records Review and Cessation of Effect 15 Review of Order Cessation of effect Coming into Force 17 Registration SCHEDULE 1 SCHEDULE 2 Current to June 20, 2022 Last amended on April 13, 2022 ii Registration SOR/2021-217 October 8, 2021 FARM PRODUCTS AGENCIES ACT Canadian Pork Promotion-Research Levies Order Whereas the Governor in Council has, by the Canadian Pork Promotion-Research Agency Proclamationa, established the Canadian Pork Promotion-Research Agency pursuant to subsection 39(1)b of the Farm Products Agencies Actc; Whereas that Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation; Whereas the proposed Canadian Pork Promotion-Research Levies Order is an order of a class to which paragraph 7(1)(d)d of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Ordere, and has been submitted to the National Farm Products Council pursuant to paragraph 42(1)(d)b of that Act; And whereas, pursuant to paragraph 7(1)(d)d of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that it is necessary for the implementation of the promotion and research plan that that Agency is authorized to implement; Therefore, the Canadian Pork Promotion-Research Agency, pursuant to paragraphs 42(1)(d)b and (e)b of the Farm Products Agencies Actc and section 9 of the schedule to the Canadian Pork Promotion-Research Agency Proclamationa, makes the annexed Canadian Pork Promotion-Research Levies Order. Ottawa, October 8, 2021 a SOR/2020-282 b S.C. 1993, c. 3, s. 12 c R.S., c. F-4; S.C. 1993, c. 3, s. 2 d S.C. 1993, c. 3, s. 7(2) e C.R.C., c. 648 Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Interpretation Definitions 1 The following definitions apply in this Order. dealer means a person who acts as an agent in the buying or selling of hogs. (négociant) imported pork product means a pork product that is imported into Canada and classified under one or more of the Customs Tariff tariff item numbers set out in Schedule 2. (produit du porc importé) importer means any person who imports hogs or pork products into Canada. (importateur) processor means a person who processes hogs. (transformateur) producer means a person who produces hogs. (producteur) purchaser means a person who purchases hogs and includes a producer, a dealer and a processor. (acheteur) seller means a person who sells hogs and include a dealer and a producer. (vendeur) Definition of collector 2 (1) Subject to subsection (2), in this Order, collector means (a) in Ontario, the Ontario Pork Producers’ Marketing Board; (b) in Quebec,Les Éleveurs de porcs du Québec; (c) in Nova Scotia, Pork Nova Scotia; (d) in New Brunswick, Porc NB Pork; (e) in Manitoba, the Manitoba Pork Council; (f) in British Columbia, the British Columbia Hog Marketing Commission; Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Interpretation Sections 2-4 (g) in Prince Edward Island, the Prince Edward Island Hog Commodity Marketing Board; (h) in Saskatchewan, the Saskatchewan Pork Development Board; and (i) in Alberta, the Alberta Pork Producers’ Development Corporation. Other collector (2) If the Agency appoints a person under subsection 9(5) of the schedule to the Canadian Pork PromotionResearch Agency Proclamation, other than a collector referred to in subsection (1), to collect on the Agency’s behalf the levies and statements imposed by this Order for a province, that person is, for the purposes of this Order, one of the collectors for that province. Dealer 3 If more than one dealer is involved in the purchase or sale of hogs, the reference to “purchaser” is to the dealer who first receives payment of the purchase price. Interprovincial Trade Levy amount — seller 4 (1) A seller who sells hogs in interprovincial trade must pay to the Agency, for each hog sold that was produced in a province set out in column 1 of the table to this subsection, a levy in the amount set out in column 2 for that province. TABLE Column 1 Column 2 Item Province where hog was produced Levy ($) Ontario 0.95 Nova Scotia 2.00 New Brunswick 1.00 Manitoba 0.80 British Columbia 1.00 Prince Edward Island 1.23 Saskatchewan 0.85 Alberta 1.00 Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Interprovincial Trade Sections 4-7 Levy amount — seller (Quebec) (2) A seller who sells hogs in interprovincial trade that are produced in Quebec must pay to the Agency, for each hog sold, a levy in the amount of $1.274 per hundred kilogram dressed weight. Levy amount — producer (3) A producer who produces hogs in a province set out in column 1 of the table to subsection (1), but processes them in another province, must pay to the Agency, for each hog processed, a levy in the amount set out in column 2 for the province in which the hog was produced. Levy amount — producer (Quebec) (4) A producer who produces hogs in Quebec, but processes them in another province, must pay to the Agency, for each hog processed, a levy of $1.274 per hundred kilogram dressed weight. Payment of levies — collector 5 (1) All levies referred to in section 4 must be paid or remitted, as the case may be, to the Agency through a collector in the province where the hogs were produced. Statements — collector (2) All statements referred to in section 8 and subsection 10(4) must be submitted to the Agency through a collector for the province where the hogs were produced. Deduction of levy by purchaser 6 (1) The purchaser must deduct from the purchase price the levy payable under subsection 4(1) or (2), as the case may be, and remit it to the Agency on behalf of the seller. Payment by processor (2) The processor must pay the levy payable under subsection 4(3) or (4) as the case may be, to the Agency on behalf of the producer. Document — purchaser 7 (1) At the time of the sale, the purchaser referred to in subsection 6(1), must provide the seller with a document setting out the purchase price and the amount of the levy deducted. Document — processor (2) At the time the hogs are processed, the processor referred to in subsection 6(2), must provide the producer with a document setting out the amount of the levy payable. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Interprovincial Trade Sections 8-9 Time limit and information 8 The purchaser or the processor referred to in subsection 6(1) or (2) respectively, must remit or pay, as the case may be, the levy to the Agency within the period established by the laws of the collector’s province for remitting levies payable on the sale or processing of hogs in that province, together with a statement that sets out: (a) the name, mailing address, telephone number and, if available, email address of the purchaser or processor, as the case may be; (b) in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1), (i) the number of hogs purchased or processed, as the case may be, and (ii) the amount of the levies remitted or paid, as the case may be; (c) in the case of hogs produced in Quebec, (i) the total number of kilograms purchased or processed, as the case may be, and (ii) the amount of the levies remitted or paid, as the case may be; and (d) the name, mailing address, telephone number and, if available, email address of (i) the seller, if a levy was deducted from the purchase price under subsection 6(1), or (ii) the producer, if a levy was paid under subsection 6(2). Records 9 Every person referred to in sections 4 and 6 must (a) keep all records relating to the sale or processing of hogs, including the records necessary to verify any of the statements provided under section 8 and the amounts of levies paid, for a period of seven years after the day on which the hogs were sold or processed; and (b) at the request of the Agency, make those records available for examination by the Agency or the collector for the province in which the hogs were produced. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Interprovincial Trade Sections 10-11 Proof 10 (1) At the request of the Agency, every person referred to in section 4 or 6 must prove that a levy payable under this Order has been (a) deducted and remitted under subsection 6(1); or (b) paid under subsection 6(2). Failure to deduct levy (2) If a purchaser does not deduct the levy as required by subsection 6(1), the seller must pay the levy payable in respect of the sale to the Agency. Failure to pay levy (3) If a processor does not pay the levy as required by subsection 6(2), the producer must pay the levy payable in respect of the processed hogs to the Agency. Payment and information (4) When paying the levy in accordance with subsection (2) or (3), the seller or the producer, as the case may be, must provide a statement to the Agency that sets out: (a) the name, mailing address, telephone number and, if available, email address of the seller or producer, as the case may be; (b) in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1), (i) the number of hogs purchased or processed, as the case may be, and (ii) the amount of the levies paid; and (c) in the case of hogs produced in Quebec, (i) the total number of kilograms purchased or processed, as the case may be, and (ii) the amount of the levies paid. Liability — purchaser and seller 11 (1) If the purchaser does not deduct the levy in accordance with subsection 6(1) and the seller does not pay the levy in accordance with subsection 10(2), the purchaser and the seller are jointly and severally, or solidarily liable for the levy that is payable to the Agency. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Interprovincial Trade Sections 11-14 Liability — processor and producer (2) If the processor does not pay the levy in accordance with subsection 6(2) and the producer does not pay the levy in accordance with subsection 10(3), the producer and the processor are jointly and severally, or solidarily liable for the levy payable to the Agency. Import Levy — importer 12 Each importer must pay to the Agency, for each imported hog or pork product, a levy in the amount set out in Schedule 1. Method of payment and time limit 13 (1) A levy referred to under section 12 must be paid to the Agency by negotiable instrument in Canadian dollars or its equivalent in United States dollars within 21 days after the date indicated on the invoice sent by the Agency. Invoice (2) An invoice referred to in subsection (1) must include: (a) the importer’s name and mailing address; (b) the number of hogs imported, if applicable; (c) the number of kilograms of imported pork products, if applicable, broken down by the applicable Customs Tariff tariff item number, as set out in Schedule 2; and (d) the amount of the levy to be paid to the Agency. Records 14 Every importer must (a) keep all records relating to the import — including the records necessary to verify the information on the invoices sent by the Agency and the amounts of levies paid — for a period of seven years after the day on which the hogs or pork products were imported; and (b) make those records available for examination by the Agency on request. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order Review and Cessation of Effect Sections 15-17 Review and Cessation of Effect Review of Order 15 The Agency must review this Order at the time that it carries out the review of the promotion–research plan required under subsection 11(1) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation. Cessation of effect 16 Sections 4 and 12 cease to have effect on June 30, 2023. SOR/2022-83, s. 1. Coming into Force Registration 17 This Order comes into force on the day on which it is registered. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order SCHEDULE 1 SCHEDULE 1 (Section 12) Levy Payable by Importer Column 1 Column 2 Item Levy ($) Imported hog 0.80 per hog Imported pork product The amount determined by the formula A×B where A is the tariff, expressed in cents per kilogram, set out in column 4 of Schedule 2 for the Customs Tariff tariff item number and class of imported pork product under the Customs Tariff set out respectively in columns 1 and 2 of Schedule 2; and B is the weight, expressed in kilograms, of that imported pork product. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order SCHEDULE 2 SCHEDULE 2 (Section 1, paragraph 13(2)(c) and Schedule 1) Tariff Item Numbers and Levies f Column 1 Column 2 Customs Tariff Tariff Item No. Class of imported pork product under Custom 01.03 Live swine 0103.10.0000 Pure-bred breeding animals 0103.91.0000 Other: Weighing less than 50 kg 0103.92.0000 Other: Weighing 50 kg or more 02.03 Meat of swine, fresh, chilled or frozen Fresh or chilled: 0203.11.0000 Carcasses and half-carcasses 0203.12.0000 Hams, shoulders and cuts thereof, with bone 0203.19.0010 Other: Spare ribs 0203.19.0020 Other: Back ribs 0203.19.0091 Other: Processed 0203.19.0099 Other: Other Frozen: 0203.21.0000 Carcasses and half-carcasses 0203.22.0000 Hams, shoulders and cuts thereof, with bone 0203.29.0010 Other: Spare ribs 0203.29.0020 Other: Back ribs 0203.29.0090 Other: Other 02.06 Edible offal of bovine animals, swine, sheep mules or hinnies, fresh, chilled or frozen Of swine 0206.30.0000 Fresh or chilled 0206.41.0000 Frozen: Livers 0206.49.0000 Frozen: Other 02.09 Pig fat, free of lean meat and poultry fat not extracted, fresh, chilled, frozen, salted, in br 0209.10.0000 Of pigs 02.10 Meat and edible meat offal, salted, in brine, flours and meals of meat or meat offal Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order SCHEDULE 2 Column 1 Column 2 Customs Tariff Tariff Item No. Class of imported pork product under Custom Meat of swine 0210.11.0000 Hams, shoulders and cuts thereof, with bone 0210.12.0000 Bellies (streaky) and cuts thereof 0210.19.0000 Other 0504.00.00 Guts, bladders and stomachs of animals (oth pieces thereof, fresh, chilled, frozen, salted, 0504.00.0012 Sausage casings: Of hog 15.01 Pig fat (including lard) and poultry fat, other or 15.03 1501.10.0000 Lard 1501.20.0000 Other pig fat 1601.00 Sausages and similar products, of meat, me preparations based on these products 1601.00.9010 Other: Pork sausages 16.02 Other prepared or preserved meat, meat off Of swine 1602.41.1000 Hams and cuts thereof: In cans or glass jars 1602.41.9000 Hams and cuts thereof: Other 1602.42.1000 Shoulders and cuts thereof: In cans or glass 1602.42.9000 Shoulders and cuts thereof: Other 1602.49.1010 Other, including mixtures: In cans or glass ja 1602.49.1020 Other, including mixtures: Prepared meals 1602.49.9000 Other, including mixtures: Other SOR/2022-83, s. 2. Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order SCHEDULE 2 (French) ANNEXE 2 (article 1, alinéa 13(2)c) et annexe 1) Numéros tarifaires et redevance portés Colonne 1 Colonne 2 Numéro tarifaire du Tarif des douanes Catégorie de produit du porc importé aux ter 01.03 Animaux vivants de l’espèce porcine 0103.10.0000 Reproducteurs de race pure 0103.91.0000 Autres : D’un poids inférieur à 50 kg 0103.92.0000 Autres : D’un poids égal ou supérieur à 50 kg 02.03 Viandes des animaux de l’espèce porcine, fra congelées Fraîches ou réfrigérées 0203.11.0000 Carcasses ou demi-carcasses 0203.12.0000 Jambons, épaules et leurs morceaux, non dé 0203.19.0010 Autres : Côtes levées 0203.19.0020 Autres : Côtes de dos 0203.19.0091 Autres : Transformés 0203.19.0099 Autres : Autres Congelées 0203.21.0000 En carcasses ou demi-carcasses 0203.22.0000 Jambons, épaules et leurs morceaux, non dé 0203.29.0010 Autres : Côtes levées 0203.29.0020 Autres : Côtes de dos 0203.29.0090 Autres : Autres 02.06 Abats comestibles des animaux des espèces caprine, chevaline, asine ou mulassière, frais De l’espèce porcine 0206.30.0000 Frais ou réfrigérés 0206.41.0000 Congelés : Foies 0206.49.0000 Congelés : Autres 02.09 Lard sans parties maigres, graisse de porc et fondues ni autrement extraites, frais, réfrigé saumure, séchés ou fumés 0209.10.0000 De porc Current to June 20, 2022 Last amended on April 13, 2022 Canadian Pork Promotion-Research Levies Order SCHEDULE 2 (French) Colonne 1 Colonne 2 Numéro tarifaire du Tarif des douanes Catégorie de produit du porc importé aux ter 02.10 Viandes et abats comestibles, salés ou en sa farines et poudres, comestibles, de viandes o Viandes de l’espèce porcine 0210.11.0000 Jambons, épaules et leurs morceaux, non dé 0210.12.0000 Poitrines (entrelardées) et leurs morceaux 0210.19.0000 Autres 0504.00.00 Boyaux, vessies et estomacs d’animaux, ent autres que ceux de poissons, à l’état frais, ré saumure, séché ou fumé 0504.00.0012 Enveloppes pour saucisses ou saucissons : D 15.01 Graisses de porc (y compris le saindoux) et g que celles du no 02.09 ou du no 15.03 1501.10.0000 Saindoux 1501.20.0000 Autres graisses de porc 1601.00 Saucisses, saucissons et produits similaires, sang; préparations alimentaires à base de ce 1601.00.9010 Autres : Saucisses, saucissons de porc 16.02 Autres préparations et conserves de viande, De l’espèce porcine 1602.41.1000 Jambons et leurs morceaux : En conserve ou 1602.41.9000 Jambons et leurs morceaux : Autres 1602.42.1000 Épaules et leurs morceaux : En conserve ou e 1602.42.9000 Épaules et leurs morceaux : Autres 1602.49.1010 Autres, y compris les mélanges : En conserve 1602.49.1020 Autres, y compris les mélanges : Plats cuisiné 1602.49.9000 Autres, y compris les mélanges : Autres DORS/2022-83, art. 2. Current to June 20, 2022 Last amended on April 13, 2022
CONSOLIDATION Computer Carrier Media Remission Order SI/85-20 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Respecting the Remission of the Customs Duty and the Sales Tax on Computer Carrier Media Short Title Interpretation Remission Conditions Current to June 20, 2022 ii Registration SI/85-20 February 20, 1985 FINANCIAL ADMINISTRATION ACT Computer Carrier Media Remission Order P.C. 1985-277 January 31, 1985 Her Excellency the Governor General in Council, considering that it is in the public interest to do so, is pleased hereby, on the recommendation of the Minister of Finance and the Treasury Board, pursuant to section 17* of the Financial Administration Act, to make the annexed Order respecting the remission of the customs duty and the sales tax on computer carrier media. * S.C. 1980-81-82-83, c. 170, s. 4 Current to June 20, 2022 Order Respecting the Remission of the Customs Duty and the Sales Tax on Computer Carrier Media Short Title 1 This Order may be cited as the Computer Carrier Media Remission Order. Interpretation 2 In this Order, carrier media means goods capable of storing instructions or data to be processed by data processing equipment; (support de transmission) computer carrier media means software, but does not include sound or image recordings, integrated circuits, semi-conductors and similar devices or articles incorporating such recordings, circuits, semi-conductors or devices; (support de transmission de données) software means carrier media on which instructions or data to be used by data processing equipment have been stored. (logiciel) Remission 3 Subject to section 4, remission is hereby granted of the customs duties paid or payable under the Customs Tariff and the sales tax paid or payable under the Excise Tax Act in respect of computer carrier media in an amount equal to the difference between (a) the amount of customs duties and sales tax paid or payable on computer carrier media; and (b) the amount of customs duties and sales tax paid or payable on the value of the carrier media excluding the value of its instructions or data content but including the cost of reproducing the instructions or data on it. SI/88-17, s. 2. Current to June 20, 2022 Computer Carrier Media Remission Order Conditions Section 4 Conditions 4 Remission under section 3 is granted on the following conditions: (a) the computer carrier media are imported on or after January 1, 1985; (b) a claim for remission is made to the Minister of National Revenue within two years of the date of importation of the computer carrier media for which remission is claimed; and (c) any person claiming remission pursuant to this Order shall provide such reports and information as the Minister of National Revenue may require for the administration of this Order. Current to June 20, 2022
CONSOLIDATION Cosmetic Regulations C.R.C., c. 869 Current to June 20, 2022 Last amended on June 17, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 17, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 17, 2019 TABLE OF PROVISIONS Regulations Respecting Cosmetics 1 Short Title Interpretation Inspectors Importation into Canada Sampling Sales Labelling General 21.1 List of Ingredients Particular Requirements for Certain Cosmetics Pressurized Containers 28.1 Security Packaging Evidence of Safety of Cosmetics Notification SCHEDULE Current to June 20, 2022 Last amended on June 17, 2019 ii CHAPTER 869 FOOD AND DRUGS ACT Cosmetic Regulations Regulations Respecting Cosmetics Short Title 1 These Regulations may be cited as the Cosmetic Regulations. Interpretation 2 (1) In these Regulations, Act means the Food and Drugs Act; (Loi) Assistant Deputy Minister [Repealed, SOR/2004-244, s. 1] botanical means an ingredient that is directly derived from a plant and that has not been chemically modified before it is used in the preparation of a cosmetic; (substance végétale) child-resistant container has the same meaning as in section 2 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001; (contenant protège-enfants) flame projection means the ability of the pressurized contents of an aerosol container to ignite and the length of that ignition, when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (projection de flamme) flashback means that part of the flame projection that extends from its point of ignition back to the aerosol container when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (retour de flamme) ICI Dictionary means the International Cosmetic Ingredient Dictionary and Handbook, 10th edition (2004), published in Washington, D.C., U.S.A., by The Cosmetic, Toiletry, and Fragrance Association Inc., as amended from time to time; (dictionnaire ICI) Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Interpretation Section 2 INCI name means the International Nomenclature Cosmetic Ingredient name assigned to an ingredient in the ICI Dictionary; (appellation INCI) ingredient means any substance that is one of the components of a cosmetic and includes colouring agents, botanicals, fragrance and flavour, but does not include substances that are used in the preparation of the cosmetic but that are not present in the final product as a result of the chemical process; (ingrédient) inner label means a label on or affixed to the immediate container of a cosmetic; (étiquette intérieure) manufacturer means a person, a partnership or an unincorporated association that sells, or manufactures and sells, a cosmetic under its own name or under a trademark, design, trade name or other name or mark owned or controlled by it; (fabricant) official method means a method of analysis or examination designated as such by the Minister for use in the administration of the Act and these Regulations; (méthode officielle) ornamental container means a container that, except on the bottom, does not have any promotional or advertising material on it other than a trademark or common name, and that appears to be a decorative ornament because of a design that is on its surface or because of its shape or texture, and is sold as a decorative ornament in addition to being sold as the container of a cosmetic; (contenant décoratif) outer label means a label on or affixed to the outside package of a cosmetic; (étiquette extérieure) practitioner means a person who is registered and licensed under the laws of a province to practise the profession of medicine in that province; (praticien) prescription means a direction given by a practitioner; (ordonnance) principal display panel has the same meaning as in the Consumer Packaging and Labelling Regulations; (espace principal) security package means a package having a security feature that provides reasonable assurance to consumers that the package has not been opened prior to purchase. (emballage de sécurité) Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Interpretation Sections 2-8 (2) Where a cosmetic has more than one name, a reference in these Regulations to the cosmetic by any of its names is deemed to be a reference to the cosmetic by all of its names. SOR/81-615, s. 1; SOR/85-142, s. 1; SOR/92-16, s. 1; SOR/94-559, s. 1; SOR/2001-272, s. 1; SOR/2004-244, s. 1; 2014, c. 20, s. 366(E). Inspectors 3 (1) An inspector shall perform the functions and duties and carry out the responsibilities in respect of cosmetics prescribed by the Act and these Regulations. (2) An inspector may, for the proper administration of the Act or these Regulations, take photographs of (a) any cosmetic; (b) any place where, on reasonable grounds, he believes any cosmetic is manufactured, prepared, preserved, packaged or stored; (c) anything that, on reasonable grounds, he believes is used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any cosmetic; and (d) any labelling or advertising material relating to a cosmetic. 4 [Repealed, SOR/2004-244, s. 2] Importation into Canada 5 Subject to section 9, no person shall import into Canada for sale a cosmetic the sale of which in Canada would constitute a violation of the Act or these Regulations. 6 An inspector may examine and take samples of any cosmetic sought to be imported into Canada. 7 Where an inspector examines or takes a sample of a cosmetic pursuant to section 6, he may submit the cosmetic or sample to an analyst for analysis or examination. 8 Where an inspector, on examination of a cosmetic or sample thereof or on receipt of a report of an analyst of the result of an analysis or examination of the cosmetic or sample, is of the opinion that the sale of the cosmetic in Canada would constitute a violation of the Act or these Regulations, the inspector shall so notify in writing the collector of customs concerned and the importer. Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Importation into Canada Sections 9-11 9 (1) Where a person seeks to import a cosmetic into Canada for sale and the sale would constitute a violation of the Act or these Regulations, that person may, if the sale of the cosmetic would be lawful in Canada after relabelling or modification of the cosmetic, import the cosmetic into Canada on condition that (a) he gives to an inspector notice of the proposed importation; and (b) the cosmetic will be relabelled or modified under the supervision of an inspector in such a manner as to enable the sale of the cosmetic to be lawful in Canada. (2) No person shall sell a cosmetic that has been imported into Canada under subsection (1) unless the cosmetic is relabelled or modified in accordance with the Act and these Regulations within three months after its importation. SOR/2004-244, s. 3. 10 [Repealed, SOR/2004-244, s. 4] Sampling 11 When an inspector takes a sample of a cosmetic under subsection 23(1) of the Act, the inspector shall inform the owner of the cosmetic or the person from whom the sample is taken that the inspector proposes to submit the sample or a part of it to an analyst for analysis or examination and (a) where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination, he shall (i) divide the quantity into three parts, (ii) identify the three parts as the owner’s portion, the sample and the duplicate sample and where only one part bears the label, identify that part as the sample, (iii) seal each part in such a manner that it cannot be opened without breaking the seal, and (iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or (b) where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination, he shall Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Sampling Sections 11-15.1 (i) identify the entire quantity as the sample, (ii) seal the sample in such a manner that it cannot be opened without breaking the seal, and (iii) forward the sample to an analyst for analysis or examination. SOR/2004-244, s. 5. Sales 12 No person shall sell a cosmetic if any label or advertisement of the cosmetic contains any symbol or statement that implies that the cosmetic has been compounded in accordance with a prescription. 13 No person shall sell a cosmetic recommended for removing stains from the teeth that has a measure of acidity greater than that represented by a pH of 4. 14 (1) No person shall sell a cosmetic for use in the area of the eye that contains any coal tar dye, coal tar dye base or coal tar dye intermediate. (2) For the purpose of subsection (1) and section 15.1, “area of the eye” means the area bounded by the supraorbital and infraorbital ridges and includes the eyebrows, the skin underlying the eyebrows, the eyelids, the eyelashes, the conjunctival sac of the eye, the eyeball and the soft tissue that lies below the eye and within the infraorbital ridge. SOR/89-228, s. 1. 15 No manufacturer or importer shall sell a cosmetic that contains (a) chloroform as an ingredient; or (b) an estrogenic substance. SOR/78-506, s. 1; SOR/85-928, s. 1; SOR/92-663, s. 1. 15.1 No manufacturer or importer shall sell a cosmetic that contains mercury or a salt or derivative thereof unless (a) the cosmetic is intended for use in the area of the eye; (b) the mercury or its salt or derivative thereof is used in the cosmetic as a preservative; and (c) the manufacturer or importer Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Sales Sections 15.1-20 (i) has in his possession evidence demonstrating that the only satisfactory way to maintain the sterility or stability of the cosmetic is to use mercury or a salt or derivative thereof as a preservative, and (ii) at the Minister’s request, provides the Minister with the evidence described in subparagraph (i). SOR/89-228, s. 2; SOR/93-243, s. 2; SOR/2004-244, s. 6. 15.2 No person shall sell a cosmetic described in section 28.2 or 28.3 unless it is packaged in a child-resistant container. SOR/94-559, s. 2; SOR/2004-244, s. 7. 16 No person shall sell a cosmetic unless it is labelled in accordance with these Regulations. Labelling General [SOR/2004-244, s. 8.] 17 No reference, direct or indirect, to the Act or these Regulations shall be made on any label or in any advertisement of a cosmetic unless the reference is a specific requirement of the Act or these Regulations. 18 The information required by these Regulations to be provided on the label of a cosmetic must (a) be shown both in English and in French, except for the INCI name; and (b) be clearly legible and remain so throughout the useful life of the cosmetic, or in the case of a refillable container, throughout its useful life, under normal conditions of sale and use. SOR/2004-244, s. 9. 19 If a cosmetic has only one label, that label must contain all the information required by these Regulations to be shown on both the inner and outer labels. SOR/2004-244, s. 9. 20 Subject to these Regulations, the inner label of a cosmetic shall show (a) the name of the manufacturer and the address of their principal place of business; and Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Labelling General Sections 20-21.3 (b) the identity of the cosmetic in terms of its common or generic name or in terms of its function, unless the identity is obvious. SOR/2004-244, s. 10. 21 (1) No manufacturer shall make any claim on a label of or in an advertisement for a cosmetic respecting either of the following, unless the manufacturer has evidence that validates the claim: (a) the ability of the cosmetic or any of its ingredients to influence the chemistry of the skin, hair or teeth; or (b) the formulation, manufacture or performance of the cosmetic that would imply that the user of the cosmetic will not suffer injury to their health. (2) The manufacturer shall, on request, provide the Minister with the evidence referred to in subsection (1). SOR/2004-244, s. 11. List of Ingredients 21.1 Sections 21.2 to 21.5 do not apply to any product whose ingredient labelling is regulated under the Food and Drug Regulations or the Natural Health Products Regulations. SOR/2004-244, s. 11. 21.2 (1) Subject to subsection (4), a list of ingredients must appear on the outer label of a cosmetic, with each ingredient listed only by its INCI name. (2) In the case of makeup and nail polish and enamel sold in a range of colour shades, all colouring agents used in the range may be listed if they are preceded by the symbol “+/–” or “±” or the phrase “may contain/peut contenir”. (3) Botanicals must be listed by specifying at least the genus and species portions of the INCI name. (4) An ingredient that is included in the schedule may be listed either by its EU trivial name set out in column 1 of the schedule or by the appropriate English and French equivalents set out in columns 2 and 3. SOR/2004-244, s. 11. 21.3 An ingredient that has no INCI name must be listed by its chemical name. SOR/2004-244, s. 11. Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Labelling List of Ingredients Sections 21.4-22 21.4 (1) Subject to subsections (2) and (3), ingredients must be listed in descending order of predominance, in their concentration by weight. (2) Ingredients that are present at a concentration of 1% or less and all colouring agents, regardless of their concentration, may be listed in random order after the ingredients that are present at a concentration of more than 1%. (3) In the case of fragrance and flavour, the words “parfum” and “aroma”, respectively, may be inserted at the end of the list of ingredients to indicate that such ingredients have been added to the cosmetic to produce or to mask a particular odour or flavour. SOR/2004-244, s. 11. 21.5 (1) Despite subsection 21.2(1), in the case of a cosmetic whose immediate container or outside package is so small that the label cannot comply with the requirements of paragraph 18(b), the list of ingredients may appear on a tag, tape or card affixed to the container or package. (2) Despite subsection 21.2(1), in the case of a cosmetic in an ornamental container that has no outside package, the list of ingredients may appear on a tag, tape or card affixed to the container. (3) Despite subsection 21.2(1), in the case of a cosmetic that has no outside package and whose size, shape or texture, or that of its immediate container, makes it impractical for a tag, tape or card to be affixed to the container, the list of ingredients may instead appear in a leaflet that must accompany the cosmetic at the point of sale. SOR/2004-244, s. 11. Particular Requirements for Certain Cosmetics 22 A hair dye that contains paraphenylenediamine or other coal tar dye base or coal tar intermediate must (a) carry the following warning on both the inner and outer labels: “CAUTION: This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows. To do so may cause blindness. MISE EN GARDE : Ce produit contient des ingrédients qui peuvent causer de l’irritation cutanée Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Labelling Particular Requirements for Certain Cosmetics Sections 22-23 chez certaines personnes; il faut donc d’abord effectuer une épreuve préliminaire selon les directives ci-jointes. Ce produit ne doit pas servir à teindre les sourcils ni les cils; en ce faisant, on pourrait provoquer la cécité.”; and (b) be accompanied by instructions to the following effect: (i) the preparation may cause serious inflammation of the skin in some persons, and a preliminary test should always be made to determine whether special sensitivity exists, and (ii) to make the test, a small area of skin behind the ear or on the inner surface of the forearm should be cleansed, using either soap and water or alcohol, and a small quantity of the hair dye as prepared for use should be applied to the area and allowed to dry. After 24 hours, the area should be washed gently with soap and water. If no irritation or inflammation is apparent, it may be assumed that no hypersensitivity to the dye exists. The test should be made before each application. The hair dye should never be used for dyeing eyebrows or eyelashes, as severe inflammation of the eye or even blindness may result. SOR/89-228, s. 3; SOR/2004-244, s. 11. 22.1 The outer label of a cosmetic, where that cosmetic contains mercury or a salt or derivative thereof as a preservative, shall indicate the name of the preservative and its concentration in the cosmetic. SOR/89-228, s. 4. 23 A deodorant that is intended for use in the genital area and that is sold in a pressurized container shall carry the following information on both its inner and outer labels: “Directions: For external use only. Use sparingly and not more than once daily. Spray external skin surface while holding nozzle at least eight inches from the skin” “Mode d’emploi : Pour usage externe seulement. Employer modérément, pas plus d’une fois par jour. Vaporiser sur la surface externe de la peau en tenant le bec à une distance d’au moins huit pouces” “Caution: Do not apply internally or to broken, irritated or itching skin. Do not use when wearing a sanitary napkin. Discontinue use immediately if a rash or irritation develops. Consult a physician if the rash or irritation persists or if there is any unusual odour or discharge at any time” Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Labelling Particular Requirements for Certain Cosmetics Sections 23-25 “Mise en garde : Ne pas appliquer sur une surface interne ou sur une surface éraflée, irritée ou en proie à la démangeaison. Ne pas utiliser avec des serviettes hygiéniques. Cesser immédiatement l’emploi en cas d’éruption ou d’irritation. Consulter un médecin si l’éruption ou l’irritation persiste ou en cas d’odeur ou de sécrétion inhabituelle” 24 (1) The label of a cosmetic that presents an avoidable hazard must include directions for safe use. (2) For the purpose of subsection (1), avoidable hazard means a threat of injury to the health of the user of a cosmetic that can be (a) predicted from the cosmetic’s composition, the toxicology of its ingredients and the site of its application; (b) reasonably anticipated during normal use; and (c) eliminated by specified limitations on the usage of the cosmetic. SOR/89-228, s. 5; SOR/2004-244, s. 12; SOR/2007-150, s. 1(E). Pressurized Containers [SOR/2004-244, s. 13.] 25 (1) Subject to subsection (3) and section 27, in the case of a cosmetic packaged in a disposable metal container designed to release pressurized contents by use of a manually operated valve that forms an integral part of the container, the principal display panel of the inner and outer labels of the cosmetic shall display, in accordance with sections 15 to 18 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following information: (a) the hazard symbol set out in column II of item 10 of Schedule II to those Regulations, accompanied by the signal word “CAUTION / ATTENTION”; and (b) the primary hazard statement “CONTAINER MAY EXPLODE IF HEATED. / CE CONTENANT PEUT EXPLOSER S’IL EST CHAUFFÉ.”. (2) Subject to subsection (3) and section 27, one panel of the inner and outer labels of a cosmetic referred to in subsection (1) shall display, in the size required by paragraph 19(1)(b) of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following additional hazard statement: Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Pressurized Containers Sections 25-26 “Contents under pressure. Do not place in hot water or near radiators, stoves or other sources of heat. Do not puncture or incinerate container or store at temperatures over 50°C. Contenu sous pression. Ne pas mettre dans l’eau chaude ni près des radiateurs, poêles ou autres sources de chaleur. Ne pas percer le contenant, ni le jeter au feu, ni le conserver à des températures dépassant 50°C.” (3) If the Minister determines, at the request of the manufacturer, that the materials used in the construction of a container described in subsection (1) or the incorporation in such a container of a safety device has eliminated the hazards presented by the container, subsections (1) and (2) do not apply to the cosmetic packaged in that container. (4) and (5) [Repealed, SOR/81-615, s. 2] SOR/81-615, s. 2; SOR/85-928, s. 2; SOR/92-16, s. 2; SOR/2001-272, s. 2; SOR/2004-244, s. 14. 26 (1) Subject to section 27, if a cosmetic is packaged in a container described in subsection 25(1) and has a flame projection of a length set out in column I of any of items 1 to 3 of the table to this subsection or has a flashback as set out in column I of item 4 of that table, as determined by official method DO-30, Determination of Flame Projection, dated October 15, 1981, the principal display panel of the inner label of and outer label for the cosmetic shall display, in accordance with sections 15 to 18 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following information: (a) the hazard symbol set out in column II; (b) the signal word set out in column III; and (c) the primary hazard statement set out in column IV. Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Pressurized Containers Sections 26-27 TABLE/TABLEAU Item Article Column I Colonne I Column II Colonne II Flame Projection Length — Flashback Projection de la flamme — Retour de flamme Hazard Symbol Signal de danger Less than 15 cm moins de 15 cm 15 cm or more but less than 45 cm 15 cm et plus mais moins de 45 cm 45 cm or more 45 cm et plus Flashback Retour de flamme (2) In addition to the requirements of subsection (1), one panel of the inner and outer labels of a cosmetic referred to in that subsection shall display, in the size required by paragraph 19(1)(b) of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following additional hazard statements: “Do not use in presence of open flame or spark. Ne pas utiliser en présence d’une flamme nue ou d’étincelles.” SOR/81-615, s. 3; SOR/82-430, s. 1; SOR/85-928, s. 3; SOR/92-16, s. 3; SOR/2001-272, s. 3; SOR/2004-244, s. 15. 27 (1) When the labelled net quantity of a cosmetic described in subsection 25(1) or 26(1) is less than 30 mL or 30 g, the hazard symbol must be of such a size that it is capable of being circumscribed by a circle with a diameter of at least 6 mm. (2) When the labelled net quantity of a cosmetic described in subsection 25(1) or 26(1) is not greater than 60 mL or 60 g, the inner label may show only the information described in paragraph 25(1)(a) or paragraphs 26(1)(a) and (b), as the case may be. Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Pressurized Containers Sections 27-28.2 (3) When the labelled net quantity of a cosmetic described in subsection 25(1) or 26(1) is greater than 60 mL or 60 g but not greater than 120 mL or 120 g, the inner label may show only the information described in subsection 25(1) or 26(1), as the case may be. (4) When a cosmetic described in subsection (2) or (3) is sold in an outside package, the outer label may show only the information described in subsection 25(2) and, if applicable, subsection 26(2). SOR/81-615, s. 3; SOR/92-16, s. 4; SOR/2004-244, s. 16. 28 [Repealed, SOR/93-243, s. 2] Security Packaging 28.1 (1) Subject to subsection (2) no person shall sell a mouthwash for human use unless it is contained in a security package. (2) Subsection (1) applies only to mouthwash that is available to the public in an open self-selection area or that is distributed as a sample. (3) Unless the security feature of a security package is self-evident and is an integral part of the immediate container, the inner label of the security package must carry a statement or illustration that draws attention to the security feature of the package and, if the security feature is part of an outside package, the outer label must also carry the statement or illustration. SOR/85-142, s. 2; SOR/89-228, s. 6; SOR/2004-244, s. 17(E). 28.2 The principal display panel of the inner and outer labels of a cosmetic, other than one in a container described in subsection 25(1), that contains 5 mL or more of methyl alcohol must display all of the following information: (a) the hazard symbol set out in column II of item 1 of Schedule II to the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, in accordance with paragraphs 16(a) and (b) of those Regulations; and (b) for each of the particulars set out in column I of items 1 to 5 of the table to section 46 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the signal word and statements set out in columns III and IV of those items, which must be located on the labels in accordance with paragraphs 15(2)(a) to (c) of those Regulations and printed in accordance with paragraphs 17(a) and Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Security Packaging Sections 28.2-30 (b), 18(a) and (b) and 19(1)(a) and (b) and subsection 19(2) of those Regulations. SOR/94-559, s. 3; SOR/2001-272, s. 4; SOR/2004-244, s. 18. 28.3 The inner and outer labels of a cosmetic in liquid form that contains 600 mg or more of sodium bromate (NaBrO3) or 50 mg or more of potassium bromate (KBrO3 ) must carry a statement to the effect that the product contains sodium bromate or potassium bromate, as the case may be, is poisonous, is to be kept out of the reach of children and, in the case of accidental ingestion, a Poison Control Centre or physician is to be contacted immediately. SOR/94-559, s. 3; SOR/2004-244, s. 19. 28.4 [Repealed, SOR/2004-244, s. 19] Evidence of Safety of Cosmetics 29 (1) The Minister may request in writing that a manufacturer submit to the Minister, on or before a specified day, evidence to establish the safety of a cosmetic under the recommended or the normal conditions of use. (2) A manufacturer who does not submit the evidence requested under subsection (1) shall cease to sell the cosmetic after the day specified in the request. (3) If the Minister determines that the evidence submitted by a manufacturer under subsection (1) is not sufficient, the Minister must notify the manufacturer in writing to that effect, and the manufacturer must cease to sell the cosmetic until the manufacturer (a) has submitted further evidence to the Minister; and (b) has been notified in writing by the Minister that the further evidence is sufficient. SOR/2004-244, s. 20; SOR/2007-150, s. 2. Notification 30 (1) Every manufacturer and importer shall provide the Minister with the following documents, at the latest 10 days after the manufacturer or importer first sells a cosmetic: (a) a notification on a form obtained from the Minister and signed by the manufacturer or importer, as the case may be, or a person authorized on their behalf, advising whether they intend to continue sales of the Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Notification Section 30 cosmetic in Canada and including the information specified in subsection (2); and (b) if the labels and inserts used in conjunction with the cosmetic require the information set out in any of sections 22 to 24, a copy or facsimile of the labels and inserts (2) The following is the information required for the purpose of paragraph (1)(a): (a) the name and address of the manufacturer that appears on the label of the cosmetic in accordance with section 20; (b) the name under which the cosmetic is sold; (c) the function of the cosmetic; (d) a list of the cosmetic’s ingredients and, for each ingredient, either its exact concentration or the concentration range that includes the concentration of that ingredient, the latter of which may only be indicated by setting out either the applicable concentration range set out in column 1 of the table to this section or the number in column 2 that corresponds to the applicable concentration range set out in column 1; (e) the form of the cosmetic; (f) the name and address in Canada of the manufacturer, importer or distributor; (g) if the cosmetic was not manufactured or formulated by the person whose name appears on the label, the name and address of the person who manufactured or formulated it; and (h) the name and title of the person who signed the notification referred to in paragraph (1)(a). TABLE Column 1 Column 2 Item Concentration range Correspondin g number More than 30 % up to 100 % More than 10 % but not more than 30 % More than 3 % but not more than 10 % More than 1 % but not more than 3 % 4 Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations Notification Sections 30-32 Column 1 Column 2 Item Concentration range Correspondin g number More than 0.3 % but not more than 1% More than 0.1 % but not more than 0.3 % More than 0 % but not more than 0.1 % SOR/2004-244, s. 21; SOR/2007-150, s. 3. 31 A manufacturer or importer who has provided the Minister with a notification under section 30 shall (a) provide the Minister with a revised notification, together with any applicable revised document or information, within 10 days after the document or information becomes inaccurate; and (b) promptly provide the Minister with any additional information respecting the notification that the Minister may request. SOR/2004-244, s. 22. 32 [Repealed, SOR/2004-244, s. 22] Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations SCHEDULE SCHEDULE (Subsection 21.2(4)) EU Trivial Names and Their English and French Equivalents Column 1 Column 2 Column 3 Item EU Trivial Name English Equivalent French Equivalent Acetum Vinegar Vinaigre Adeps Bovis Tallow Suif Adeps Suillus Lard Saindoux Aqua Water Eau Bassia Latifolia Illipe Butter Beurre d’illipe Beta Vulgaris Beet Root Extract Extrait de racine de betterave Bombyx Silk Worm Extract Extrait de ver à soie Brevoortia Menhaden Oil Huile de menhaden Bubulum Neatsfoot Oil Huile de pied de bœuf Butyris Lac Buttermilk Powder Babeurre en poudre Butyrum Butter Beurre Candelilla Cera Euphorbia Cerifera (Candelilla) Wax Cire de candelilla Canola Canola Oil Huile de colza Canola Oil Unsaponifiables Huile de colza enrichie en insaponifiables Caprae Lac Goat Milk Lait de chèvre Cera Alba Beeswax Cire d’abeille Cera Carnauba Copernicia Cerifera (Carnauba) Wax Cire de carnauba Cera Microcristallina Microcrystalline Wax Cire microcristalline Colophonium Rosin Colophane Dromiceius Emu Oil Huile d’émeu Faex Lactic Yeast Levure lactique Yeast Levure Yeast Extract Extrait de levure Cod Liver Oil Huile de foie de morue Gadi Lecur Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations SCHEDULE Column 1 Column 2 Column 3 Item EU Trivial Name English Equivalent French Equivalent Hoplostethus Orange Roughy Oil Huile d’hoplostète orange Hordeum Distichon Barley Extract Extrait d’orge à deux rangs Barley Seed Flour Farine d’orge à deux rangs Hordeum Vulgare Extract Extrait d’orge Hordeum Vulgare Juice Jus d’orge Hordeum Vulgare Leaf Juice Jus des feuilles d’orge Hordeum Vulgare Powder Poudre d’orge Hordeum Vulgare Root Extract Extrait de racine d’orge Hordeum Vulgare Seed Extract Extrait de semence d’orge Hordeum Vulgare Seed Flour Farine d’orge Spent Grain Flour Farine de drêche Milk Lait Whole Dry Milk Lait entier en poudre Hordeum Vulgare Lac Lactis Lipida Milk Lipids Lipides du lait Lactis Proteinum Milk Protein Protéine du lait Whey Protein Protéine du petit-lait Lanolin Cera Lanolin Wax Cire de lanoline Maris Aqua Sea Water Eau de mer Maris Limus Sea Silt Extract Extrait de limon marin Maris Sal Sea Salt Sel marin Mel Honey Miel Honey Extract Extrait de miel Montan Cera Montan Wax Cire de Montan Mortierella Isabellina Mortierella Oil Huile de Mortierella Mustela Mink Oil Huile de vison Mink Wax Cire de vison Vegetable Oil Huile végétale Olus Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations SCHEDULE Column 1 Column 2 Column 3 Item EU Trivial Name English Equivalent French Equivalent Ostrea Oyster Shell Extract Extrait de coquille d’huître Ovum Dried Egg Yolk Poudre de jaune d’œufs Egg Œuf Egg Oil Huile d’œuf Egg Powder Poudre d’œufs Egg Yolk Extract Extrait de jaune d’œuf Paraffinum Liquidum Mineral Oil Huile minérale Pellis Lipida Skin Lipids Lipides cutanés Pisces Fish Extract Extrait de poisson Piscum Lecur Fish Liver Oil Huile de foie de poisson Pix Tar Oil Huile d’anthracène Propolis Cera Propolis Wax Cire de propolis Saccharum Officinarum Black Strap Powder Poudre de mélasse Salmo Molasses Extract Extrait de mélasse Sugar Cane Extract Extrait de canne à sucre Salmon Egg Extract Extrait d’œufs de saumon Salmon Oil Huile de saumon Sepia Cuttlefish Extract Extrait de seiche Serica Silk Soie Silk Powder Poudre de soie Shellac Cera Shellac Wax Cire de laque Sine Adipe Colostrum Nonfat Dry Colostrum Poudre de colostrum écrémé Sine Adipe Lac Nonfat Dry Milk Poudre de lait écrémé Solum Diatomeae Diatomaceous Earth Terre de diatomées Solum Fullonum Fuller’s Earth Terre à foulon Squali Lecur Shark Liver Oil Huile de foie de requin Sus Pigskin Extract Extrait de peau de porc Tallol Tall Oil Tallöl Current to June 20, 2022 Last amended on June 17, 2019 Cosmetic Regulations SCHEDULE Column 1 Column 2 Column 3 Item EU Trivial Name English Equivalent French Equivalent Vitulus Brain Extract Extrait de cerveau Brain Lipids Lipides du cerveau Calf Blood Extract Extrait de sang de veau Calf Skin Extract Extrait de peau de veau Hydrolyzed Calf Skin Peau de veau hydrolysée Liver Extract Extrait de foie SOR/2004-244, s. 23. Current to June 20, 2022 Last amended on June 17, 2019
CONSOLIDATION CKFTA Tariff Preference Regulations SOR/2014-301 Current to June 20, 2022 Last amended on January 1, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 1, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 1, 2015 TABLE OF PROVISIONS CKFTA Tariff Preference Regulations 1 Interpretation General *3 Coming into Force Current to June 20, 2022 Last amended on January 1, 2015 ii Registration SOR/2014-301 December 12, 2014 CUSTOMS TARIFF CKFTA Tariff Preference Regulations P.C. 2014-1456 December 12, 2014 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CKFTA Tariff Preference Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on January 1, 2015 CKFTA Tariff Preference Regulations Interpretation 1 In these Regulations, originating means qualifying as originating in the territory of a Party under the rules of origin set out in Chapter Three (Rules of Origin) of the Canada-Korea Free Trade Agreement. General 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating goods exported from Korea are entitled to the benefit of the Korea Tariff if (a) the goods are shipped to Canada without shipment through another country either (i) on a through bill of lading, or (ii) without a through bill of lading and the importer provides, when requested by an officer, documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods; or (b) the goods are shipped to Canada through another country and the importer provides, when requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods, and (ii) a copy of the customs control documents that establish that the goods remained under customs control while in that other country. Coming into Force 3 These Regulations come into force on the day on which section 47 of the Canada–Korea Economic Growth and Prosperity Act, chapter 28 of the Statutes of Canada, 2014, comes into force, but if they are registered * Current to June 20, 2022 Last amended on January 1, 2015 CKFTA Tariff Preference Regulations Coming into Force Section 3 after that day, they come into force on the day on which they are registered. * [Note: Regulations in force January 1, 2015.] Current to June 20, 2022 Last amended on January 1, 2015
CONSOLIDATION Canadian Forces Dental Treatment by Civilians Regulations C.R.C., c. 1045 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Dental Treatment by Civilian Practitioners for Personnel of the Canadian Forces Short Title General Current to June 20, 2022 ii CHAPTER 1045 NATIONAL DEFENCE ACT Canadian Forces Dental Treatment by Civilians Regulations Regulations Respecting Dental Treatment by Civilian Practitioners for Personnel of the Canadian Forces Short Title 1 These Regulations may be cited as the Canadian Forces Dental Treatment by Civilians Regulations. General 2 Dental treatment for personnel of the Canadian Forces by a civilian dental practitioner selected by the Command Dental Officer of the Canadian Forces Dental Services in the region concerned, may be given (a) where a Canadian Forces Dental Services clinic is not available, or (b) where Canadian Forces Dental Services personnel lack the specialized equipment or facilities or are otherwise unable to render the required treatment, but such treatment shall not be commenced by a practitioner without prior authorization of the Command Dental Officer. 3 Treatment shall be sufficient to establish and maintain dental fitness and to provide reasonable assurance of masticatory efficiency and freedom from pain for a period of 12 months. 4 Notwithstanding section 2, where Canadian Forces Dental Services facilities are not available, civilian dental practitioners may undertake treatment, without prior authorization, in the following emergencies only: (a) the relief of pain or acute infection, or (b) the repair of broken dentures, Current to June 20, 2022 Canadian Forces Dental Treatment by Civilians Regulations General Sections 4-7 but the reconstruction or alteration of any dental appliances is not permitted without prior authorization. 5 The Minister of National Defence may prescribe the procedure to be followed and the forms to be used in arranging and making payment for treatment given under the authority of these Regulations. 6 Civilian dental practitioners who treat personnel of the Canadian Forces under the authority of these Regulations shall be paid in accordance with the scale of fees authorized from time to time for that type of dental treatment when made in respect of persons under the care of the Department of Veterans Affairs. 7 (1) The Command Dental Officer may, if in his opinion it is in the interest of economy, employ a civilian practitioner on a per diem basis rather than on a fee basis. (2) The civilian dental practitioner shall receive payment at the rates prescribed from time to time by the Treasury Board for civilian medical practitioners similarly employed by the Department of National Defence. (3) No payment shall be made unless (a) the civilian dental practitioner submits a signed certificate certifying the specific days of the month on which services were rendered and for which payment is claimed, and (b) the officer who authorized the work certifies that the certificate is correct. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy Population Order SOR/2019-322 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy Population Order Application Coming into force Current to June 20, 2022 ii Registration SOR/2019-322 August 29, 2019 SPECIES AT RISK ACT Critical Habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy Population Order Whereas the Atlantic Salmon (Salmo salar) Inner Bay of Fundy population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; And whereas, pursuant to subsection 58(5) of that Act, the Minister of Fisheries and Oceans has consulted with the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, with respect to the annexed Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy Population Order. Ottawa, August 27, 2019 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy Population Order Le ministre des Pêc Jonathan Minister of Fishe Current to June 20, 2022 Critical Habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Atlantic Salmon (Salmo salar) Inner Bay of Fundy population — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, in Fundy National Park of Canada as described in Part 7 of Schedule 1 to the Canada National Parks Act. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canadian International Trade Tribunal Procurement Inquiry Regulations SOR/93-602 Current to June 20, 2022 Last amended on April 1, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 1, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 1, 2021 TABLE OF PROVISIONS Canadian International Trade Tribunal Procurement Inquiry Regulations 2 Interpretation Designations Application Determination of the Value of a Contract Time Limits for Filing a Complaint Conditions for Inquiry Interim Reports Postponement of Award of Contract Dismissal of Complaints Determination Issuance of Findings and Recommendations Current to June 20, 2022 Last amended on April 1, 2021 ii Registration SOR/93-602 December 15, 1993 CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT Canadian International Trade Tribunal Procurement Inquiry Regulations P.C. 1993-2102 December 15, 1993 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40* of the Canadian International Trade Tribunal Act**, is pleased hereby to make the annexed Regulations respecting inquiries into procurement complaints by potential suppliers under the North American Free Trade Agreement, effective on the day on which sections 44, 45 and 46 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, come into force. * S.C. 1993, c. 44, s. 46 ** R.S., c. 47 (4th Supp.) Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations 1 [Repealed, SOR/2017-181, s. 2] Interpretation 2 In these Regulations, Act means the Canadian International Trade Tribunal Act; (Loi) Agreement on Government Procurement means the Agreement on Government Procurement as found in Annex 4 of the World Trade Organization Agreement; (Accord sur les marchés publics) Agreement on 2017-144, s. 1] Internal Trade [Repealed, SOR/ Canada — Korea Agreement on the Procurement of Telecommunications Equipment [Repealed, SOR/ 2005-207, s. 1] CCOFTA means the Free Trade Agreement between Canada and the Republic of Colombia, signed at Lima, Peru on November 21, 2008; (ALÉCCO) CETA means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, including the provisions of that Agreement as incorporated by reference in the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa on December 9, 2020; (AÉCG) CFTA means the Canadian Free Trade Agreement, signed in 2017, as amended from time to time; (ALÉC) Chapter Kbis of the CCFTA means the Agreement between the Government of Canada and the Government of the Republic of Chile to amend the Free Trade Agreement between the Government of Canada and the Government of the Republic of Chile, done at Hanoi on November 15, 2006, and referred to in Order in Council P.C. 2006-1301 of November 9, 2006; (chapitre Kbis de l’ALÉCC) Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Interpretation Sections 2-3 CPAFTA means the Free Trade Agreement between Canada and the Republic of Panama, signed at Ottawa on May 14, 2010; (ALÉCPA) CPFTA means the Free Trade Agreement between Canada and the Republic of Peru, signed at Lima on May 29, 2008; (ALÉCP) CUFTA means the Canada-Ukraine Free Trade Agreement, done at Kyiv on July 11, 2016; (ALÉCU) NAFTA [Repealed, SOR/2020-66, s. 1] publication [Repealed, SOR/95-300, s. 3] TPP means the Trans-Pacific Partnership Agreement, done at Auckland, New Zealand on February 4, 2016, as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile on March 8, 2018; (PTP) working day means a day that is not a Saturday or a holiday. (jour ouvrable) SOR/95-300, s. 3; SOR/96-30, s. 1; SOR/2000-395, s. 1; SOR/2005-207, s. 1; SOR/ 2007-157, s. 1; SOR/2010-25, s. 1; SOR/2011-135, s. 1; SOR/2013-54, s. 1; SOR/2017-143, s. 4; SOR/2017-144, s. 1; SOR/2017-181, s. 3; SOR/2018-224, s. 1; SOR/2020-66, s. 1; SOR/2021-69, s. 1. Designations 3 (1) For the purposes of the definition designated contract in section 30.1 of the Act, any contract or class of contract concerning a procurement of goods or services or any combination of goods or services, as described in Article II of the Agreement on Government Procurement, in Article Kbis-01 of Chapter Kbis of the CCFTA, in Article 1401 of Chapter Fourteen of the CPFTA, in Article 1401 of Chapter Fourteen of the CCOFTA, in Article 16.02 of Chapter Sixteen of the CPAFTA, in Article 17.2 of Chapter Seventeen of the CHFTA, in Article 14.3 of Chapter Fourteen of the CKFTA, in Article 19.2 of Chapter Nineteen of CETA, in Article 504 of Chapter Five of the CFTA, in Article 10.2 of Chapter Ten of CUFTA or in Article 15.2 of Chapter Fifteen of the TPP, that has been or is proposed to be awarded by a government institution, is a designated contract. (2) For the purposes of the definition government institution in section 30.1 of the Act, the following are designated as government institutions: (a) the federal government entities set out under the heading “CANADA” in Annex 1 of the Agreement on Government Procurement, in the Schedule of Canada in Annex Kbis-01.1-1 of Chapter Kbis of the CCFTA, in the Schedule of Canada in Annex 1401.1-1 of Chapter Fourteen of the CPFTA, in the Schedule of Canada in Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Designations Sections 3-4 Annex 1401-1 of Chapter Fourteen of the CCOFTA, in the Schedule of Canada in Annex 1 of Chapter Sixteen of the CPAFTA, in the Schedule of Canada in Annex 17.1 of Chapter Seventeen of the CHFTA, in the Schedule of Canada in Annex 14-A of Chapter Fourteen of the CKFTA, in Annex 19-1 of Annex 19-A in Chapter Nineteen of CETA, in Annex 10-1 of the Market access schedule of Canada in Chapter 10 of CUFTA or in Section A of the Schedule of Canada in Annex 15-A of Chapter Fifteen of the TPP or the federal government entities that are procuring entities as referred to in Article 504.2 of the CFTA; (b) the federal government enterprises set out under the heading “CANADA” in Annex 3 of the Agreement on Government Procurement, in the Schedule of Canada in Annex Kbis-01.1-2 of Chapter Kbis of the CCFTA, in the Schedule of Canada in Annex 1401.1-2 of Chapter Fourteen of the CPFTA, in the Schedule of Canada in Annex 1401-2 of Chapter Fourteen of the CCOFTA, in the Schedule of Canada in Annex 2 of Chapter Sixteen of the CPAFTA, in the Schedule of Canada in Annex 17.2 of Chapter Seventeen of the CHFTA, in the Schedule of Canada in Annex 14-A of Chapter Fourteen of the CKFTA, in Annex 10-2 of the Market access schedule of Canada in Chapter 10 of CUFTA or in Section C of the Schedule of Canada in Annex 15-A of Chapter Fifteen of the TPP or the federal government enterprises referred to in Annex 19-3 of Annex 19-A in Chapter Nineteen of CETA or the federal government enterprises that are procuring entities as referred to in Article 504.2 of the CFTA; and (c) if a procurement that results in the award of a designated contract by a government entity or enterprise referred to in paragraph (a) or (b) is conducted by the Department of Public Works and Government Services or its successor, that Department or its successor. (d) [Repealed, SOR/2010-87, s. 1] (e) [Repealed, SOR/2005-207, s. 2] SOR/95-300, s. 4; SOR/96-30, s. 2; SOR/2000-395, s. 2; SOR/2005-207, s. 2; SOR/ 2007-157, s. 2; SOR/2010-25, s. 2; SOR/2010-87, s. 1; SOR/2011-135, s. 2; SOR/2013-54, s. 2; SOR/2013-168, s. 1; SOR/2014-223, s. 1; SOR/2014-303, s. 1; SOR/2017-143, s. 5; SOR/2017-144, s. 2; SOR/2017-181, s. 4; SOR/2018-224, s. 2; SOR/2020-66, s. 2. Application 4 These Regulations apply to complaints by potential suppliers concerning designated contracts. Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Determination of the Value of a Contract Sections 5-6 Determination of the Value of a Contract 5 Where the Tribunal requires that the value of a designated contract be determined, the Tribunal shall deem that value to be the value of the designated contract that was established by the government institution (a) if a notice of proposed procurement was published in accordance with one or more of the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA and the TPP, at the time that the notice was published; or (b) where a notice of proposed procurement has not been published, at the time the solicitation documentation was made available to potential suppliers. SOR/95-300, s. 5; SOR/96-30, s. 3; SOR/2000-395, s. 3; SOR/2005-207, s. 3; SOR/ 2007-157, s. 3; SOR/2010-25, s. 3; SOR/2011-135, s. 3; SOR/2013-54, s. 3; SOR/2014-223, s. 2; SOR/2014-303, s. 2; SOR/2017-143, s. 6; SOR/2017-144, s. 3; SOR/2017-181, s. 5; SOR/2018-224, s. 3; SOR/2020-66, s. 3. Time Limits for Filing a Complaint 6 (1) Subject to subsections (2) and (3), a potential supplier who files a complaint with the Tribunal in accordance with section 30.11 of the Act shall do so not later than 10 working days after the day on which the basis of the complaint became known or reasonably should have become known to the potential supplier. (2) A potential supplier who has made an objection regarding a procurement relating to a designated contract to the relevant government institution, and is denied relief by that government institution, may file a complaint with the Tribunal within 10 working days after the day on which the potential supplier has actual or constructive knowledge of the denial of relief, if the objection was made within 10 working days after the day on which its basis became known or reasonably should have become known to the potential supplier. (3) A potential supplier who fails to file a complaint within the time limit set out in subsection (1) or (2) may file a complaint within the time limit set out in subsection (4), if the Tribunal determines, after considering all of the circumstances surrounding the procurement, including the good faith of the potential supplier, that (a) the failure to file the complaint was attributable to a cause beyond the control of the potential supplier at the time the complaint should have been filed in order to meet the requirements of subsection (1) or (2); or Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Time Limits for Filing a Complaint Sections 6-7 (b) the complaint concerns any aspect of the procurement process, of a systemic nature, relating to a designated contract, and compliance with one or more of the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA, Chapter Sixteen of the CPAFTA, Chapter Seventeen of the CHFTA, Chapter Fourteen of the CKFTA, Chapter Nineteen of CETA, Chapter Five of the CFTA, Chapter Ten of CUFTA and Chapter Fifteen of the TPP. (4) A complaint under subsection (3) may not be filed later than 30 days after the day the basis of the complaint became known or reasonably should have become known to the potential supplier. SOR/95-300, s. 6; SOR/96-30, s. 4; SOR/2000-395, s. 4; SOR/2005-207, s. 4; SOR/ 2007-157, s. 4; SOR/2010-25, s. 4; SOR/2011-135, s. 4; SOR/2013-54, s. 4; SOR/2014-223, s. 3; SOR/2014-303, s. 3; SOR/2017-143, s. 7; SOR/2017-144, s. 4; SOR/2017-181, s. 6; SOR/2018-224, s. 4; SOR/2020-66, s. 4. Conditions for Inquiry 7 (1) The Tribunal shall, within five working days after the day on which a complaint is filed, determine whether the following conditions are met in respect of the complaint: (a) the complainant is a potential supplier; (b) the complaint is in respect of a designated contract; and (c) the information provided by the complainant, and any other information examined by the Tribunal in respect of the complaint, discloses a reasonable indication that the procurement has not been conducted in accordance with whichever of the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA, Chapter Sixteen of the CPAFTA, Chapter Seventeen of the CHFTA, Chapter Fourteen of the CKFTA, Chapter Nineteen of CETA, Chapter Five of the CFTA, Chapter Ten of CUFTA or Chapter Fifteen of the TPP applies. (2) Where the Tribunal determines that the conditions set out in subsection (1) in respect of a complaint have been met and it decides to conduct an inquiry, the Tribunal shall publish a notice of the filing of the complaint Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Conditions for Inquiry Sections 7-10 in a circular or periodical designated by the Treasury Board. SOR/95-300, s. 7; SOR/96-30, s. 5; SOR/2000-395, s. 5; SOR/2005-207, s. 5; SOR/ 2007-157, s. 5; SOR/2010-25, s. 5; SOR/2011-135, s. 5; SOR/2013-54, s. 5; SOR/2014-223, s. 4; SOR/2014-303, s. 4; SOR/2017-143, s. 8; SOR/2017-144, s. 5; SOR/2017-181, s. 7; SOR/2018-224, s. 5; SOR/2020-66, s. 5. Interim Reports 8 (1) Where the Tribunal produces or causes to be produced an interim report or similar document in respect of the complaint, it shall, before making any order, finding or recommendation in respect of the complaint, provide a copy of the interim report or similar document to the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party. (2) The complainant, the relevant government institution or any other party that the Tribunal considers to be an interested party may make representations to the Tribunal on any aspect of the report or similar document referred to in subsection (1) that is not confidential information. SOR/2002-403, s. 1. Postponement of Award of Contract 9 (1) Where the Tribunal, in accordance with subsection 30.13(3) of the Act, orders the government institution to postpone the awarding of a designated contract, it shall, within five working days after the making of the order, notify the government institution of that order. (2) The Tribunal shall rescind an order made under subsection 30.13(3) of the Act, if, within seven working days after the day on which the order is made, the government institution provides a certificate referred to in subsection 30.13(4) of the Act in respect of the designated contract. SOR/96-30, s. 6. Dismissal of Complaints 10 (1) The Tribunal may, at any time, order the dismissal of a complaint where (a) after taking into consideration the Act, these Regulations and, as applicable, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA or the TPP, the Tribunal determines that the complaint has no valid basis; Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Dismissal of Complaints Sections 10-12 (b) the complaint is not in respect of a procurement by a government institution; (c) the complaint is not filed within the time limits set out in these Regulations or in any rules made pursuant to subsection 39(1) of the Act; or (d) the complainant has failed to file any information required by the Tribunal. (2) The Tribunal shall order the dismissal of a complaint in respect of which a national security exception set out in the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA or the TPP, as applicable, has been properly invoked by the relevant government institution. (3) The national security exception is properly invoked when an assistant deputy minister, or a person of equivalent rank, who is responsible for awarding the designated contract has signed a letter approving that the national security exception be invoked and the letter is dated prior to the day on which the designated contract is awarded. SOR/95-300, s. 8; SOR/96-30, s. 7; SOR/2000-395, s. 6; SOR/2005-207, s. 6; SOR/ 2007-157, s. 6; SOR/2010-25, s. 6; SOR/2011-135, s. 6; SOR/2013-54, s. 6; SOR/2014-223, s. 5; SOR/2014-303, s. 5; SOR/2017-143, s. 9; SOR/2017-144, s. 6; SOR/2017-181, s. 8; SOR/2018-224, s. 6; SOR/2019-162, s. 1; SOR/2020-66, s. 6. Determination 11 If the Tribunal conducts an inquiry into a complaint, it shall determine whether the procurement was conducted in accordance with the requirements set out in whichever of the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA or the TPP applies. SOR/95-300, s. 9; SOR/96-30, s. 8; SOR/2000-395, s. 7; SOR/2005-207, s. 7; SOR/ 2007-157, s. 7; SOR/2010-25, s. 7; SOR/2011-135, s. 7; SOR/2013-54, s. 7; SOR/2014-223, s. 6; SOR/2014-303, s. 6; SOR/2017-143, s. 10; SOR/2017-144, s. 7; SOR/2017-181, s. 9; SOR/2018-224, s. 7; SOR/2020-66, s. 7. Issuance of Findings and Recommendations 12 The Tribunal shall issue its findings and recommendations in respect of a complaint to the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party (a) subject to paragraphs (b) and (c), within 90 days after the filing of the complaint; Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations Issuance of Findings and Recommendations Sections 12-13 (b) where, under any rules made pursuant to subsection 39(1) of the Act, the Tribunal grants a request for an express option, within 45 days after it grants that request; or (c) where, under any rules made pursuant to subsection 39(1) of the Act, the Tribunal authorizes an extension of time, within 135 days after the filing of the complaint. 13 Where the Tribunal makes recommendations to a government institution under section 30.15 of the Act, the government institution shall: (a) advise the Tribunal in writing, within 20 days after receipt of the recommendations, of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so; and (b) where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, advise the Tribunal in writing, within 60 days after receipt of the recommendations, of the extent to which it has then implemented the recommendations. SOR/96-30, s. 9. Current to June 20, 2022 Last amended on April 1, 2021 Canadian International Trade Tribunal Procurement Inquiry Regulations RELATED PROVISIONS RELATED PROVISIONS — SOR/2017-144, s. 8 8 The Canadian International Trade Tribunal Procurement Inquiry Regulations, as they read before the day on which these Regulations come into force, shall apply in respect of any procurements for which the requirements were decided by the government institution before these Regulations come into force. — SOR/2019-162, s. 2 2 For greater certainty, the Canadian International Trade Tribunal Procurement Inquiry Regulations, as they read immediately before the coming into force of these Regulations, continue to apply to complaints for which a notice has been published before that day pursuant to subsection 7(2) of those Regulations. — SOR/2020-66, s. 8 8 (1) A contract or class of contract that is designated in Article 1001 of NAFTA, as defined in section 2 of the Canadian International Trade Tribunal Procurement Inquiry Regulations as it read immediately before the coming into force of these Regulations, and for which the procurement requirements are decided before the day on which these Regulations come into force by the government institution, as designated under subsection 3(2) of those Regulations as it read immediately before the day on which these Regulations come into force, is a designated contract for the purpose of the definition designated contract in section 30.1 of the Act. (2) Paragraphs 5(a), 6(3)(b), 7(1)(c) and 10(1)(a), subsection 10(2) and section 11 of those Regulations, as they read immediately before the day on which these Regulations come into force, apply in relation to an inquiry conducted under subsection 30.11(1) of the Act in respect of a designated contract referred to in subsection (1). Current to June 20, 2022 Last amended on April 1, 2021
CONSOLIDATION Critical Habitat of the Round Hickorynut (Obovaria subrotunda) Order SOR/2019-308 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Round Hickorynut (Obovaria subrotunda) Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2019-308 August 20, 2019 SPECIES AT RISK ACT Critical Habitat of the Round Hickorynut (Obovaria subrotunda) Order Whereas the Round Hickorynut (Obovaria subrotunda) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect a reserve or other lands that are set apart for the use and benefit of a band and, pursuant to subsection 58(7) of that Act, has consulted with the Minister of Indigenous and Northern Affairs and the band in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Round Hickorynut (Obovaria subrotunda) Order. Ottawa, August 12, 2019 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Round Hickorynut (Obovaria subrotunda) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Round Hickorynut (Obovaria subrotunda) which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canada Industrial Relations Board Regulations, 2012 SOR/2001-520 Current to June 20, 2022 Last amended on November 1, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 1, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 1, 2014 TABLE OF PROVISIONS Canada Industrial Relations Board Regulations, 2012 PART 1 General 1 Interpretation Orders Registrar PART 2 Rules Applicable to Proceedings 4 Commencement of Proceedings Signatures and Authorizations Filing and Service of Documents Date of Filing Computation of time Applications Notices of Application Responses and Replies 12.1 Request to Intervene Time for Responding or Replying Expedited Process Interim Orders Verification of Evidence Consolidation of Proceedings Disclosure Confidentiality of Documents Exchange of Documents Current to June 20, 2022 Last amended on November 1, 2014 ii Canada Industrial Relations Board Regulations, 2012 TABLE OF PROVISIONS Summons Hearing Procedures Notice of Hearing Cancellation, Adjournment and Postponement of Hearings PART 3 Applications Relating to Bargaining Rights 30 Evidence of Employees’ Wishes Evidence of Membership in a Trade Union Representation Votes Applications Respecting Bargaining Rights Applications for Certification Confidentiality of Employees’ Wishes Applications for Revocation of Bargaining Rights and Related Matters Applications for Revocation for Fraud Subsequent Applications for Certification and Revocation PART 4 Unfair Labour Practice Complaints PART 5 Applications for Declaration of an Invalid Vote 41.1 PART 5.1 Maintenance of Activities 42 PART 6 Unlawful Strikes and Lockouts Current to June 20, 2022 Last amended on November 1, 2014 iv Canada Industrial Relations Board Regulations, 2012 TABLE OF PROVISIONS Applications for Declaration of an Unlawful Strike Applications for Declaration of an Unlawful Lockout PART 7 Applications for Reconsideration 46 PART 8 General Powers 48 PART 9 Repeal, Transitional Provision and Coming into Force 48 Repeal Transitional Coming Into Force Current to June 20, 2022 Last amended on November 1, 2014 v Registration SOR/2001-520 November 23, 2001 CANADA LABOUR CODE Canada Industrial Relations Board Regulations, 2012 The Canada Industrial Relations Board, pursuant to section 15a of the Canada Labour Code hereby makes the annexed Canada Industrial Relations Board Regulations, 2001. November 23, 2001 a L.C. 1998, c. 26, s. 3 Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 1 General Interpretation 1 The following definitions apply in these Regulations. affidavit means a written statement confirmed by oath or a solemn declaration. (affidavit) application includes any application, complaint, question or dispute as defined in section 3 of the Code made or referred to the Board in writing under the Code. (demande) Code means the Canada Labour Code. (Code) complaint includes any complaint filed in writing with the Board under subsection 97(1), 110(3) or 133(1) of the Code. (plainte) day means a calendar day. (jour) intervenor means a person whose request to intervene made under section 12.1 has been granted. (intervenant) party means any applicant, respondent and intervenor. (partie) person includes an employer, an employers’ organization, a trade union, a council of trade unions, an employee or a group of employees. (personne) Registrar means an employee of the Administrative Tribunals Support Service of Canada whom the Board has authorized in writing to act on its behalf. (greffier) reply means the document by which the applicant replies in writing to a response and that is the final step in the application process. (réplique) response means the document by which a respondent responds in writing to an application. (réponse) Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 1 General Interpretation Sections 1-5 Returning Officer means an individual appointed by the Board to conduct a representation vote. (directeur du scrutin) SOR/2011-109, s. 1; SOR/2014-243, s. 1. Orders 2 (1) Only the Chairperson, a Vice-Chairperson, or another member of the Board may sign an order or a decision of the Board, although a Registrar is authorized to sign the decisions referred to in section 3. (2) [Repealed, SOR/2011-109, s. 2] SOR/2011-109, s. 2. Registrar 3 In addition to processing any matters on behalf of the Board, a Registrar may make binding decisions on uncontested applications on behalf of the Board in respect of (a) amendments to certification orders made pursuant to section 18 of the Code, incidental to a change of a party’s name; (b) applications for certification pursuant to section 24 of the Code; (c) successor rights, privileges and duties under section 43 of the Code; (d) change of the name incidental to successor employer applications pursuant to sections 44 to 46 of the Code; and (e) withdrawal of any complaint or application prior to its referral by the Chairperson to a panel. PART 2 Rules Applicable to Proceedings Commencement of Proceedings 4 A proceeding before the Board is initiated by filing a document in writing in accordance with these Regulations. SOR/2012-305, s. 2. 5 In any proceeding before the Board, the use of the forms provided by the Board is encouraged but not essential. SOR/2012-305, s. 2. Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Signatures and Authorizations Sections 6-7 Signatures and Authorizations 6 (1) An application, response, reply or request to intervene filed with the Board shall be signed as follows: (a) if it is filed by a trade union, a council of trade unions or an employers’ organization, it shall be signed by the president or secretary or two other officers or by any individual authorized by the trade union, the council of trade unions or employers’ organization; (b) if it is filed by an employer, it shall be signed by the employer or by the general manager or chief executive officer or by any individual authorized by the employer; and (c) if it is filed by an employee, it shall be signed by the employee or by any individual authorized by the employee. (2) For the purpose of subsection (1), the Board may require that an authorization be given in writing and filed with the Board. Filing and Service of Documents 7 (1) If an application, response, reply, request to intervene or other document is required to be filed with the Board or served on any person, it must be filed or served on the person, the person’s legal counsel or the person’s representative (a) by delivery by hand; (b) by mail at the address for service, as defined in subsection (2); (c) by fax that provides a proof of receipt of the document; or (d) by any other means authorized by the Board. (2) For the purpose of subsection (1), address for service means (a) in the case of the Board, the address of an office of the Administrative Tribunals Support Service of Canada that is identified as a Board office; and (b) in the case of any other person, the person’s address as it appears in any notice issued by the Board in that proceeding, or if no address appears, the latest known address of the person. Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Filing and Service of Documents Sections 7-10 (3) A document that is transmitted by fax must include the following information: (a) the name, address, telephone and fax numbers of the person transmitting the document; (b) the name, address, telephone and fax numbers of the person to whom the document is being transmitted; (c) the date and time of transmission; and (d) the total number of pages being transmitted. SOR/2011-109, s. 3(F); SOR/2012-305, ss. 3, 26; SOR/2014-243, s. 2. Date of Filing 8 The date of filing of an application, response, reply, request to intervene or any other document with the Board is (a) if the document is sent by registered mail, the date it is mailed; and (b) in any other case, the date the document is received by the Board. Computation of time 9 If the time limit for the completion of any task or the filing of any document expires or falls on a Saturday or a holiday, as defined in subsection 35(1) of the Interpretation Act, it is extended to the next day after that. SOR/2012-305, s. 4. Applications 10 An application filed with the Board, other than an application to which any of sections 12.1, 33, 34, 36, 37, 40 to 43 and 45 apply, must include the following information: (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of the respondent; (c) reference to the provision of the Code under which the application is being made; (d) full particulars of the facts, of relevant dates and of grounds for the application; (e) a copy of supporting documents; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Applications Sections 10-11 (f) the date and description of any order or decision of the Board relating to the application; (g) whether a hearing is being requested, and if so, the reasons for the request; and (h) a description of the order or decision sought. SOR/2011-109, s. 4; SOR/2012-305, s. 26. Notices of Application 11 (1) Subject to subsection (2), the Board shall, on receipt of an application and to the extent possible, give notice of the application in writing to a person whose rights may be directly affected by the application. (2) If the rights of employees could be affected by an application, the Board may, in writing, require an employer or a trade union to do one or both of the following: (a) immediately post any notices of the application that are provided by the Board, for the reasonable period that it prescribes, in places where those notices are most likely to come to the attention of the employees who may be affected by the application; and (b) notify the employees who may be affected by the application by any other means set by the Board that ensures that they receive effective notice of the application. (3) An employer or a trade union, as the case may be, must provide written confirmation to the Board that it has complied with any requirement prescribed in subsection (2). (4) The date on which the employees are deemed to have received notice of the application is the earliest of (a) the day on which the employees are given notice by the Board of the application under subsection (1); (b) the day on which the notice is posted under paragraph (2)(a); and (c) the day on which the employees are notified of the application under paragraph (2)(b). Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Responses and Replies Sections 12-12.1 Responses and Replies 12 (1) Any person who makes a response or reply must include the following information in the response or reply: (a) the name, postal and email addresses and telephone and fax numbers of the respondent and of their legal counsel or representative, if applicable; (b) the Board’s file number for the relevant application; (c) full particulars of the facts, relevant dates and grounds for the response or reply; (d) a copy of supporting documents for the response or reply; (e) the person’s position relating to the order or decision sought by the applicant or respondent, as the case may be; (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (g) a description of the order or decision sought. (2) A response must be filed (a) in the case of an application for certification, within 10 days of the receipt of notice of the application; and (b) in the case of any other application, within 15 days of the receipt of notice of the application. (3) A reply must be filed within 10 days of the filing of the response. (4) A request for an extension of time to file a response or reply must be made in writing to the Board and set out the grounds for the request. SOR/2011-109, s. 5; SOR/2012-305, ss. 5, 26. Request to Intervene 12.1 (1) Any person who wishes to apply for intervenor status must make a request to intervene in writing that includes (a) the name, postal and email addresses and telephone and fax numbers of the person and of their legal counsel or representative; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Request to Intervene Section 12.1 (b) a description of the person’s interest in the matter including, an explanation of any prejudice that the person would suffer if the intervention were denied and an explanation as to whether their interest is different from that of any other party; and (c) an indication as to how the intervention will assist the Board in furthering the objectives of the Code. (2) A request to intervene must be filed (a) in the case of an application for certification, within 10 days of the receipt of notice of the application; and (b) in the case of any other application, within 15 days of the receipt of notice of the application. (3) A response to a request to intervene must be filed within 10 days of the receipt of the request. (4) A reply must be filed within 5 days of the filing of the response. (5) If the request to intervene is granted, the intervenor must file with the Board written submissions on the merits of the case within 10 days of the receipt of notice that the request to intervene has been granted, including (a) the Board’s file number for the relevant application; (b) full particulars of the facts, relevant dates and grounds for the submissions; (c) a copy of supporting documents for the submissions; (d) the intervenor’s position relating to any order or decision sought; (e) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (f) a description of the order or decision sought. (6) A response to the intervenor’s submissions on the merits of the case must be filed within 10 days of the filing of the submissions. (7) [Repealed, SOR/2014-243, s. 3] (8) A request for any extension of time for filing a document under this section must be made in writing to the Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Request to Intervene Sections 12.1-16 Board and set out the grounds for the requested extension. SOR/2011-109, s. 5; SOR/2012-305, s. 6; SOR/2014-243, s. 3. Time for Responding or Replying 13 [Repealed, SOR/2012-305, s. 7] 13.1 [Repealed, SOR/2012-305, s. 7] Expedited Process 14 An expedited process applies to the following matters: (a) applications for interim orders made under section 19.1 of the Code; (b) applications to file a decision or order of the Board in the Federal Court or in the superior court of a province, made under sections 23 and 23.1 of the Code; (c) referrals to the Board directed by the Minister under section 80, subsection 87.4(5) or section 107 of the Code; (d) applications for declaration of an invalid strike or lockout vote made under subsections 87.3(4) and (5) of the Code; (e) applications for declaration of unlawful strike or lockout made under sections 91 and 92 of the Code; (f) unfair labour practice complaints respecting the use of replacement workers and dismissals for union activities referred to in subsections 94(2.1) and (3) of the Code; and (g) complaints respecting a dismissal made under section 133 of the Code. SOR/2011-109, s. 9(E); SOR/2012-305, s. 8. 15 (1) An application to which the expedited process applies must be served on the respondent at the same time that it is filed with the Board. (2) The application served on a respondent in accordance with subsection (1) constitutes notice to the respondents that a hearing may be held forthwith, at a time and a place to be communicated by the Board. SOR/2011-109, s. 10. 16 A person who wishes to respond, reply to or intervene in an application to which the expedited process Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Expedited Process Sections 16-21 applies must do so no later than five days after receiving notice of the application or the response, as the case may be. 17 [Repealed, SOR/2012-305, s. 9] Interim Orders 18 (1) Subject to subsection (2), an application for an interim order under 19.1 of the Code must include an affidavit by an individual having personal knowledge of the alleged facts. (2) If an individual does not have personal knowledge of the alleged facts, the individual must state the source of information or belief and the basis for relying on the information received from that source. (3) The Board may specify terms of any cross-examination and reply of the deponent. (4) Unless the Board specifies otherwise, any interim order is in effect until the matter is finally disposed of by the Board. Verification of Evidence 19 The Board may at any time require a person who has filed an application, response, reply, request to intervene or other document with the Board to verify by affidavit the contents of that document within the reasonable time specified by the Board. Consolidation of Proceedings 20 The Board may order, in respect of two or more proceedings, that they be consolidated, heard together or heard consecutively. SOR/2011-109, s. 11(F). Disclosure 21 (1) A party that seeks disclosure of relevant documents must request in writing the disclosure directly from the other parties before applying to the Board for an order requiring disclosure. (2) [Repealed, SOR/2012-305, s. 10] (3) If parties enter into an agreement respecting the disclosure of documents, the Board may order that they file a copy of the agreement with the Board. Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Disclosure Sections 21-23 (4) and (5) [Repealed, SOR/2011-109, s. 12] SOR/2011-109, s. 12; SOR/2012-305, s. 10. Confidentiality of Documents 22 (1) Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding. (2) The Board, on its own initiative or at the request of a party, may declare that a document is confidential. (3) In determining whether a document is confidential, the Board must consider whether disclosure would cause specific direct harm to a person and whether the specific direct harm would outweigh the public interest in disclosure. (4) If the Board declares that a document is confidential, the Board may (a) order that the document or any part of it not be placed on the public record; (b) order that a version or any part of the document from which the confidential information has been removed be placed on the public record; (c) order that any portion of a hearing, including argument, examination or cross-examination, which deals with the confidential document, be conducted in private; (d) order that the document or any part of it be provided to the parties, or only to their legal counsel or representative, and that the document not be placed on the public record; or (e) make any other order that it considers appropriate. SOR/2012-305, s. 11. Exchange of Documents 23 Subject to sections 15, 22 and 34, a person who files a document with the Board in respect of a proceeding must, forthwith, serve a copy of that document on all parties and any other person named in any notice that the person has received and inform the Board of the time and manner of service. Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Summons Sections 24-27 Summons 24 (1) Any individual who has been authorized by the Board under paragraph 16(k) of the Code may, in relation to a proceeding before the Board, issue a summons requiring an individual to appear, give evidence under oath and produce documents and things. (2) With the exception of a matter to which the expedited process applies, or with the consent of the Board, the summons referred to in subsection (1) must be served no later than five days before the hearing. SOR/2011-109, s. 13; SOR/2012-305, s. 12. Hearing Procedures [SOR/2012-305, s. 13] 25 [Repealed, SOR/2012-305, s. 14] 26 [Repealed, SOR/2011-109, s. 15] 27 (1) A party that intends to present evidence must file with the Board six copies or such other number as the Board may specify of the following: (a) all documents on which the party intends to rely as evidence, including any documents filed with the application, response or reply, as the case may be, in one or more tabbed books; and (b) a list of witnesses expected to be called that includes their names and occupations, along with a summary of the information that is expected to be provided on issues raised in the application, response or reply. (2) The documents referred to in subsection (1) must be filed (a) no later than ten days before the scheduled date of the hearing, in the case of the applicant; or (b) no later than eight days before that date, in the case of the respondent and the intervenor. (3) The documents and information referred to in subsection (1) must be served on all other parties in the applicable time limit as set out in subsection (2). (4) If a party does not comply with subsection (1), (2) or (3), the Board may refuse to consider any document or hear any witness tendered by the party at the hearing. Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 2 Rules Applicable to Proceedings Hearing Procedures Sections 27-30 (5) The Board may require that the party submit to the Board the written authorities and submissions on which the party intends to rely in advance of the hearing. SOR/2011-109, s. 16(E); SOR/2012-305, s. 15. Notice of Hearing 28 Subject to the provisions of subsection 15(2) respecting an expedited process, the Board must give not less than 15 days notice of a hearing to the parties, unless the parties consent to a shorter notice. Cancellation, Adjournment and Postponement of Hearings 29 (1) In addition to adjourning or postponing a hearing under paragraph 16(l) of the Code, the Board may cancel a hearing. (2) If a proceeding has been adjourned without the fixing of a day for a further hearing, the Board shall give notice to the parties upon expiry of six months from the date of adjournment, that the proceedings will be deemed to be withdrawn at the expiry of 15 days after receipt of the notice. (3) A party may request that a proceeding be resumed by providing written reasons to the Board for the request within 15 days after receipt of the notice. SOR/2011-109, s. 17. 29.1 If a matter has been dormant for more than 12 months, the Board may send a notice to all of the parties requiring them to show cause why the matter should not be deemed to be withdrawn and, if there is no response within the period determined by the Board, deem the matter withdrawn. SOR/2012-305, s. 16. PART 3 Applications Relating to Bargaining Rights Evidence of Employees’ Wishes 30 In any application relating to the certification of a bargaining agent (a) the membership of an employee in a trade union is evidence that the employee wishes to be represented Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 3 Applications Relating to Bargaining Rights Evidence of Employees’ Wishes Sections 30-33 by the trade union as that employee’s bargaining agent; and (b) the membership in a trade union of a majority of employees in a unit appropriate for collective bargaining is evidence that the majority of the employees in the bargaining unit wish to be represented by the trade union as their bargaining agent. SOR/2012-305, s. 17. Evidence of Membership in a Trade Union 31 (1) In any application relating to bargaining rights, the Board may accept as evidence of membership in a trade union evidence that a person (a) has signed an application for membership in the trade union; and (b) has paid at least five dollars to the trade union for or within the six-month period immediately before the date on which the application was filed. (2) In an application relating to paragraph 44(3)(c) of the Code, the Board may accept as membership in a trade union the same evidence as required by the laws or regulations of the province where the application originated. SOR/2011-109, s. 18(F). Representation Votes [SOR/2012-305, s. 18(F)] 32 (1) If the Board orders a representation vote to be taken, the Board shall appoint a Returning Officer to conduct the vote. (2) The Returning Officer may give directions to ensure the proper conduct of the vote and shall report the results of the vote to the Board. (3) The Returning Officer may appoint one or more employees of the Administrative Tribunals Support Service of Canada to assist in the conduct of the vote. SOR/2014-243, s. 4. Applications Respecting Bargaining Rights 33 An application respecting bargaining rights must include the following information: Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 3 Applications Relating to Bargaining Rights Applications Respecting Bargaining Rights Sections 33-34 (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of the respondent; (c) a description of the general nature of the employer’s business; (d) the address of the employer’s establishments affected by the application; (e) a reference to the provision of the Code under which the application is being made; (f) full particulars of the facts, relevant dates and grounds for the application; (g) a copy of supporting documents for the application; (h) the date and description of any order or decision of the Board relating to the application; (i) a description of any existing bargaining units that may be affected by the application and the details of any certification order; (j) the name, postal and email addresses and telephone and fax numbers of any trade union or council of trade unions that is the bargaining agent for such units or is otherwise affected by the application; (k) if applicable, the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit; (l) a description of the proposed bargaining unit; (m) the number of employees in the existing or proposed bargaining unit; (n) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (o) a description of the order or decision sought. SOR/2011-109, s. 19; SOR/2012-305, s. 26. Applications for Certification 34 In addition to the information required for an application made under section 33, an application for Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 3 Applications Relating to Bargaining Rights Applications for Certification Sections 34-37 certification must include a separate and confidential statement of the number of employees in the proposed bargaining unit that the applicant claims to represent as members of a trade union or of a council of trade unions. SOR/2011-109, s. 19; SOR/2012-305, s. 19. Confidentiality of Employees’ Wishes 35 The Board, or an employee of the Administrative Tribunals Support Service of Canada who is authorized to act on behalf of the Board, must not disclose evidence that could reveal membership in a trade union, opposition to the certification of a trade union or the wish of any employee to be represented, or not to be represented, by a trade union, unless the disclosure would further the objectives of the Code. SOR/2014-243, s. 5. Applications for Revocation of Bargaining Rights and Related Matters 36 (1) In addition to the information required for an application made under section 33, an application made by an employee under section 38 of the Code must include a separate and confidential statement, signed by each employee whom the applicant claims to represent, stating that they do not wish to be represented by the bargaining agent and authorizing the applicant to act on their behalf. (2) The statement described in subsection (1) shall show the printed name, the date on which each employee signed the statement, and that date shall be not more than six months before the date on which the application is filed. SOR/2011-109, s. 20. Applications for Revocation for Fraud 37 An application made under subsection 40(1) of the Code must include (a) the name, postal and email address and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email address and telephone and fax numbers of any employer or trade union that may be affected by the application; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 3 Applications Relating to Bargaining Rights Applications for Revocation for Fraud Sections 37-40 (c) full particulars of the facts, relevant dates and grounds for the application; (d) a copy of supporting documents for the application; (e) the date and description of any order or decision of the Board relating to the application; (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request; (g) a description of the order or decision sought; and (h) full particulars of the acts constituting the alleged fraud, including when and how those acts became known to the applicant. SOR/2011-109, s. 21; SOR/2012-305, s. 26. Subsequent Applications for Certification and Revocation 38 A trade union or council of trade unions shall not file a new application for certification in respect of the same or substantially the same bargaining unit until six months have elapsed from the date on which its previous application was rejected. SOR/2011-109, s. 22(F). 39 Any employee shall not file a new application for revocation of certification in respect of the same bargaining unit until six months have elapsed from the date on which a previous application was rejected. SOR/2011-109, s. 22(F). PART 4 Unfair Labour Practice Complaints 40 (1) A complaint must include (a) the name, postal and email addresses and telephone and fax numbers of the complainant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of any person who may be affected by the complaint; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 4 Unfair Labour Practice Complaints Sections 40-41 (c) a reference to the provision of the Code under which the complaint is being made; (d) full particulars of the facts, relevant dates and grounds for the complaint; (e) a copy of supporting documents for the complaint; (f) the date and description of any order or decision of the Board relating to the complaint; (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request; (h) a description of the order or decision sought; (i) the date on which the complainant knew of the action or circumstances giving rise to the complaint; and (j) particulars of the measures taken, if any, to have the complaint referred to arbitration under a collective agreement or the reasons why the arbitration did not take place. (2) A complaint in which a violation of paragraph 95(f) or (g) of the Code is alleged must describe the manner in which the conditions set out in subsection 97(4) of the Code have been met. SOR/2011-109, s. 23; SOR/2012-305, s. 26. PART 5 Applications for Declaration of an Invalid Vote 41 An application for the declaration of an invalid strike or lockout vote made under subsection 87.3(4) or (5) of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of the respondent; (c) reference to the provision of the Code under which the application is being made; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 5 Applications for Declaration of an Invalid Vote Sections 41-41.1 (d) full particulars of the facts, relevant dates and grounds for the application; (e) full particulars of the alleged irregularities in the conduct of the vote that affected the outcome of the vote; (f) the date on which the results of the vote were announced; (g) a copy of supporting documents for the application; (h) the date and description of any order or decision of the Board relating to the application; (i) an indication as to whether a hearing is being requested and if so, the reasons for the request; and (j) a description of the order or decision sought. SOR/2011-109, s. 24; SOR/2014-243, s. 6. PART 5.1 Maintenance of Activities 41.1 An application made under section 87.4 of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative; (b) the name, postal and email addresses and telephone and fax numbers of the respondent; (c) the address of the employer’s establishments that are affected by the application; (d) full particulars of the facts, relevant dates and the efforts made by the parties to resolve the issue, if any; (e) a copy of the notice to bargain; (f) a copy of the notice of dispute; (g) a copy of the last agreement or order relating to essential services involving the parties, if any; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 5.1 Maintenance of Activities Sections 41.1-42 (h) the effective date and expiry date of any collective agreement that is in force or expired covering the employees in the bargaining unit affected by the application; (i) the number of employees in the bargaining unit; (j) the name, postal and email addresses and telephone and fax numbers of any trade union or council of trade unions that is the bargaining agent for other bargaining units that could be affected by the application; (k) a description of the services the applicant alleges are required and the immediate and serious danger to the safety or health of the public that the applicant alleges would occur if the Board does not allow the application; (l) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (m) a description of the order or decision sought. SOR/2012-305, s. 20. PART 6 Unlawful Strikes and Lockouts [SOR/2012-305, s. 21(E)] Applications for Declaration of an Unlawful Strike 42 (1) An application made by an employer for a declaration of an unlawful strike under section 91 of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of any trade union and, if applicable, any employee against whom an order is specifically sought, to be referred to as the respondents; (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order; (d) a description of the general nature of the employer’s business; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 6 Unlawful Strikes and Lockouts Applications for Declaration of an Unlawful Strike Sections 42-43 (e) the address of the employer’s establishments affected by the application; (f) full particulars of the facts, relevant dates and grounds for the application; (g) a copy of supporting documents for the application; (h) the date and description of any order or decision of the Board relating to the application; (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit; (j) the number of employees in the existing bargaining unit; (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (l) a description of the order or decision sought. (2) Service on the bargaining agent or one of its officers of notice of an application referred to in subsection (1) or notice of a hearing in respect of the application constitutes service of the notice on the employees in the bargaining unit except those against whom an order is specifically sought in the application. SOR/2011-109, s. 25; SOR/2012-305, s. 26. Applications for Declaration of an Unlawful Lockout 43 An application made by a trade union for a declaration of an unlawful lockout under section 92 of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of the employer of the employees being locked out and, if applicable, of any person acting on the employer’s behalf against whom an order is specifically sought, to be referred to as the respondents; (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 6 Unlawful Strikes and Lockouts Applications for Declaration of an Unlawful Lockout Sections 43-45 (d) a description of the general nature of the employer’s business; (e) the address of the employer’s establishments affected by the application; (f) full particulars of the facts, relevant dates and grounds for the application; (g) a copy of supporting documents for the application; (h) the date and description of any order or decision of the Board relating to the application; (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit; (j) the number of employees in the existing bargaining unit; (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (l) a description of the order or decision sought. SOR/2011-109, s. 26; SOR/2012-305, s. 26. PART 7 Applications for Reconsideration 44 [Repealed, SOR/2012-305, s. 22] 45 (1) An application for reconsideration of a decision or order of the Board must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email address, telephone and fax numbers of any employer or trade union that may be affected by the application; (c) the order or decision of the Board that is the subject of the reconsideration application; (d) full particulars of the facts, relevant dates and grounds for the application; (e) a copy of supporting documents for the application; Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 7 Applications for Reconsideration Sections 45-47.1 (f) the date and description of any order or decision of the Board relating to the application; (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (h) a description of the order or decision sought. (2) The application must be filed within 30 days after the date the written reasons of the decision or order being reconsidered are issued. (3) The application and the relevant documents must be served on all persons who were parties to the decision or order being reconsidered. SOR/2011-109, s. 27; SOR/2012-305, ss. 23, 26. PART 8 General Powers 46 The Board may vary or exempt a person from complying with any rule of procedure under these Regulations — including any time limits imposed under them or any requirement relating to the expedited process — where the variation or exemption is necessary to ensure the proper administration of the Code. 47 (1) If a party fails to comply with a rule of procedure under these Regulations, after being allowed an opportunity for compliance by the Board, it may (a) summarily refuse to hear or dismiss the application, if the non-complying party is the applicant; or (b) decide the application without further notice, if the non-complying party is the respondent. (2) If a party does not attend a pre-hearing proceeding or a hearing after having been given notice, the Board may decide the matter in the party’s absence. SOR/2011-109, s. 28(F); SOR/2012-305, s. 24. 47.1 If the Board determines that an oral hearing is necessary, it may give notice of the hearing by any available means, including telephone, fax, publication in a daily newspaper or the posting of notices. SOR/2012-305, s. 25. Current to June 20, 2022 Last amended on November 1, 2014 Canada Industrial Relations Board Regulations, 2012 PART 9 Repeal, Transitional Provision and Coming into Force Sections 48-50 PART 9 Repeal, Transitional Provision and Coming into Force Repeal 48 [Repeal] Transitional 49 (1) These Regulations apply in respect of all proceedings before the Board that are pending on the day these Regulations come into force. (2) Any proceeding initiated or document filed in accordance with the Canada Industrial Relations Board Regulations, 1992 before the coming into force of these Regulations is not invalidated merely because that proceeding or document does not conform to these Regulations. Coming Into Force 50 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on November 1, 2014
CONSOLIDATION Commercial Loan (Trust and Loan Companies) Regulations SOR/92-349 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Defining Certain Expressions and Prescribing Certain International Agencies in Respect of Commercial Loans 1 Short Title Interpretation Prescribed Subsidiaries Definition of Widely Distributed International Agencies Prescribed Total Assets Current to June 20, 2022 ii Registration SOR/92-349 June 4, 1992 TRUST AND LOAN COMPANIES ACT Commercial Loan (Trust and Loan Companies) Regulations P.C. 1992-1178 June 4, 1992 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to the definition commercial loan in subsection 449(1) and sections 461 to 463 and 531 of the Trust and Loan Companies Act*, is pleased hereby to make the annexed Regulations defining certain expressions and prescribing certain international agencies in respect of commercial loans. * S.C. 1991, c. 45 Current to June 20, 2022 Regulations Defining Certain Expressions and Prescribing Certain International Agencies in Respect of Commercial Loans Short Title 1 These Regulations may be cited as the Commercial Loan (Trust and Loan Companies) Regulations. Interpretation 2 In these Regulations, Act means the Trust and Loan Companies Act. (Loi) Prescribed Subsidiaries 3 For the purpose of sections 461 and 462 of the Act, the prescribed subsidiaries of a company are all of the subsidiaries of the company. Definition of Widely Distributed 4 (1) For the purpose of the definition commercial loan in subsection 449(1) of the Act, widely distributed means (a) in respect of debt obligations the distribution of which is exempt from the requirement to file a prospectus under the laws of Canada, a province or a jurisdiction outside Canada, that (i) at least 90% of the maximum authorized principal of the debt obligations is held by one or more persons other than the company and its subsidiaries, and (A) the debt obligations were issued to 25 persons other than the company and sidiaries within six months after the which the first of the debt obligations sued, or at least its subday on was is(B) if the debt obligations are issued on a continuous basis, there are on average at least 25 holders other than the company and its subsidiaries, or Current to June 20, 2022 Commercial Loan (Trust and Loan Companies) Regulations Definition of Widely Distributed Sections 4-5 (ii) at the time of their initial distribution, the debt obligations met at least three of the following criteria: (A) their initial term was less than one year, (B) they were rated by a rating agency, (C) they were distributed through a person authorized to trade in securities, and (D) they were distributed in accordance with an offering circular or memorandum, or a similar document relating to the distribution of securities; or (b) in respect of any other securities, that (i) they are listed and posted for trading on a recognized stock exchange, or (ii) a prospectus relating to the issuance of the securities was filed under the laws of Canada, a province or a jurisdiction outside Canada. (2) For the purposes of subparagraph (1)(a)(i), maximum authorized principal means, in relation to any debt obligation, the maximum amount of debt that may be issued under the terms of the debt obligation or any agreement relating to it. SOR/2001-369, s. 1. International Agencies 5 For the purposes of the definition commercial loan in subsection 449(1) of the Act, the prescribed international agencies are (a) the International Bank for Reconstruction and Development; (b) the International Finance Corporation; (c) the Inter-American Development Bank; (d) the Asian Development Bank; (e) the African Development Bank; (f) the European Investment Bank; (g) the Caribbean Development Bank; (h) the Nordic Investment Bank; (i) the European Bank for Reconstruction and Development; and Current to June 20, 2022 Commercial Loan (Trust and Loan Companies) Regulations International Agencies Sections 5-6 (j) the Council of Europe Development Bank. SOR/2001-369, s. 2. Prescribed Total Assets 6 For the purposes of sections 461 and 462 of the Act, total assets, in respect of a company, at a particular time, means the total of the assets that would be reported on the balance sheet of the company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 313(4) of the Act. SOR/94-64, s. 1. Current to June 20, 2022
CONSOLIDATION Canada-Nova Scotia Oil and Gas Spills and Debris Liability Regulations [Repealed, SOR/2016-24, s. 6] Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Regulations Prescribing the Limit of Liability in Respect of a Spill or Debris from Oil or Gas Exploration or Production Activity in the Nova Scotia Offshore Area Current to June 20, 2022 Last amended on February 27, 2016 ii
CONSOLIDATION Canada Turkey Marketing Levies Order [Repealed, SOR/2015-237, s. 1] Current to June 20, 2022 Last amended on November 17, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 17, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 17, 2015 TABLE OF PROVISIONS Order Providing for the Fixing and Imposing of Turkey Marketing Levies and for the Collection of Those Levies Current to June 20, 2022 Last amended on November 17, 2015 ii
CONSOLIDATION Order Specifying that the Canadian Forces are a Portion of the Public Sector Employing One Hundred or more Employees for the Purpose of Subsection 4(1) of that Act SOR/2002-420 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Specifying that the Canadian Forces are a Portion of the Public Sector Employing One Hundred or more Employees for the Purpose of Subsection 4(1) of that Act Current to June 20, 2022 ii Registration SOR/2002-420 November 21, 2002 EMPLOYMENT EQUITY ACT Order Specifying that the Canadian Forces are a Portion of the Public Sector Employing One Hundred or more Employees for the Purpose of Subsection 4(1) of that Act P.C. 2002-1956 November 21, 2002 Whereas, pursuant to paragraph 4(1)(d) of the Employment Equity Acta, the Treasury Board has consulted the Minister of Labour and the Minister of National Defence concerning the application of that Act to the Canadian Forces; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Treasury Board, and the Minister of Labour, pursuant to paragraph 4(1)(d) of the Employment Equity Acta, hereby specifies that the Canadian Forces are a portion of the public sector employing one hundred or more employees for the purpose of subsection 4(1) of that Act. a S.C. 1995, c. 44 Current to June 20, 2022
CONSOLIDATION Cribs and Cradles Regulations [Repealed, SOR/2010-261, s. 44] Current to June 20, 2022 Last amended on November 18, 2010 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 18, 2010. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 18, 2010 TABLE OF PROVISIONS Regulations Respecting the Advertising, Sale and Importation of Cribs and Cradles Current to June 20, 2022 Last amended on November 18, 2010 ii
CONSOLIDATION CCRFTA Verification of Origin Regulations SOR/2004-129 Current to June 20, 2022 Last amended on April 10, 2008 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 10, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 10, 2008 TABLE OF PROVISIONS CCRFTA Verification of Origin Regulations Interpretation Manner of Conducting a Verification of Origin Prescribed Premises Conditions for Conducting a Verification Visit Postponement of a Verification Visit Observers Generally Accepted Accounting Principles Verification Letters and Verification Questionnaires Extension of Completion of a Verification Letter or Verification Questionnaire Denial or Withdrawal of Preferential Tariff Treatment Under CCRFTA Methods of Sending Documents Coming into Force Current to June 20, 2022 Last amended on April 10, 2008 ii Registration SOR/2004-129 May 11, 2004 CUSTOMS ACT CCRFTA Verification of Origin Regulations P.C. 2004-628 May 11, 2004 Whereas, pursuant to paragraph 167.1(b) a of the Customs Actb, the annexed Regulations give effect, in part, to a public announcement made on November 1, 2002; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to section 42.1 c, paragraphs 164(1)(i) d and (j) d, subsection 164(1.3) e and paragraph 167.1(b) a of the Customs Actb, hereby makes the annexed CCRFTA Verification of Origin Regulations. a S.C. 1992, c. 28, s. 31(1) b R.S., c. 1 (2nd Supp.) c S.C. 1997, c. 36, s. 161 d S.C. 1992, c. 28, s. 30(1) e S.C. 2001, c. 28, s. 30 Current to June 20, 2022 Last amended on April 10, 2008 CCRFTA Verification of Origin Regulations Interpretation 1 The definitions in this section apply in these Regulations. Act means the Customs Act. (Loi) customs administration means the competent authority that is responsible under the law of Canada or of Costa Rica, as the case may be, for the administration of customs laws and regulations. (administration douanière) Generally Accepted Accounting Principles has the meaning assigned to that expression by subsection 1(4) of the CCRFTA Rules of Origin Regulations. (principes de comptabilité généralement reconnus) goods means goods for which preferential tariff treatment under the CCRFTA is claimed. (marchandises) material means a good that is used in the production of another good, and includes a part or ingredient. (matière) verification letter means a letter that requests information with respect to the origin of goods that are the subject of a verification of origin. (lettre de vérification) verification questionnaire means a questionnaire that requests information with respect to the origin of goods that are the subject of a verification of origin. (questionnaire de vérification) verification visit means the entry into premises or a place for the purpose of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act. (visite de vérification) Manner of Conducting a Verification of Origin 2 In addition to a verification visit, a verification of origin of goods may be conducted in any of the following manners: (a) [Repealed, SOR/2008-111, s. 3] Current to June 20, 2022 Last amended on April 10, 2008 CCRFTA Verification of Origin Regulations Manner of Conducting a Verification of Origin Sections 2-4 (b) by reviewing a verification questionnaire completed by (i) the exporter or producer of the goods, or (ii) a producer or supplier of a material; (c) by reviewing a written response received from a person referred to in paragraph (b) to a verification letter; and (d) by reviewing any other information received from a person referred to in paragraph (b). SOR/2008-111, s. 3. Prescribed Premises 3 The premises in Costa Rica of the following persons are prescribed premises for the purposes of a verification visit: (a) an exporter or a producer of goods; and (b) a producer or a supplier of a material. Conditions for Conducting a Verification Visit 4 (1) An officer may conduct a verification visit on condition that (a) the officer sends a written notice of the intention to conduct the verification visit to (i) the person whose premises are the subject of the verification visit, (ii) the customs administration of Costa Rica at least five working days before the person referred to in subparagraph (i) is notified, and (iii) if requested by the customs administration of Costa Rica, the Embassy of Costa Rica located in Canada; and (b) the person whose premises are the subject of the verification visit consents to the verification visit. (2) A notice referred to in paragraph (1)(a) shall specify (a) the identity of the customs administration of the officer sending the notice; Current to June 20, 2022 Last amended on April 10, 2008 CCRFTA Verification of Origin Regulations Conditions for Conducting a Verification Visit Sections 4-6 (b) the name of the person whose premises are the subject of the verification visit; (c) the date and place of the verification visit; (d) the object and scope of the verification visit, including a description of the goods or materials that are the subject of the verification of origin; (e) the name and title of the officer; and (f) the legal authority for the verification visit. Postponement of a Verification Visit 5 (1) When the customs administration of Costa Rica receives a notice referred to in paragraph 4(1)(a), it may postpone the verification visit by sending a written request to the officer who sent the notice within 15 days of receiving the notice. (2) A postponement of a proposed verification visit under subsection (1) shall be for a period not exceeding 60 days beginning on the date of receipt of the notice, or for a longer period, where the longer period is agreed to by the customs administration of Canada and the customs administration of Costa Rica. (3) When a person receives written notice pursuant to paragraph 4(1)(a), the person may, on a single occasion, and within 15 days of receipt of the written notice, request the postponement, in writing, of the verification visit for a period that does not exceed 60 days from the date of the receipt of the notice, or for such longer period that is agreed to by the customs administration of Canada. Observers 6 (1) Any person who receives a notice pursuant to subparagraph 4(1)(a)(i) may designate two observers to be present during the verification visit. (2) An observer designated under subsection (1) may not participate in the verification visit in a manner other than as an observer. (3) A person who designates an observer under subsection (1) shall identify that observer to the officer conducting the verification visit. SOR/2007-181, s. 1(F). Current to June 20, 2022 Last amended on April 10, 2008 CCRFTA Verification of Origin Regulations Generally Accepted Accounting Principles Sections 7-9 Generally Accepted Accounting Principles 7 If an officer determines, during the course of a verification of origin, that a producer of goods has failed to record costs in accordance with Generally Accepted Accounting Principles applied in the territory of Costa Rica, the officer shall send a written notice to the producer stating that the producer must record those costs in accordance with those principles within 60 days after receiving that written notice. Verification Letters and Verification Questionnaires 8 A verification letter or verification questionnaire shall (a) identify the customs administration of Canada and the name and title of the officer sending the verification letter or verification questionnaire; (b) describe the goods or materials that are the subject of the verification of origin; and (c) specify the period within which the verification letter must be answered or the verification questionnaire must be completed and returned, which period shall be not less than 30 days after the date on which the verification letter or the verification questionnaire was received. Extension of Completion of a Verification Letter or Verification Questionnaire 9 A person who receives a verification letter or verification questionnaire may, on a single occasion, make a written request, within 30 days of receipt of the verification letter or verification questionnaire, to the customs administration conducting the erification, asking for an extension to the period referred to in paragraph 8(c). The extension shall be granted for a further period of not more than 30 days. Current to June 20, 2022 Last amended on April 10, 2008 CCRFTA Verification of Origin Regulations Denial or Withdrawal of Preferential Tariff Treatment Under CCRFTA Sections 10-12 Denial or Withdrawal of Preferential Tariff Treatment Under CCRFTA 10 For the purposes of subsection 42.1(2) of the Act, preferential tariff treatment under the CCRFTA may be denied or withdrawn from the goods that are the subject of a verification of origin where the exporter or producer of the goods (a) does not consent to a verification visit within 30 days of receipt of a notice pursuant to paragraph 4(1)(a); (b) who is required to maintain records with respect to goods in accordance with the applicable laws of the country in which the verification of origin is conducted (i) fails to maintain those records in accordance with those laws, or (ii) denies the officer conducting the verification of origin access to those records; or (c) does not answer the verification letter or complete and return the verification questionnaire to the officer within the time period specified in paragraph 8(c) or, in the case of an extension, section 9. 11 (1) An officer shall send a written notice of the intent to re-determine the origin of goods under subsection 59(1) of the Act with any statement that is provided to an exporter or producer of goods pursuant to subsection 42.2(1) of the Act and that states that the goods that are the subject of a verification of origin are not eligible for preferential tariff treatment under the CCRFTA. (2) A notice referred to in subsection (1) shall include the date after which preferential tariff treatment under the CCRFTA, may be denied or withdrawn in respect of the goods that are the subject of the verification of origin and the period during which the exporter or producer of the goods may provide written comments or additional information regarding the origin of those goods. 12 A re-determination of the origin of goods shall not be made earlier than 10 days after the date on which the notice referred to in subsection 11(1) is received. Current to June 20, 2022 Last amended on April 10, 2008 CCRFTA Verification of Origin Regulations Methods of Sending Documents Sections 13-14 Methods of Sending Documents 13 A verification letter, a verification questionnaire, the notices referred to in paragraph 4(1)(a) and in sections 7 and 11 and the written request referred to in subsection 5(1) shall be sent by any method that produces confirmation of receipt. Coming into Force 14 These Regulations are deemed to have come into force on November 1, 2002. Current to June 20, 2022 Last amended on April 10, 2008
CONSOLIDATION Central Registry of Divorce Proceedings Fee Order SOR/86-547 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Prescribing the Fee To Be Paid by any Person to whom a Service is Provided under the Central Registry of Divorce Proceedings Regulations 1 Short Title Fee Current to June 20, 2022 ii Registration SOR/86-547 May 22, 1986 DIVORCE ACT Central Registry of Divorce Proceedings Fee Order The Minister of Justice, pursuant to Order in Council P.C. 1986-851 of April 10, 1986* made pursuant to subsection 27(1) of the Divorce Act, 1985**, hereby makes the annexed Order prescribing the fee to be paid by any person to whom a service is provided under the Central Registry of Divorce Proceedings Regulations, effective June 1, 1986. Ottawa, May 22, 1986 JOHN CROSBIE Minister of Justice * SI/86-55, 1986 Canada Gazette Part II, p. 1925 ** S.C. 1986, c. 4 Current to June 20, 2022 Order Prescribing the Fee To Be Paid by any Person to whom a Service is Provided under the Central Registry of Divorce Proceedings Regulations Short Title 1 This Order may be cited as the Central Registry of Divorce Proceedings Fee Order. Fee 2 (1) Subject to subsection (2), the fee to be paid by a person who files an application for divorce and in respect of whom a service is provided under section 5 of the Central Registry of Divorce Proceedings Regulations is $10 per application. (2) No fee shall be paid by a person who receives legal aid from a province in respect of the person’s application for divorce where, pursuant to the law of the province, payment by that person of the fees established by the province for filing an application for divorce is waived. SOR/86-614, s. 1; SOR/86-835, s. 1. Current to June 20, 2022
CONSOLIDATION CUKTCA Rules of Origin for Casual Goods Regulations SOR/2021-66 Current to June 20, 2022 Last amended on April 1, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 1, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 1, 2021 TABLE OF PROVISIONS CUKTCA Rules of Origin for Casual Goods Regulations 1 Definition of casual goods Conditions *3 Coming into force Current to June 20, 2022 Last amended on April 1, 2021 ii Registration SOR/2021-66 March 29, 2021 CUSTOMS TARIFF CUKTCA Rules Regulations P.C. 2021-237 of Origin for Casual Goods March 26, 2021 His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CUKTCA Rules of Origin for Casual Goods Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on April 1, 2021 CUKTCA Rules of Origin for Casual Goods Regulations Definition of casual goods 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Conditions 2 Casual goods that are acquired in a CUKTCA beneficiary are considered to originate in that country and are, for the purposes of paragraph 24(1)(b) of the Customs Tariff, entitled to the benefit of the United Kingdom Tariff, regardless of whether they would be entitled to it under the CUKTCA Tariff Preference Regulations, if (a) the marking of the goods is in accordance with the marking laws of a CUKTCA beneficiary and indicates that the goods are the product of a CUKTCA beneficiary or of Canada; or (b) the goods do not bear a mark and nothing indicates that the goods are neither the product of a CUKTCA beneficiary nor the product of Canada. Coming into force 3 These Regulations come into force on the day on which section 37 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2021, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force April 1, 2021, see SI/2021-14.] Current to June 20, 2022 Last amended on April 1, 2021
CONSOLIDATION Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) SOR/2000-294 Current to June 20, 2022 Last amended on May 1, 2008 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 1, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 1, 2008 TABLE OF PROVISIONS Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) 1 Interpretation Application Dispensation of Rules and Extension or Abridgement of Time Limits Filing of Documents Service of Documents Requests for Documents Stay of Proceedings Questions to Be Determined Conference Notice of Hearing Summons Expert Witness Interlocutory Motions Written Submissions Arguments Sittings Current to June 20, 2022 Last amended on May 1, 2008 ii Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) TABLE OF PROVISIONS Adjournment Withdrawal of Grievance Conflict of Interest Official Languages Availability of Documents Coming into Force SCHEDULE Current to June 20, 2022 Last amended on May 1, 2008 iv Registration SOR/2000-294 July 24, 2000 NATIONAL DEFENCE ACT Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) The Chairperson of the Canadian Forces Grievance Board, pursuant to paragraph 29.26(1)a of the National Defence Act, hereby makes the annexed Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing). July 24, 2000 a S.C. 1998, c. 35, s. 7 Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Interpretation 1 The definitions in this rule apply in these Rules. Act means the National Defence Act. (Loi) document means any information, regardless of its form, and includes any correspondence, note, book, plan, map, drawing, photograph, film, microfiche, tape, or computerized or sound recording, or any reproduction of this information. (document) grievance means a grievance that is referred to in section 29 of the Act. (grief) grievor means any officer or non-commissioned member who grieves under section 29 of the Act. (plaignant) hearing means a hearing to review a grievance. (audience) hearing process officer means any person who is appointed under subsection 29.19(1) of the Act or engaged under subsection 29.19(2) of the Act and who is authorized to act on behalf of the Registrar at a hearing. (agent d’audience) party means the Canadian Forces or the grievor. (partie) Registrar means any person who is appointed in accordance with subsection 29.19(1) of the Act and who is designated as Registrar by the Chairperson of the Grievance Board. (greffier) Application 2 These Rules apply to proceedings for the review of a grievance by way of a hearing. Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Dispensation of Rules and Extension or Abridgement of Time Limits Sections 3-7 Dispensation of Rules and Extension or Abridgement of Time Limits 3 The Grievance Board may dispense with any of these Rules in the interests of justice and where the circumstances and considerations of fairness require a dispensation so that the proceedings may be conducted as informally and expeditiously as possible. 4 (1) Any time limit that is set by the Grievance Board shall be determined in the interests of justice and to provide for as informal and expeditious a proceeding as possible, and the Grievance Board may, on its own initiative or on a motion, extend or abridge a time limit in which an act is to be done. (2) Where a time limit set out under these Rules falls on a Saturday or holiday, the time limit shall be extended to the next working day. 5 The Grievance Board shall inform the parties of any decision to dispense with any of these Rules or to extend or abridge a time limit. Filing of Documents 6 (1) Where a document is to be filed with the Grievance Board in accordance with these Rules or a direction of the Grievance Board, the document may be filed by handing it to the Grievance Board if the Grievance Board is in session or by sending it to the Registrar by hand delivery, registered mail or courier or by facsimile transmission or electronic mail, where the necessary facilities for receipt in that manner exist. (2) Subject to subrule (3), the day on which a document is filed is the day on which the document is received by the Grievance Board or any person authorized by the Grievance Board to receive the document. (3) A document that is received by the Grievance Board after five o’clock in the afternoon of a business day when the Grievance Board is not in session is deemed to be filed with the Grievance Board on the next business day. Service of Documents 7 A document may be served (a) by personal service, by registered mail or courier, with an acknowledgement of receipt, or by facsimile Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Service of Documents Sections 7-9 transmission or electronic mail if there are facilities for accepting service in that way; or (b) where service cannot be made in accordance with paragraph (a), by the publication at least twice within a period of seven days in a daily newspaper circulated in the place of the latest known residence of the person being served of a notice that sets out the contents of the document to be served and states that the document is filed with the Grievance Board. 8 Personal service may be effected (a) in the case of the Grievance Board, by leaving a copy of the document with a person who is authorized to accept service on behalf of the Grievance Board; (b) [Repealed, SOR/2008-137, s. 1] (c) in the case of any other person, by leaving a copy of the document with the person or with a duly authorized representative acting for the person or with another person who appears to be at least 16 years of age and who (i) resides or is employed at the residence of the person being served, or (ii) is employed at the principal office of the person being served as set out in any document filed during the proceedings. SOR/2008-137, s. 1. 9 (1) A document is served (a) in the case of personal service, on the day that the document is left with the person referred to in rule 8 who is authorized to accept service; (b) in the case of service by registered mail or courier, on the date that appears on the acknowledgement of service; (c) in the case of service by facsimile transmission or electronic mail, on the date that appears on the acknowledgement of transmission; and (d) in the case of service by daily newspaper as referred to in paragraph 7(b), on the day after the day on which the last notice was published in the newspaper. (2) Any document to be served on a person shall set out the name or official title of the person. (3) A person who serves a document on another person, other than the Grievance Board, shall, as proof of service, Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Service of Documents Sections 9-12 without delay file a declaration under oath or a solemn affirmation to that effect with the Grievance Board. SOR/2008-137, s. 2(E). Requests for Documents 10 (1) A party may, in writing, request another party to produce without delay any relevant document that is in the party’s possession or control. (2) The request shall be addressed and delivered to the party or, where the Grievance Board requires that the request be served, served within the period determined by the Board. It shall also be filed with the Board. (3) In the case of a request for information, each item of information that is requested shall be numbered consecutively. 11 (1) A party who receives a request shall (a) deliver a copy of the document to the other party and file a copy with the Grievance Board; and (b) in the case of a request for information, provide a full and adequate reply on a separate page for each item of the request. (2) A party who does not comply with subrule (1) shall, within a period that the Grievance Board establishes, (a) set out the grounds for non-compliance; (b) produce a statement that describes any other document that would be of assistance to the party who made the request; and (c) deliver a copy of the grounds and, if applicable, the statement to the other party and file a copy with the Grievance Board. (3) A party who has made a request and who has not received the document or a full and adequate reply may, by motion, request the Grievance Board to order the production of the document. 12 (1) Where a party does not comply with subrule 11(1) or (2), the party may not put the document in evidence at a hearing unless the Grievance Board determines that, in the interests of justice and to provide for as informal and expeditious a hearing as possible, those subrules need not be complied with. (2) Where a party does not comply with subrule 11(1) or (2), the party who made the request for the document may introduce secondary evidence of the content of the Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Requests for Documents Sections 12-15 document where authorized to do so by the Grievance Board in the interests of justice and to provide for as informal and expeditious a hearing as possible. Stay of Proceedings 13 Where a party has not complied with these Rules or any direction of the Grievance Board, the Grievance Board may stay the proceedings until the Rules or direction have been complied with or take such other steps as the Grievance Board considers fair and reasonable. Questions to Be Determined 14 (1) A question of jurisdiction or procedure may be determined at any time during the proceedings and the Grievance Board may decide not to continue with the proceedings until after the question is determined. (2) At any stage of the proceedings, the Grievance Board may, in accordance with the Federal Courts Act, refer any question of law, jurisdiction or procedure to the Federal Court for a hearing and determination and the Grievance Board may, pending the final determination of the question, order the whole or part of the proceedings to be stayed. SOR/2008-137, s. 3. Conference 15 The Grievance Board may, by any means that allows the parties or their representatives to communicate with each other, hold a conference for the purpose of considering any of the following: (a) the clarification and simplification of contentious issues; (b) the admission of particular facts or of information; (c) the procedure to be followed in connection with requests for documents; (d) the procedure to be followed at the hearing; (e) the exchange of documents among parties; and (f) any other matter that may aid in the clarification and simplification of the evidence and the preparation of the findings and recommendations of the Grievance Board. Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Conference Sections 16-19 16 (1) The member of the Grievance Board who presides at the conference shall keep minutes of it and record in them any agreement that is reached. (2) The Grievance Board may decide an issue in respect of which an agreement has not been reached at the conference so that the hearing may be conducted as informally and expeditiously as possible. (3) The Grievance Board shall have a copy of the minutes and any decision that it makes after the conference delivered to the parties. (4) Agreements reached and decisions made by the Grievance Board shall be applied at the hearing. Notice of Hearing 17 A notice of a hearing shall be served at least 10 days before the day fixed for the hearing. Summons 18 (1) A summons to require the attendance of a witness and to require the witness to produce documents under the witness’s control that are relevant to the review of the grievance shall be in the form set out in the schedule. (2) A party may require the attendance of a witness (a) by completing a summons that is then signed by the Grievance Board; or (b) by forwarding the name and address of the proposed witness to the Registrar at least seven days before the witness is required to appear and by requesting the Grievance Board to complete and sign the summons. (3) The summons shall be issued by the Grievance Board and sealed with the Grievance Board’s seal. It shall then be served by the party or, on the request of the party, by the Grievance Board. 19 A person who has been summoned may, before appearing as a witness or at any other time, by motion request payment of the fees and allowances that are payable to a witness summoned before the Federal Court. Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Expert Witness Sections 20-23 Expert Witness 20 A party who wishes to have an expert witness testify at a hearing shall, at least 20 days before the testimony, (a) deliver to the other party a copy of the report of the expert witness or, in the absence of a report, a written summary of the testimony of the expert witness together with the name, address and qualifications of the witness; and (b) file with the Grievance Board or the Registrar a copy of the report or summary. SOR/2008-137, s. 4(E). Interlocutory Motions 21 (1) A party may bring a motion before the Grievance Board, in writing or orally, in respect of any question that arises during the proceedings. (2) A motion shall clearly and concisely state the facts, the order sought and the grounds for it. (3) A written motion shall be filed with the Registrar, or during the hearing, with the hearing process officer and shall be served on the other party to the proceedings. (4) The Grievance Board may dispose of a motion orally or in writing. Written Submissions 22 (1) The Grievance Board may permit the parties to file written submissions for the purpose of clarifying a question. (2) On receiving the submissions from a party, the Grievance Board shall provide a copy of them to the other party. (3) The other party may, within 14 days after receiving the submissions, file a written response to them with the Grievance Board. (4) [Repealed, SOR/2008-137, s. 5] SOR/2008-137, s. 5. Arguments 23 The Grievance Board may direct a party to file a written argument in addition to any oral argument. Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Sittings Sections 24-28 Sittings 24 A hearing, once begun, shall proceed from day to day, including evenings and Saturdays, if the Grievance Board determines that those sittings are necessary in order to provide for as informal and expeditious a hearing as possible. Adjournment 25 The Grievance Board may adjourn any hearing for such time or to such date and to such place and on such terms as the Grievance Board considers advisable in order to provide for as informal and expeditious a hearing as possible. Withdrawal of Grievance 26 At any time during the proceedings a grievor may withdraw a grievance, either orally before the Grievance Board or by written notice addressed to the Grievance Board. Conflict of Interest 27 (1) A Grievance Board member shall without delay notify the Chairperson, orally or in writing, of any real or potential conflict of interest, including where the member, apart from any functions as a member, has or had any personal, financial or professional association with the grievor. (2) Where the Chairperson determines that the Grievance Board member has a real or potential conflict of interest, the Chairperson shall request the member to withdraw without delay from the proceedings, unless the parties agree to be heard by the member and the Chairperson permits the member to continue to participate in the proceedings because the conflict will not interfere with a fair hearing of the matter. SOR/2008-137, s. 6. Official Languages 28 At a hearing before the Grievance Board, a party is entitled to make representations, present evidence and examine and cross-examine witnesses in either official language. Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) Availability of Documents Sections 29-30 Availability of Documents 29 During normal business hours of the Grievance Board, documents filed in the course of the proceedings shall be made available to the parties, who may make copies of them. Coming into Force 30 These Rules come into force on the day on which they are registered. Current to June 20, 2022 Last amended on May 1, 2008 Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) SCHEDULE SCHEDULE FORM (Rule 18) Summons to a Witness Before the Canadian Forces Grievance Board FILE NUMBER: STYLE OF CAUSE: NAME OF WITNESS: ADDRESS: You are hereby summoned and required to attend before the Canadian Forces Grievance Board a hearing to be held at in the City of , the day of 20 , at the hour of o’clock in the noon, and so from day to day until the hearing is concluded or the Board otherwise orders, to give evidence on oath in respect of the hearing and to bring with you and produce at such time and place such records under your control as are relevant to the review of the grievance, including: Dated at this day of , 20 Presiding member Canadian Forces Grievance Board NOTE: You may request payment of the fees and allowances for your attendance at the hearing as are paid for the attendance of a witness summoned to attend before the Federal Court. If you fail to attend and give evidence at the hearing, or to produce the records specified at the time and place specified, without lawful excuse, you are liable to a fine of not more than five hundred dollars and to imprisonment of six months or to both. (National Defence Act, R.S., c. N-5 s. 302, as amended S.C. 1998, c. 35, s. 90) Current to June 20, 2022 Last amended on May 1, 2008
CONSOLIDATION Canadian Artists And Producers Professional Relations Tribunal Procedural Regulations [Repealed, SOR/2014-176, s. 44] Current to June 20, 2022 Last amended on July 8, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 8, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 8, 2014 TABLE OF PROVISIONS Canadian Artists And Producers Professional Relations Tribunal Procedural Regulations Current to June 20, 2022 Last amended on July 8, 2014 ii
CONSOLIDATION Canadian Aviation Regulations SOR/96-433 Current to June 20, 2022 Last amended on March 6, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 6, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 6, 2022 TABLE OF PROVISIONS Regulations Respecting Aviation and Activities Relating to Aeronautics 100.01 PART I General Provisions 100.01 Short Title 101.01 Subpart 1 — Interpretation 101.01 Interpretation 102.01 Subpart 2 — Application 102.01 Application 103.01 Subpart 3 — Administration and Compliance 103.01 Division I[Repealed, SOR/2019-119, s. 2] 103.01 Division I[Repealed, SOR/2019-119, s. 2] 103.02 Division II — Compliance 103.02 Inspection of Aircraft, Requests for Production of Documents and Prohibitions 103.03 Return of Canadian Aviation Documents 103.04 Record Keeping 103.06 Division III — Canadian Aviation Documents 103.06 Notices of Refusal to Issue, Amend or Renew and Notices of Suspension or Cancellation 103.07 Administrative Grounds for Suspension, Cancellation or Refusal to Renew 103.08 Division IV — Designated Provisions 103.08 Designated Provisions 103.09 Division V — Preservation and Return of Evidence or Aircraft 103.09 Preservation and Return of Evidence 103.10 Preservation and Return of Aircraft 103.11 Interpretation Current to June 20, 2022 Last amended on March 6, 2022 ii Canadian Aviation Regulations TABLE OF PROVISIONS 103.12 Division VI — Definition of Principal 103.12 Definition of Principal SCHEDULE I SCHEDULE II 104.01 Subpart 4 — Charges 104.01 General 104.03 Aeronautical Product Approvals 104.04 Processing of Applications outside Canada 104.05 Payment 104.07 Transitional Provisions SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV SCHEDULE V SCHEDULE VI SCHEDULE VII 105.01 Subpart 5 — Aerial Sightseeing Flights 106.01 Subpart 6 — Accountable Executive 106.01 Application 106.02 Appointment and Acceptance 106.03 Accountability 106.04 More Than One Certificate Current to June 20, 2022 Last amended on March 6, 2022 iv Canadian Aviation Regulations TABLE OF PROVISIONS 107.01 Subpart 7 – Safety Management System Requirements 107.01 Application 107.02 Establishing a Safety Management System 107.03 Safety Management System 107.04 Size 109.01 Subpart 8 — [Reserved] 109.01 Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention 109.01 Canada as the State of the Operator 109.02 Canada as the State of Registry 109.03 Surrender of Certificate of Airworthiness 109.04 Reinstatement of the Certificate of Airworthiness 109.05 Notice of Termination of Agreement 109.06 Third Party Operation in Canada 109.07 Conflicting Provisions 200.01 Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner 200.01 Interpretation 200.02 Application 201.01 Subpart 1 — Identification of Aircraft and Other Aeronautical Products 201.01 Aircraft Identification Plates 201.02 Modifications 201.03 Removal, Replacement and Attachment of, and Alteration of Information on, Aircraft Identification Plates Current to June 20, 2022 Last amended on March 6, 2022 v Canadian Aviation Regulations TABLE OF PROVISIONS 201.04 Loss or Theft of or Damage to an Aircraft Identification Plate 201.05 Identification of Engines, Propellers, Lifelimited Components, Appliances, Parts, Balloon Baskets and Burner Assemblies 201.06 Engine Identification 201.07 Propeller Identification 201.08 Information Relating to Aircraft Engines and Propellers 201.09 Life-limited Component Identification 201.10 Appliance and Part Identification 201.11 Balloon Basket and Burner Assembly Identification 201.12 Removal and Replacement of Identification Plates and Alteration of Identification Information on Aeronautical Products Other Than Aircraft 202.01 Subpart 2 — Aircraft Marking and Registration 202.01 Division I — Aircraft Marks 202.01 Requirements for Marks on Aircraft 202.02 Application for Issuance or Reservation of a Registration Mark 202.03 Aircraft Marks 202.04 Removal or Change of Marks after Issuance of Continuing Registration 202.05 Variance from the Specifications for Marks for Former Military Aircraft and Replicas 202.06 Alternative Mark Size or Location 202.07 Use of Marks Assigned to a Manufacturer 202.13 Division II — Aircraft Registration 202.13 Registration of Aircraft — General 202.14 Aircraft Manufacturers 202.15 Qualifications to Be Registered Owner of a Canadian Aircraft Current to June 20, 2022 Last amended on March 6, 2022 v Canadian Aviation Regulations TABLE OF PROVISIONS 202.16 Registration Requirements 202.17 Types of Registration 202.18 Identity for Registration Purposes — Aircraft 202.19 Identity for Registration Purposes — Balloons 202.25 Division III — Certificates of Registration 202.25 Issuance of a Certificate of Registration 202.26 Carrying Certificate of Registration on Board the Aircraft 202.27 Certificate of Registration Lost or Destroyed 202.28 Amendment or Replacement of Certificate of Registration 202.35 Division IV — Transfer of Legal Custody and Control 202.35 General 202.36 Interim Registration 202.37 Provisional Registration of an Aircraft 202.38 Exporting an Aircraft 202.42 Division V — Operation of Foreign Aircraft 202.42 Period of Time Present in Canada 202.43 Aircraft Registered in a Foreign State 202.46 Division VI — Aircraft Information 202.46 Location of an Aircraft 202.51 Division VII — Registered Owners 202.51 Change of Name or Address 202.52 Loss of Qualification to Be Registered Owner 202.57 Division VIII — Cancellation of Certificate of Registration 202.57 Conditions Where Certificate of Registration Is Cancelled 202.58 Notification Regarding Destroyed or Missing Aircraft 202.59 Ultra-light Aeroplanes 202.60 Misrepresentation or Fraudulent Documentation 202.61 Removal of Marks 202.62 Notification That Marks Are Removed Current to June 20, 2022 Last amended on March 6, 2022 vi Canadian Aviation Regulations TABLE OF PROVISIONS 202.63 Removal of Name and Address from the Canadian Civil Aircraft Register 202.64 Removal of Aircraft Particulars from the Canadian Civil Aircraft Register 202.69 Division IX — Canadian Civil Aircraft Register 202.69 Publication of Register 202.73 Division X — Notice to Owners 202.73 Two or More Persons As Owners 203.01 Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner 203.01 Interpretation 203.02 Application 203.03 Leasing Operations — General 203.04 Leasing Operations — International 203.05 Registration of Leased Aircraft 203.06 Forwarding of Airworthiness Directives 203.07 Maximum Number of Leased Aircraft 203.08 Limits on Period of Operation under Authorization 203.09 Submission of Signed Lease 300.01 Part III — Aerodromes, Airports and Heliports 300.01 Interpretation 301.01 Subpart 1 — Aerodromes 301.01 Application 301.02 Inspection 301.03 Registration 301.04 Markers and Markings 301.05 Warning Notices 301.06 Wind Direction Indicator 301.07 Lighting Current to June 20, 2022 Last amended on March 6, 2022 vi Canadian Aviation Regulations TABLE OF PROVISIONS 301.08 Prohibitions 301.09 Fire Prevention SCHEDULE I SCHEDULE II 302.01 Subpart 2 — Airports 302.01 Division I — General 302.01 Application 302.02 Application for Airport Certificate 302.03 Issuance of Airport Certificate 302.04 Transfer of Airport Certificate 302.05 Interim Airport Certificate 302.06 Amendment and Cancellation of Airport Certificate 302.07 Obligations of Operator 302.08 Airport Operations Manual 302.09 Warning Notices 302.10 Prohibitions 302.11 Fire Prevention 302.201 Division II — Airport Emergency Planning 302.201 Interpretation 302.202 Airport Emergency Plan 302.202 General 302.203 Content 302.204 On-scene Controller 302.206 Aircraft Crash Charts and Airport Grid Maps 302.207 Personnel and Training 302.208 Testing of the Emergency Plan 302.209 Authorization 302.301 Division III — Airport Wildlife Planning and Management 302.301 Interpretation 302.302 Application Current to June 20, 2022 Last amended on March 6, 2022 ix Canadian Aviation Regulations TABLE OF PROVISIONS 302.303 Wildlife Strikes 302.304 Risk Analysis 302.305 Airport Wildlife Management Plan 302.305 General 302.306 Content 302.307 Training 302.308 Communication and Alerting Procedure 302.401 Division IV — Airport Winter Maintenance 302.401 Interpretation 302.402 Application 302.403 Notification 302.406 Winter Maintenance Measures 302.407 Ice Control Chemicals and Sand 302.410 Airport Winter Maintenance Plan 302.411 Content 302.412 Removal of Contaminants from Priority Areas 302.413 Snow Accumulation on or Adjacent to Threshold Areas 302.414 Snow Accumulation Adjacent to Runways or Taxiways 302.415 Ice Control Chemicals and Sand 302.416 Friction Measurement 302.417 Movement Area Inspections and Reports 302.418 Training 302.419 Training Records 302.500 Division V — Safety Management System 302.500 Application 302.501 Requirements 302.502 Components of the Safety Management System 302.503 Quality Assurance Program 302.504 Duties of the Certificate Holder 302.505 Person Managing the Safety Management System Current to June 20, 2022 Last amended on March 6, 2022 x Canadian Aviation Regulations TABLE OF PROVISIONS 302.600 Division VI — Runway End Safety Area (RESA) 302.600 RESA — Obligations of Operator 302.601 RESA — Obligations of Operator of a Listed Airport 302.602 RESA — Requirements 302.603 Notice to Minister 302.604 Ministerial Order 303.01 Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes 303.01 Division I — General 303.01 Interpretation 303.02 Application 303.03 General Requirements 303.04 Hours of Operation of an Aircraft Fire-fighting Service 303.05 Aircraft Category for Fire Fighting 303.06 Statistics on the Number of Passengers and Aircraft Movements 303.07 Critical Category for Fire Fighting 303.08 Division II — Extinguishing Agents and Aircraft Fire-Fighting Vehicles 303.08 Extinguishing Agents and Equipment 303.09 Extinguishing Agent and Aircraft Fire-fighting Vehicle Requirements 303.10 Temporary Exemption 303.11 Authorization Respecting Reduced Requirements 303.12 Adjustment to Higher Requirements 303.13 Division III — Personnel Requirements 303.13 Minimum Personnel 303.14 Training of Personnel 303.15 Equipment and Protective Clothing 303.16 Firefighter Qualifications 303.17 Division IV — Response Readiness 303.17 Personnel Readiness Current to June 20, 2022 Last amended on March 6, 2022 x Canadian Aviation Regulations TABLE OF PROVISIONS 303.18 Response Test 303.19 Division V — Communication and Alerting System 303.19 Requirement 303.20 Transitional Provisions SCHEDULE 305.01 Subpart 4 – [Reserved] 305.01 Subpart 5 – Heliports 305.01 Division I — General 305.01 Interpretation 305.02 Application 305.03 Requirement to Hold a Heliport Certificate 305.04 Eligibility to Hold a Heliport Certificate 305.05 Management Agreement 305.08 Division II — Certification 305.08 Application and Issuance of a Heliport Certificate 305.09 Contents of a Heliport Certificate 305.10 General Conditions of a Heliport Certificate 305.11 Transfer of a Heliport Certificate 305.12 Interim Heliport Certificate 305.17 Division III — Operator of a Heliport 305.17 Obligations of an Operator 305.18 Heliport Operations Manual 305.19 Division IV — General Certification Requirements 305.19 Heliport Classification 305.20 Operational Limits 305.21 Units of Measurement 305.25 Division V — Physical Characteristics 305.29 Division VI — Obstacle Limitation Surfaces 305.31 Division VII — Visual Aids for Air Navigation Current to June 20, 2022 Last amended on March 6, 2022 xi Canadian Aviation Regulations TABLE OF PROVISIONS 305.33 Division VIII — Lights 305.35 Division IX — Markers 305.37 Division X — Visual Aids for Denoting Obstacles 305.37 Requirements for Marking or Lighting Obstacles 305.38 Marking Obstacles 305.39 Lighting Obstacles 305.41 Division XI — Visual Aids for Denoting Restricted Use Areas 305.43 Division XII — Equipment and Installations 305.45 Division XIII — Emergency and Other Services 305.45 Emergency Response Plan 305.46 Fire Protection Services 305.47 Extinguishing Agents and Equipment 305.48 Safety Personnel for Rooftop Heliport 305.49 Training for Safety Personnel 305.53 Division XIV — Heliport Operations Manual 305.53 General 305.54 Heliport Data 305.55 Administration 307.01 Subpart 6 – [Reserved] 307.01 Subpart 7 — Aerodromes — Consultations 307.01 Interpretation 307.02 Application 307.03 Requirement — Consultations 307.04 Interested Parties 307.05 Notice and Sign 307.06 Content of Notice and Sign 307.07 Summary Report 307.08 Communication of Summary Report Current to June 20, 2022 Last amended on March 6, 2022 xi Canadian Aviation Regulations TABLE OF PROVISIONS 307.09 Availability of Summary Report 307.10 Start of Aerodrome Work 308.01 SUBPART 8 [Repealed, SOR/2006-86, s. 9] 400.01 Part IV — Personnel Licensing and Training 400.01 Division I — General 400.01 Interpretation 400.01.1 Exception — Remotely Piloted Aircraft Systems 400.02 Division II — Examinations 400.02 Examination Rules 400.03 Time Limits 400.04 Rewriting of Examinations 400.05 Division III — Flight Training Service 400.05 Authorization to Operate Flight Training Service Under CUSMA 400.06 Division IV — [Reserved] 400.07 Division V — Change of Information 400.07 Change of Address 401.01 Subpart 1 — Flight Crew Permits, Licences and Ratings 401.01 Division I — General 401.01 Interpretation 401.03 Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate 401.04 Flight Crew Members of Aircraft Registered in Contracting States Other Than Canada 401.05 Recency Requirements Current to June 20, 2022 Last amended on March 6, 2022 xi Canadian Aviation Regulations TABLE OF PROVISIONS 401.06 Issuance and Endorsement of Flight Crew Permits, Licences and Ratings 401.07 Validation of Foreign Licences 401.08 Personal Logs 401.09 Credits towards Requirements for a Flight Crew Permit, Licence or Rating 401.11 Airline Transport Licence — Training Program and Recording of Time 401.12 Validity of Flight Crew Permits and Licences 401.13 Division II — Testing 401.13 Examination Prerequisites 401.14 Flight Test Prerequisites 401.15 Conduct of a Flight Test 401.16 Failure of a Flight Test 401.17 Failure of a Flight Test for a Rating Renewal 401.18 Examiner’s Endorsement of Personal Log — Gliders and Balloons 401.19 Division III — Student Pilot Permits 401.19 Privileges 401.20 Division IV — Pilot Permits 401.20 Gyroplanes — Privileges 401.21 Ultra-light Aeroplanes — Privileges 401.22 Recreational — Aeroplanes — Privileges 401.23 Recreational — Helicopters — Privileges 401.24 Division V — Pilot Licence 401.24 Gliders — Privileges 401.25 Balloons — Privileges 401.26 Division VI — Private Pilot Licence 401.26 Aeroplanes — Privileges 401.27 Helicopters — Privileges 401.28 Aeroplanes and Helicopters — Reimbursement of Costs Incurred in respect of a Flight 401.30 Division VII — Commercial Pilot Licence Current to June 20, 2022 Last amended on March 6, 2022 xv Canadian Aviation Regulations TABLE OF PROVISIONS 401.30 Aeroplanes — Privileges and Requirements 401.31 Helicopters — Privileges and Requirements 401.32 Division VII.1 — Multi-crew Pilot Licence 401.32 Aeroplanes — Privileges 401.34 Division VIII — Airline Transport Pilot Licence 401.34 Aeroplanes — Privileges 401.35 Helicopters — Privileges 401.37 Division IX — Flight Engineer Licence 401.37 Privileges 401.38 Division X — Aeroplane Class Ratings 401.38 Rating 401.39 Privileges 401.40 Division XI — Aircraft Type Ratings 401.40 Blanket and Individual Type Ratings 401.41 Privileges 401.42 Division XII — Night Rating 401.42 Rating 401.43 Privileges 401.44 Division XIII — VFR Over-the-Top Rating 401.44 Rating 401.45 Privileges 401.46 Division XIV — Instrument Rating 401.46 Rating 401.47 Privileges 401.52 Division XV — Second Officer Rating 401.52 Rating 401.53 Privileges 401.55 Division XVI — Passenger-Carrying Rating — Ultra-Light Aeroplane 401.55 Rating Current to June 20, 2022 Last amended on March 6, 2022 xv Canadian Aviation Regulations TABLE OF PROVISIONS 401.56 Privileges 401.61 Division XVII — Flight Instructor Ratings — Aeroplane and Helicopter 401.61 Rating 401.62 Class 4 Supervision Requirement 401.63 Class 1 or 2 — Supervision of the Holder of a Class 4 Flight Instructor Rating — Aeroplane and Helicopter 401.64 Class 4 — Record Keeping 401.65 Period of Validity 401.66 Renewal of Flight Instructor Rating 401.67 Flight Test Records 401.69 Division XVIII — Flight Instructor Rating — Aeroplane 401.69 Class 4 — Privileges 401.70 Class 3 — Privileges 401.71 Class 2 — Privileges 401.72 Class 1 — Privileges 401.77 Division XIX — Flight Instructor Rating — Helicopter 401.77 Class 4 — Privileges 401.78 Class 3 — Privileges 401.79 Class 2 — Privileges 401.80 Class 1 — Privileges 401.81 Division XX — Flight Instructor Ratings — Glider, Balloon and Gyroplane 401.81 Rating 401.82 Gliders — Privileges 401.83 Balloons — Privileges 401.84 Gyroplanes — Privileges 401.85 Period of Validity 401.86 Renewal of Flight Instructor Ratings — Glider, Balloon and Gyroplane 401.87 Division XXI — Flight Instructor Rating — Ultra-Light Aeroplane 401.87 Rating Current to June 20, 2022 Last amended on March 6, 2022 xv Canadian Aviation Regulations TABLE OF PROVISIONS 401.88 Privileges 401.89 Period of Validity 401.90 Renewal of Flight Instructor Rating — Ultra-light Aeroplane 401.91 Division XXII — Flight Instructor Rating — Aeroplane — Aerobatic 401.91 Rating 401.92 Class 2 Rating — Privileges 401.93 Class 1 Rating — Privileges 401.94 Division XXIII — Flight Instructor Rating — Glider — Aerobatic 401.94 Rating 401.95 Privileges 402.01 Subpart 2 — Air Traffic Controller Licences and Ratings 402.01 Division I — General 402.01 Interpretation 402.02 Application 402.03 Issuance and Endorsement of Air Traffic Controller Licences and Ratings 402.04 Prohibitions 402.05 Recency Requirements 402.06 Provisional Licences and Ratings 402.07 Privileges 402.08 Validity of Air Traffic Controller Licences 402.09 Language Proficiency Evaluations 402.16 Division II — Training Records 402.16 Training Records 403.01 Subpart 3 — Aircraft Maintenance Engineer Licences and Ratings 403.01 Division I — General 403.01 Application 403.02 Requirement to Hold AME Licence 403.03 Issuance and Endorsement of AME Licence Current to June 20, 2022 Last amended on March 6, 2022 xv Canadian Aviation Regulations TABLE OF PROVISIONS 403.04 Validity Period of AME Licence 403.05 Recency Requirements 403.08 Division II — Approved Training Organizations 403.08 Approved Training Organizations 404.01 Subpart 4 — Medical Requirements 404.01 Division I — General 404.01 Interpretation 404.02 Application 404.03 Division II — Medical Certificate 404.03 Requirement to Hold a Medical Certificate 404.04 Issuance, Renewal, Validity Period and Extension of a Medical Certificate 404.05 Medical Standards Flexibility — Limitations and Restrictions 404.06 Prohibition Regarding Exercise of Privileges 404.10 Division III — Medical Certificate Requirements 404.10 Medical Certificate Requirements for Personnel Licences 404.11 Division IV — Medical Fitness 404.11 Minister’s Assessment 404.12 Reconsideration of Assessment 404.16 Division V — Medical Examiners 404.16 Authority to Conduct Medical Examinations 404.17 Responsibilities of Medical Examiner 404.18 Examination for Renewal of a Medical Certificate or for Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating 405.01 Subpart 5 — Flight Training 405.01 Division I — General 405.01 Interpretation 405.02 Application 405.11 Division II — Flight Training Program Current to June 20, 2022 Last amended on March 6, 2022 xi Canadian Aviation Regulations TABLE OF PROVISIONS 405.11 Flight Training Program 405.12 Flight Training Program Approval 405.13 Flight Training Program Outline 405.14 Flight Training Program Requirements 405.21 Division III — Personnel and Aircraft 405.21 Qualifications of Flight Instructors 405.22 Aircraft Familiarization 405.23 Training Aircraft Requirements 405.24 Flight Training at Aerodrome 405.31 Division IV — Flight Training Operations 405.31 Training Flight Briefings 405.32 Authorization of Training Flight 405.33 Pilot Training Record 406.01 Subpart 6 — Flight Training Units 406.01 Division I — General 406.01 Interpretation 406.02 Application 406.03 Requirement to Hold a Flight Training Unit Operator Certificate 406.04 Eligibility to Hold a Flight Training Unit Operator Certificate 406.05 Notification Requirement 406.11 Division II — Certification 406.11 Issuance or Amendment of a Flight Training Unit Operator Certificate 406.12 Contents of a Flight Training Unit Operator Certificate 406.13 General Conditions of a Flight Training Unit Operator Certificate 406.14 Quality Assurance Program — Integrated Course 406.19 Division III — Personnel 406.19 Duties of Certificate Holder in Respect of Maintenance 406.21 Appointment of Chief Flight Instructor Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 406.22 Requirements for Chief Flight Instructor 406.22.1 Requirements for Assistant Chief Flight Instructor 406.22.2 Appointment of Check Instructor 406.22.3 Requirements for Check Instructor 406.23 Appointment of Flight Instructors 406.24 Requirements for Ground Instructors 406.25 Operational Personnel Records 406.26 Aircraft Familiarization 406.31 Division IV — Aircraft 406.31 Aircraft Registration Requirements 406.32 Aircraft Flight Authority 406.33 Safety Belt and Shoulder Harness Requirements 406.34 Checklists 406.35 Maintenance Control System 406.36 Person Responsible for Maintenance Control System 406.37 Maintenance Personnel and Facilities 406.38 Maintenance Control Manual 406.39 Maintenance Arrangements 406.40 Technical Dispatch Procedures 406.41 Defect Rectification and Control Procedures 406.42 Service Difficulty Reporting 406.43 Elementary Work 406.44 Servicing 406.45 Training Program 406.46 Maintenance Personnel Records 406.47 Quality Assurance Program 406.50 Division V — Flight Training Operations 406.50 Operational Control System 406.51 Aircraft Operations Requirements 406.52 Facilities at Base of Operations 406.53 Dispatch of Aircraft Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 406.54 Aircraft Operating over Water 406.55 Solo Cross-country Routes 406.56 Daily Flight Record 406.57 Journey Log Entries 406.58 Flight Training at a Satellite Base 406.61 Division VI — Manuals and Course Certificates 406.61 Flight Training Operations Manual 406.62 Training Manual 406.63 Certificate of Enrolment 406.64 Course Completion Certificate 406.71 Division VII — Training 406.71 Operational Personnel Training Program 406.75 Division VIII — Integrated Course 406.75 Requirements 406.76 Prerequisite 406.77 Transfer 408.01 Subpart 7 — [Reserved] 408.01 Subpart 8 — Conduct of Flight Tests 408.01 Interpretation 408.02 Application 408.11 Record of Flight Test 408.12 Prerequisite for Flight Test 408.13 Aircraft and Equipment Required for a Flight Test 408.14 Flight Test 408.15 Conduct of a Flight Test 408.17 Incomplete Flight Test 408.18 Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards 408.19 Failure of a Flight Test — Schedules 9 to 18 to Flight Testing Standards Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 500.01 Part V — Airworthiness 500.01 Interpretation 501.01 Subpart 1 — Annual Airworthiness Information Report 501.01 Requirement to Report 501.02 Information to Be Reported 501.03 Reporting Schedule 507.01 Subpart 7 — Flight Authority and Certificate of Noise Compliance 507.01 Application 507.02 Certificate of Airworthiness 507.03 Special Certificate of Airworthiness 507.04 Flight Permit 507.05 Validation of Foreign Flight Authority 507.06 Application for Flight Authority 507.07 Flight Authority for an Imported Aircraft 507.08 Issuance of Additional Flight Authority 507.09 Operating Conditions 507.10 Persons Who May Attest to Condition and Conformity 507.11 Duration of a Flight Authority 507.12 Alteration of Document 507.13 Replacing a Lost or Destroyed Flight Authority 507.20 Certificate of Noise Compliance 507.21 Application for a Certificate of Noise Compliance 507.22 Suspension of a Certificate of Noise Compliance 507.23 Validation of a Foreign Certificate of Noise Compliance 509.01 Subpart 9 — Export Airworthiness Certificates Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 509.01 Application 509.02 Application for an Export Airworthiness Certificate 509.03 Authority for Export 509.04 Persons Who May Attest to Condition and Conformity 509.05 Responsibilities of the Exporter 511.01 SUBPART 11 [Repealed, SOR/2009-280, s. 26] 513.01 SUBPART 13 [Repealed, SOR/2009-280, s. 26] 516.01 SUBPART 16 [Repealed, SOR/2009-280, s. 26] 521.01 Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product 521.01 Division I — General 521.01 Interpretation 521.02 Application 521.03 Appliances and Parts 521.25 Division II — Type Certificates 521.25 Application 521.26 Eligibility Requirements 521.27 Aircraft Categories 521.28 Application for a Type Certificate 521.29 Effective Period of an Application 521.30 Certification Basis 521.31 Standards of Airworthiness 521.32 Aircraft Emissions Standards 521.33 Conformity with Certification Basis 521.44 Inspections and Tests 521.45 Test Flights 521.46 Test Flight Operations 521.47 Function and Reliability Test Flights Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 521.57 Issuance of a Type Certificate 521.58 Change to the Type Design Approved in a Type Certificate 521.101 Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals 521.101 Application 521.102 Eligibility Requirements 521.103 Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval 521.104 Effective Period of an Application 521.105 Certification Basis 521.106 Standards of Airworthiness 521.107 Conformity with Certification Basis 521.108 Inspections and Tests 521.109 Issuance of a Canadian Technical Standard Order (CAN-TSO) Design Approval 521.110 Change to a Type Design Approved in a Canadian Technical Standard Order (CAN-TSO) Design Approval 521.151 Division IV — Changes to a Type Design 521.151 Application 521.152 Change to a Type Design 521.153 Change to a Type Design Requiring a New Type Certificate 521.154 Change Other than a Change to the Type Design 521.155 Application for Approval of a Change to the Type Design 521.156 Effective Period of an Application 521.157 Certification Basis 521.158 Standards of Airworthiness 521.159 Aircraft Emissions Standards 521.160 Conformity with Certification Basis 521.161 Issuance of Approval of a Change to the Type Design Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 521.201 Division V — Supplemental Type Certificates 521.201 Application 521.202 Eligibility Requirements 521.203 Application for a Supplemental Type Certificate 521.204 Certification Basis 521.205 Conformity with Certification Basis 521.206 Issuance of a Supplemental Type Certificate 521.207 Change to a Type Design Approved in a Supplemental Type Certificate 521.251 Division VI — Repair Design Approvals 521.251 Application 521.252 Eligibility Requirements 521.253 Application for a Repair Design Approval 521.254 Certification Basis 521.255 Conformity with Certification Basis 521.256 Issuance of a Repair Design Approval 521.257 Change to a Repair Design Approved in a Repair Design Approval 521.301 Division VII — Part Design Approvals 521.301 Application 521.302 Eligibility Requirements 521.303 Application for a Part Design Approval 521.304 Certification Basis 521.305 Conformity with Certification Basis 521.306 Issuance of a Part Design Approval 521.307 Change to a Part Design Approved in a Part Design Approval 521.351 Division VIII — Responsibilities of a Design Approval Document Holder 521.351 Application Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 521.352 Technical Capability 521.353 Service Difficulty Reporting 521.354 Establishing a Service Difficulty Reporting System 521.355 Investigation of Service Difficulty Reports 521.356 Mandatory Changes 521.357 Transfer 521.365 Record Keeping 521.366 Loss or Disposal of Records 521.367 Manuals 521.368 Instructions for Continued Airworthiness 521.369 Supplemental Integrity Instructions 521.401 Division IX — Service Difficulty Reporting 521.401 Form and Submission 521.402 Time Limits 521.403 Service Difficulty Report Not Required 521.426 Division X — Airworthiness Directives 521.426 Application 521.427 Conditions for Issuance 521.428 Distribution 521.451 Division XI — Foreign Aeronautical Products 521.451 Application 521.452 Eligibility Requirements 521.453 Application for a Design Approval Document 521.454 Exceptions 521.455 Issuance of a Design Approval Document 521.456 Changes to a Type Design 522.01 SUBPART 22 [Repealed, SOR/2009-280, s. 26] 523.01 SUBPART 23 [Repealed, SOR/2009-280, s. 26] Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 525.01 SUBPART 25 [Repealed, SOR/2009-280, s. 26] 527.01 SUBPART 27 [Repealed, SOR/2009-280, s. 26] 529.01 SUBPART 29 [Repealed, SOR/2009-280, s. 26] 531.01 SUBPART 31 [Repealed, SOR/2009-280, s. 26] 533.01 SUBPART 33 [Repealed, SOR/2009-280, s. 26] 535.01 SUBPART 35 [Repealed, SOR/2009-280, s. 26] 537.01 SUBPART 37 [Repealed, SOR/2009-280, s. 26] 541.01 SUBPART 41 [Repealed, SOR/2009-280, s. 26] 549.01 Subpart 49 — Amateur-Built Aircraft 549.01 Requirements 551.01 SUBPART 51 [Repealed, SOR/2009-280, s. 27] 561.01 Subpart 61 — Manufacture of Aeronautical Products 561.01 Interpretation 561.02 Application 561.03 Manufacturer Certificate — Application, Issuance and Amendment 561.04 Management Personnel 561.05 Resources 561.06 Facilities Located in a Foreign State 561.07 Manual 561.08 Production Control System Current to June 20, 2022 Last amended on March 6, 2022 xxv Canadian Aviation Regulations TABLE OF PROVISIONS 561.09 Quality Assurance Program 561.10 Statement of Conformity 561.11 Training Program 561.12 Personnel Records 561.13 Control of Suppliers 561.14 Aeronautical Product Records 561.15 Service Difficulty Reporting 561.16 Cessation of Manufacturing 571.01 Subpart 71 — Aircraft Maintenance Requirements 571.01 Application 571.02 Maintenance and Elementary Work Performance Rules 571.03 Recording of Maintenance and Elementary Work 571.04 Specialized Maintenance 571.05 Maintenance of Aircraft Operated under Part IV or VII 571.06 Repairs and Modifications 571.07 Installation of New Parts 571.08 Installation of Used Parts 571.09 Installation and Disposal of Life-limited Parts 571.10 Maintenance Release 571.11 Persons Who May Sign a Maintenance Release 571.12 Reporting Major Repairs and Major Modifications 571.13 Installation of Parts (General) SCHEDULE I SCHEDULE II Specialized Maintenance Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS SCHEDULE III Types of Work 573.01 Subpart 73 — Approved Maintenance Organizations 573.01 Division I — General 573.01 Application for Approval 573.02 Entitlement to and Scope of Certificate 573.03 Duties of Certificate Holder 573.04 Person Responsible for Maintenance 573.05 Authorization to Sign a Maintenance Release 573.06 Training Program 573.07 Personnel Records 573.08 Facilities, Equipment, Standards and Procedures 573.09 Quality Assurance Program 573.10 Maintenance Policy Manual 573.11 Maintenance Arrangements 573.12 Service Difficulty Reporting 573.13 Foreign Approvals 573.14 Identification of an AMO 573.15 Technical Records 573.30 Division II — Safety Management System 573.30 Requirements 573.31 Components of the Safety Management System 573.32 Person Managing the Safety Management System 591.01 SUBPART 91 [Repealed, SOR/2009-280, s. 33] 593.01 SUBPART 93 [Repealed, SOR/2009-280, s. 33] 600.01 Part VI — General Operating and Flight Rules 600.01 Interpretation Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 601.01 Subpart 1 — Airspace 601.01 Division I — Airspace Structure, Classification and Use 601.01 Airspace Structure 601.02 Airspace Classification 601.03 Transponder Airspace 601.04 IFR or VFR Flight in Class F Special Use Restricted Airspace or Class F Special Use Advisory Airspace 601.05 IFR Flight in Class A, B, C, D or E Airspace or Class F Special Use Restricted or Class F Special Use Advisory Controlled Airspace 601.06 VFR Flight in Class A Airspace 601.07 VFR Flight in Class B Airspace 601.08 VFR Flight in Class C Airspace 601.09 VFR Flight in Class D Airspace 601.14 Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety 601.14 Interpretation 601.15 Forest Fire Aircraft Operating Restrictions 601.16 Issuance of NOTAM for Forest Fire Aircraft Operating Restrictions 601.17 Exceptions 601.18 Orders Prohibiting or Restricting Aircraft Operation 601.19 Hand-held Lasers 601.20 Projection of Directed Bright Light Source at an Aircraft 601.21 Requirement for Notification 601.22 Requirement for Pilot-in-command 601.23 Division III — Marking and Lighting of Obstacles to Air Navigation 601.23 Obstacles to Air Navigation 601.24 Marking and Lighting of Obstacles to Air Navigation 601.25 Other Obstacles to Air Navigation Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 601.26 Upgrading of Marking and Lighting 601.27 Equivalent Marking and Lighting 601.28 Notification of Deterioration, Failure or Malfunction 601.29 Prohibition 602.01 Subpart 2 — Operating and Flight Rules 602.01 Division I — General 602.01 Application — Remotely Piloted Aircraft 602.01.1 Reckless or Negligent Operation of Aircraft 602.02 Fitness of Flight Crew Members 602.03 Alcohol or Drugs — Crew Members 602.04 Alcohol or Drugs — Passengers 602.05 Compliance with Instructions 602.06 Smoking 602.07 Aircraft Operating Limitations 602.08 Portable Electronic Devices 602.09 Fuelling with Engines Running 602.10 Starting and Ground Running of Aircraft Engines 602.11 Aircraft Icing 602.12 Overflight of Built-up Areas or Open-air Assemblies of Persons during Take-offs, Approaches and Landings 602.13 Take-offs, Approaches and Landings within Built-up Areas of Cities and Towns 602.14 Minimum Altitudes and Distances 602.15 Permissible Low Altitude Flight 602.16 Flights over Open-Air Assemblies of Persons or Builtup Areas — Helicopters with External Loads 602.17 Carriage of Persons during Low Altitude Flight 602.18 Flights over Built-up Areas — Balloons 602.19 Right of Way — General 602.20 Right of Way — Aircraft Manoeuvring on Water 602.21 Avoidance of Collision 602.22 Towing Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 602.23 Dropping of Objects 602.24 Formation Flight 602.25 Entering or Leaving an Aircraft in Flight 602.26 Parachute Descents 602.27 Aerobatic Manoeuvres — Prohibited Areas and Flight Conditions 602.28 Aerobatic Manoeuvres with Passengers 602.29 Hang Glider and Ultra-light Aeroplane Operation 602.30 Fuel Dumping 602.31 Compliance with Air Traffic Control Instructions and Clearances 602.32 Airspeed Limitations 602.33 Supersonic Flight 602.34 Cruising Altitudes and Cruising Flight Levels 602.35 Altimeter-setting and Operating Procedures in the Altimeter-setting Region 602.36 Altimeter-setting and Operating Procedures in the Standard Pressure Region 602.37 Altimeter-setting and Operating Procedures in Transition between Regions 602.38 Flight over the High Seas 602.39 Transoceanic Flight 602.40 Landing at or Take-off from an Aerodrome at Night 602.42 Large Unoccupied Free Balloons 602.43 Rockets 602.44 Authorization by the Minister 602.45 Kites and Model Rockets 602.46 Refusal to Transport 602.47 Suitable Accommodation 602.57 Division II — Operational and Emergency Equipment Requirements 602.57 Application 602.58 Prohibition 602.59 Equipment Standards 602.60 Requirements for Power-driven Aircraft Current to June 20, 2022 Last amended on March 6, 2022 xxx Canadian Aviation Regulations TABLE OF PROVISIONS 602.61 Survival Equipment — Flights over Land 602.62 Life Preservers and Flotation Devices 602.63 Life Rafts and Survival Equipment — Flights over Water 602.64 Offshore Operations Flight 602.65 Emergency Exception 602.66 Emergency Underwater Breathing Apparatus (EUBA) 602.70 Division III — Flight Preparation, Flight Plans and Flight Itineraries 602.70 Interpretation 602.71 Pre-flight Information 602.72 Weather Information 602.73 Requirement to File a Flight Plan or a Flight Itinerary 602.74 Contents of a Flight Plan or a Flight Itinerary 602.75 Filing of a Flight Plan or a Flight Itinerary 602.76 Changes in the Flight Plan 602.77 Requirement to File an Arrival Report 602.78 Contents of an Arrival Report 602.79 Overdue Aircraft Report 602.86 Division IV — Pre-Flight and Fuel Requirements 602.86 Carry-on Baggage, Equipment and Cargo 602.87 Crew Member Instructions 602.88 Fuel Requirements 602.89 Passenger Briefings 602.96 Division V — Operations at or in the Vicinity of an Aerodrome 602.96 General 602.97 VFR and IFR Aircraft Operations at Uncontrolled Aerodromes within an MF Area 602.98 General MF Reporting Requirements 602.99 MF Reporting Procedures before Entering Manoeuvring Area 602.100 MF Reporting Procedures on Departure Current to June 20, 2022 Last amended on March 6, 2022 xxx Canadian Aviation Regulations TABLE OF PROVISIONS 602.101 MF Reporting Procedures on Arrival 602.102 MF Reporting Procedures When Flying Continuous Circuits 602.103 Reporting Procedures When Flying through an MF Area 602.104 Reporting Procedures for IFR Aircraft When Approaching or Landing at an Uncontrolled Aerodrome 602.105 Noise Operating Criteria 602.106 Noise-restricted Runways 602.114 Division VI — Visual Flight Rules 602.114 Minimum Visual Meteorological Conditions for VFR Flight in Controlled Airspace 602.115 Minimum Visual Meteorological Conditions for VFR Flight in Uncontrolled Airspace 602.116 VFR Over-the-Top 602.117 Special VFR Flight 602.121 Division VII — Instrument Flight Rules 602.121 General Requirements 602.122 Alternate Aerodrome Requirements 602.123 Alternate Aerodrome Weather Minima 602.124 Minimum Altitudes to Ensure Obstacle Clearance 602.125 Enroute IFR Position Reports 602.126 Take-off Minima 602.127 Instrument Approaches 602.128 Landing Minima 602.129 Approach Ban — General 602.130 Approach Ban — CAT III Precision 602.131 Runway Visibility 602.133 Division VIII — Radiocommunications 602.133 Language Used in Aeronautical Radiocommunications 602.134 Request for Air Traffic Services 602.136 Continuous Listening Watch Current to June 20, 2022 Last amended on March 6, 2022 xx Canadian Aviation Regulations TABLE OF PROVISIONS 602.137 Two-way Radiocommunication Failure in IFR Flight 602.138 Two-way Radiocommunication Failure in VFR Flight 602.143 Division IX — Emergency Communications and Security 602.143 Emergency Radio Frequency Capability 602.144 Interception Signals, Interception of Aircraft and Instructions to Land 602.145 ADIZ 602.146 ESCAT Plan 602.150 Division X — Noise Emission Levels for Subsonic Turbo-Jet Aeroplanes 602.150 Requirements 603.01 Subpart 3 — Special Flight Operations 603.01 Division I — Special Aviation Events 603.01 Certification Requirements for Special Aviation Events 603.02 Issuance of Special Flight Operations Certificate — Special Aviation Event 603.03 Contents of Special Flight Operations Certificate — Special Aviation Event 603.04 General Conditions of Special Flight Operations Certificate — Special Aviation Event 603.05 Event Management 603.06 Participant and Aircraft Eligibility 603.07 Minimum Safety Distances and Altitudes 603.08 Weather Conditions 603.09 Participant Briefing 603.16 Division II — Balloons with Fare-paying Passengers 603.16 Application 603.17 Certification Requirements for Balloon Operations 603.18 Issuance of Special Flight Operations Certificate — Balloons 603.19 Contents of Special Flight Operations Certificate — Balloons Current to June 20, 2022 Last amended on March 6, 2022 xxx Canadian Aviation Regulations TABLE OF PROVISIONS 603.20 General Conditions of Special Flight Operations Certificate — Balloons 603.21 Crew Member Qualifications 603.22 Briefing of Passengers 603.23 Operations at Night 603.24 Tethered Flight 603.25 Carriage of Passengers 603.36 Division III — Parachuting 603.36 Application 603.37 Certification Requirements for Parachute Operations 603.38 Issuance of Special Flight Operations Certificate — Parachuting 603.39 Contents of Special Flight Operations Certificate — Parachuting 603.65 Division IV — Miscellaneous Special Flight Operations 603.65 Application 603.66 Certification Requirements 603.67 Issuance of Special Flight Operations Certificate 603.68 Contents of Special Flight Operations Certificate 604.01 Subpart 4 — Private Operators 604.01 Division I — General Provisions 604.01 Interpretation 604.02 Application 604.03 Prohibition 604.04 Issuance of a Private Operator Registration Document 604.05 Issuance of Special Authorization 604.06 Notice to the Minister 604.07 Amendment of Private Operator’s Operations Manual 604.08 Duties of a Private Operator 604.09 Accountability 604.25 Division II — Flight Operations 604.25 Operational Control System Current to June 20, 2022 Last amended on March 6, 2022 xxx Canadian Aviation Regulations TABLE OF PROVISIONS 604.26 Designation of Pilot-in-command and Second-incommand 604.27 Flight Dispatchers and Flight Followers 604.28 Instrument Approaches — Landing 604.36 Division III — Flight Operations — Documents 604.36 Checklist 604.37 Aircraft Operating Manual 604.38 Operational Flight Data Sheet 604.46 Division IV — Flight Operations — Special Authorizations 604.46 Minimum Performance Capability of Long-range Navigation Systems 604.47 General Prohibition — Special Authorizations 604.48 No Alternate Aerodrome — IFR Flight 604.49 Take-off Minima 604.50 Instrument Procedures — GNSS 604.51 Precision Approaches — CAT II and CAT III 604.52 Instrument Procedures — Restricted Canada Air Pilot 604.53 CMNPS and RNPC Requirements 604.54 RNPC Requirements — High Level Fixed RNAV Routes 604.55 NAT-MNPS Requirements 604.56 RVSM Requirements 604.57 RNP 10 Requirements 604.58 RNP 4 Requirements 604.59 RNAV 5 Requirements 604.60 RNAV 1 and RNAV 2 Requirements 604.74 Other Activities Approved by the Minister 604.81 Division V — Flight Operations — Passengers 604.82 Cabin Safety 604.83 Fuelling with Passengers on Board 604.84 Fuelling with Passengers on Board and an Engine Running 604.85 Briefing of Passengers Current to June 20, 2022 Last amended on March 6, 2022 xxx Canadian Aviation Regulations TABLE OF PROVISIONS 604.86 Safety Features Card 604.98 Division VI — Flight Time and Flight Duty Period 604.98 Flight Time Limits 604.99 Flight Duty Period Limits and Rest Periods 604.100 Split Flight Duty Period 604.101 Extension of Flight Duty Period 604.102 Unforeseen Operational Circumstances 604.103 Delayed Reporting Time 604.104 Time with no Assigned Duties 604.105 Rest Period — Flight Crew Member Positioning 604.106 Controlled Rest on the Flight Deck 604.116 Division VII — Emergency Equipment 604.116 Survival Equipment 604.117 First Aid Kits 604.118 Protective Breathing Equipment 604.119 Hand-held Fire Extinguishers 604.126 Division VIII — Maintenance 604.126 Maintenance Manager 604.127 Maintenance Control System 604.128 Maintenance, Elementary Work and Servicing 604.129 Defect Reporting and Control Procedures 604.130 Service Difficulty Reporting 604.131 Aircraft Service Information Review 604.132 Personnel Records 604.139 Division IX — Personnel Requirements 604.139 Validity Periods 604.140 Equivalencies 604.141 Operations Manager Qualifications and Responsibilities 604.142 Chief Pilot Qualifications, Training and Responsibilities Current to June 20, 2022 Last amended on March 6, 2022 xxx Canadian Aviation Regulations TABLE OF PROVISIONS 604.143 Flight Crew Member Qualifications and Training 604.144 Instructor Qualifications and Training 604.145 Flight Attendant Training 604.146 Flight Dispatcher and Flight Follower Training 604.147 Ground and Airborne Icing Operations Training 604.148 Safety Management System Training 604.149 Training and Qualifications Records 604.166 Division X — Training Program 604.166 Training Program 604.167 Acquiring and Maintaining Competency 604.168 Training Program Content and Training Facilities 604.169 Flight Crew Members — Ground Instruction 604.170 Flight Crew Members — Aircraft Operation Training 604.171 Flight Crew Members — Level B, C or D Flight Simulator 604.172 Flight Crew Members — Level C or D Flight Simulator 604.173 Flight Crew Members — Level D Flight Simulator 604.174 Flight Crew Members — Turbo-jet-powered Aeroplane or Transport Category Aircraft — Level C or D Flight Simulator 604.175 Flight Crew Members — Compatibility of Flight Simulators 604.176 Flight Crew Members — High Altitude Indoctrination Training 604.177 Flight Crew Members — One-engine Inoperative Ferry Flights 604.178 Flight Crew Members — Upgrade to Pilot-inCommand 604.179 Flight Attendants 604.180 Flight Dispatchers and Flight Followers 604.181 Ground and Airborne Icing Operations 604.182 Maintenance, Elementary Work and Servicing Current to June 20, 2022 Last amended on March 6, 2022 x Canadian Aviation Regulations TABLE OF PROVISIONS 604.183 Safety Management System 604.184 Amendments to Training Program 604.197 Division XI — Operations Manual 604.197 General Requirement 604.198 Distribution 604.202 Division XII — Safety Management System 604.202 Prohibition 604.203 Components of the Safety Management System 604.204 Duties of Operations Manager 604.205 Duties of Personnel 604.206 Quality Assurance Program 604.207 Review of the Safety Management System 604.208 Duties of Private Operator — Review 604.220 Division XIII — Flight Attendants and Emergency Evacuation 604.220 Interpretation 604.221 Minimum Number of Flight Attendants 604.222 Emergency Features 604.223 Demonstration of Emergency Evacuation Procedures 604.224 Carrying Out a Demonstration of Emergency Evacuation Procedures 604.225 Extended Over-water Operations 604.226 Carrying Out a Demonstration of Emergency Evacuation Procedures — Ditching 604.240 Embarking and Disembarking of Passengers 604.241 Emergency Evacuation — Before and During Surface Movement 604.242 Single-aisle Aeroplane 604.243 Standardization 605.01 Subpart 5 — Aircraft Requirements 605.01 Application 605.03 Division I — Aircraft Requirements — General Current to June 20, 2022 Last amended on March 6, 2022 xl Canadian Aviation Regulations TABLE OF PROVISIONS 605.03 Flight Authority 605.04 Availability of Aircraft Flight Manual 605.05 Markings and Placards 605.06 Aircraft Equipment Standards and Serviceability 605.07 Minimum Equipment Lists 605.08 Unserviceable and Removed Equipment — General 605.09 Unserviceable and Removed Equipment — Aircraft with a Minimum Equipment List 605.10 Unserviceable and Removed Equipment — Aircraft without a Minimum Equipment List 605.14 Division II — Aircraft Equipment Requirements 605.14 Power-driven Aircraft — Day VFR 605.15 Power-driven Aircraft — VFR OTT 605.16 Power-driven Aircraft — Night VFR 605.17 Use of Position and Anti-collision Lights 605.18 Power-driven Aircraft — IFR 605.19 Balloons — Day VFR 605.20 Balloons — Night VFR 605.21 Gliders — Day VFR 605.22 Seat and Safety Belt Requirements 605.23 Restraint System Requirements 605.24 Shoulder Harness Requirements 605.25 General Use of Safety Belts and Restraint Systems 605.26 Use of Passenger Safety Belts and Restraint Systems 605.27 Use of Crew Member Safety Belts 605.28 Child Restraint System 605.29 Flight Control Locks 605.30 De-icing or Anti-icing Equipment 605.31 Oxygen Equipment and Supply 605.32 Use of Oxygen Current to June 20, 2022 Last amended on March 6, 2022 xl Canadian Aviation Regulations TABLE OF PROVISIONS 605.33 Flight Data Recorder 605.33.1 Underwater Locating Device for Flight Data Recorder 605.34 Cockpit Voice Recorder 605.34.1 Underwater Locating Device for Cockpit Voice Recorder 605.34.2 Use of Microphones 605.35 Transponder and Automatic Pressure-Altitude Reporting Equipment 605.36 Altitude Alerting System or Device 605.37 GPWS 605.38 ELT 605.38.1 ELT — Frequencies 605.39 Use of ELTs 605.40 ELT Activation 605.41 Third Attitude Indicator 605.42 TAWS 605.84 Division III — Aircraft Maintenance Requirements 605.84 Aircraft Maintenance — General 605.85 Maintenance Release and Elementary Work 605.86 Maintenance Schedule 605.87 Transfer of Aeronautical Products between Maintenance Schedules 605.88 Inspection after Abnormal Occurrences 605.92 Division IV — Technical Records 605.92 Requirement to Keep Technical Records 605.93 Technical Records — General 605.94 Journey Log Requirements 605.95 Journey Log — Carrying on Board 605.96 Requirements for Technical Records Other Than the Journey Log 605.97 Transfer of Records SCHEDULE I Current to June 20, 2022 Last amended on March 6, 2022 xli Canadian Aviation Regulations TABLE OF PROVISIONS SCHEDULE II 606.01 Subpart 6 — Miscellaneous 606.01 Munitions of War 606.02 Liability Insurance 606.03 Synthetic Flight Training Equipment 700.01 Part VII — Commercial Air Services 700.01 Division I — General 700.01 Interpretation 700.01.1 Exception — Remotely Piloted Aircraft Systems 700.02 Requirements for Air Operator Certificate 700.03 Authorization to Operate Specialty Air Service Under CUSMA 700.04 Eligibility for Air Operator Certificate 700.05 Aircraft Requirements 700.06 Extended Charter 700.07 Management Agreement 700.08 Operations between Points Abroad 700.09 Duties of Certificate Holder 700.10 Division II — Approach Bans 700.10 Approach Bans — Non Precision, APV and CAT I Precision 700.11 Approach Bans — CAT II and CAT III Precision 700.12 Division II.1 — Portable Electronic Devices 700.19 Division III — Flight Crew Member Fatigue Management 700.19 Non-application and Interpretation 700.20 Monitoring System and Records Current to June 20, 2022 Last amended on March 6, 2022 xli Canadian Aviation Regulations TABLE OF PROVISIONS 700.21 Air Operator Obligations — Scheduling 700.26 Fitness for Duty 700.27 Maximum Flight Time 700.28 Maximum Flight Duty Period 700.29 Maximum Number of Hours of Work 700.36 Home Base 700.37 Nutrition Break 700.40 Rest Periods — General 700.41 Disruptive Schedules 700.42 Rest Periods — Time Zone Differences 700.43 Rest Period — Positioning 700.50 Split Flight Duty 700.51 Consecutive Flight Duty Periods 700.52 Delayed Reporting Time 700.60 Maximum Flight Duty Period — Augmented Flight Crew and Rest Facilities 700.61 Long-range Flights 700.62 Ultra Long-range Flights 700.63 Unforeseen Operational Circumstances — Flight Duty Period and Rest Period 700.64 Unforeseen Operational Circumstances — Split Flight Duty 700.70 Flight Crew Member on Reserve 700.71 Flight Crew Member on Standby 700.72 Controlled Rest on Flight Deck 700.100 Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights 700.100 Application and Interpretation 700.101 Monitoring System and Records 700.102 Fitness for Duty Current to June 20, 2022 Last amended on March 6, 2022 xl Canadian Aviation Regulations TABLE OF PROVISIONS 700.103 Maximum Flight Time 700.104 Maximum Flight Duty Period 700.116 Rest Period — General 700.117 Rest Period — Positioning 700.118 Split Flight Duty 700.119 Time Free from Duty 700.120 Consecutive Flight Duty Periods 700.121 Delayed Reporting Time 700.131 Maximum Flight Duty Period — Augmented Flight Crew and Rest Facility 700.132 Long-range Flights 700.133 Unforeseen Operational Circumstances 700.134 Flight Crew Member on Reserve 700.135 Controlled Rest on Flight Deck 700.200 Division V — Exemptions — Fatigue Risk Management System 700.200 Initial Exemption 700.201 Series of Flights 700.206 Notice of Intent 700.213 Fatigue Risk Management System — Establishment and Implementation 700.214 Fatigue Risk Management System — Components 700.215 Fatigue Risk Management Plan 700.216 Fatigue Risk Management Process 700.217 Collaboration with Employees 700.218 Fatigue Risk Management Promotion 700.219 Quality Assurance Program for the Fatigue Risk Management System Current to June 20, 2022 Last amended on March 6, 2022 xlv Canadian Aviation Regulations TABLE OF PROVISIONS 700.225 Safety Case 700.231 Fatigue Risk Management System — Initial Audit 700.232 Submission of Safety Case for Approval 700.233 Approval of the Safety Case 700.234 Continuing Exemption 700.240 Exemption for Other Flights 700.246 Non-availability of Exemption 700.247 Fatigue Risk Management System — Audit 700.248 Variance — Monitoring of Effects 700.249 Fatigue Risk Management System — Review 700.255 Training 700.256 Documentation — Keeping up to Date 700.257 Data and Documentation 700.258 Preservation of Information 700.259 Access to Documentation 701.01 Subpart 1 — Foreign Air Operations 701.01 Division I — General 701.01 Application 701.02 Requirement for Canadian Foreign Air Operator Certificate 701.03 Requirements for Flight Authorization 701.07 Division II — Certification and Authorization 701.07 Issuance or Amendment of Canadian Foreign Air Operator Certificate 701.08 Contents of Canadian Foreign Air Operator Certificate 701.09 General Conditions of Canadian Foreign Air Operator Certificate 701.10 Issuance of Flight Authorization 701.11 Contents of Flight Authorization Current to June 20, 2022 Last amended on March 6, 2022 xlv Canadian Aviation Regulations TABLE OF PROVISIONS 701.16 Division III — Flight Operations 701.16 Extended Range Twin-engined Operations 701.17 Canadian Minimum Navigation Performance Specifications (CMNPS) or North Atlantic Minimum Navigation Performance Specifications (NAT-MNPS) Airspace 701.18 Routes in Uncontrolled Airspace 701.19 No Alternate Aerodrome — IFR Flight 701.20 Take-off Minima 701.21 Landing Minima 701.22 Transport of Passengers in Single-engined Aircraft 701.23 Admission to Flight Deck 701.24 Seats for Cabin Safety Inspectors 701.25 Aircraft Icing Operations 701.26 Division IV — Flight Deck Security 701.26 Interpretation 701.27 Application 701.28 Admission to Flight Deck 701.29 Closing and Locking of Flight Deck Door 701.30 Doors and Locks 702.01 Subpart 2 — Aerial Work 702.01 Division I — General 702.01 Application 702.02 Aircraft Operation 702.07 Division II — Certification 702.07 Issuance or Amendment of Air Operator Certificate 702.08 Contents of Air Operator Certificate 702.09 General Conditions of Air Operator Certificate 702.11 Division III — Flight Operations 702.11 Operating Instructions 702.12 Operational Control System 702.13 Flight Authorization Current to June 20, 2022 Last amended on March 6, 2022 xlv Canadian Aviation Regulations TABLE OF PROVISIONS 702.14 Operational Flight Plan 702.15 Maintenance of Aircraft 702.16 Carriage of Persons 702.17 VFR Flight Minimum Flight Visibility — Uncontrolled Airspace 702.18 Night, VFR OTT and IFR Operations 702.19 Entering or Leaving a Helicopter in Flight 702.20 Aircraft Operating over Water 702.21 Helicopter Class D External Loads 702.22 Built-up Area and Aerial Work Zone 702.23 Briefing of Persons Other Than Flight Crew Members 702.24 Operation of Aircraft in Icing Conditions 702.42 Division IV — Aircraft Performance Operating Limitations 702.42 Division V — Aircraft Equipment Requirements 702.42 Night and IMC Flights 702.43 Additional Equipment for Single-pilot Operations 702.44 Shoulder Harnesses 702.45 External Load Equipment 702.46 ACAS 702.64 Division VI — Emergency Equipment 702.64 Division VII — Personnel Requirements 702.64 Designation of Pilot-in-command and Second-incommand 702.65 Flight Crew Member Qualifications 702.66 Check Authority 702.67 Validity Period 702.76 Division VIII — Training 702.76 Training Program 702.77 Training and Qualification Records 702.78 Amendments to Training Program 702.81 Division IX — Manuals Current to June 20, 2022 Last amended on March 6, 2022 xli Canadian Aviation Regulations TABLE OF PROVISIONS 702.81 Requirements relating to Company Operations Manual 702.82 Contents of Company Operations Manual 702.83 Distribution of Company Operations Manual 702.84 Standard Operating Procedures 702.91 Division X — Flight Time, Flight Duty Period Limitations and Rest Periods 702.91 Monitoring System 702.92 Maximum Flight Time 702.93 Maximum Flight Duty Period and Rest Periods 702.94 Unforeseen Operational Circumstances 702.95 Delayed Reporting Time 702.96 Time Free from Duty 702.97 Flight Crew Member Positioning 702.98 Long-range Flights 703.01 Subpart 3 — Air Taxi Operations 703.01 Division I — General 703.01 Application 703.02 Aircraft Operation 703.07 Division II — Certification 703.07 Issuance or Amendment of Air Operator Certificate 703.08 Contents of Air Operator Certificate 703.09 General Conditions of Air Operator Certificate 703.14 Division III — Flight Operations 703.14 Operating Instructions 703.15 SCHEDULED AIR SERVICE REQUIREMENTS 703.16 Operational Control System 703.17 Flight Authorization 703.18 Operational Flight Plan 703.19 Maintenance of Aircraft 703.20 Fuel Requirements 703.21 Admission to Pilot’s Compartment Current to June 20, 2022 Last amended on March 6, 2022 l Canadian Aviation Regulations TABLE OF PROVISIONS 703.22 Transport of Passengers in Single-engined Aircraft 703.23 Aircraft Operating over Water 703.24 Number of Passengers in Single-engined Aircraft 703.25 Carriage of External Loads 703.26 Simulation of Emergency Situations 703.27 VFR Flight Obstacle Clearance Requirements 703.28 VFR Flight Minimum Flight Visibility — Uncontrolled Airspace 703.29 VFR Flight Weather Conditions 703.30 Take-off Minima 703.31 No Alternate Aerodrome — IFR Flight 703.32 Enroute Limitations 703.33 VFR OTT Flight 703.34 Routes in Uncontrolled Airspace 703.36 Minimum Altitudes and Distances 703.37 Weight and Balance Control 703.38 Passenger and Cabin Safety Procedures 703.39 Briefing of Passengers 703.40 Instrument Approach Procedures 703.41 Approach Bans — Non-precision Approach, APV and CAT I Precision 703.42 Operation of Aircraft in Icing Conditions 703.64 Division IV — Aircraft Performance Operating Limitations 703.64 Division V — Aircraft Equipment Requirements 703.64 Night and IMC Flight 703.65 Airborne Thunderstorm Detection and Weather Radar Equipment 703.66 Additional Equipment for Single-pilot Operations 703.67 Protective Breathing Equipment 703.68 First Aid Oxygen 703.69 Shoulder Harnesses Current to June 20, 2022 Last amended on March 6, 2022 li Canadian Aviation Regulations TABLE OF PROVISIONS 703.70 ACAS 703.71 TAWS 703.82 Division VI — Emergency Equipment 703.82 Inspection Requirements 703.83 Flotation Devices 703.85.1 First Aid Kits 703.85.2 Survival Equipment 703.86 Division VII — Personnel Requirements 703.86 Minimum Crew 703.87 Designation of Pilot-in-command and Second-incommand 703.88 Flight Crew Member Qualifications 703.89 Qualifications of Operational Control Personnel 703.90 Check Authority 703.91 Validity Period 703.98 Division VIII — Training 703.98 Training Program 703.99 Training and Qualification Records 703.100 Amendments to Training Program 703.104 Division IX — Manuals 703.104 Requirements Relating to Company Operations Manual 703.105 Contents of Company Operations Manual 703.106 Distribution of Company Operations Manual 703.107 Standard Operating Procedures 704.01 Subpart 4 — Commuter Operations 704.01 Division I — General 704.01 Application 704.02 Aircraft Operation 704.07 Division II — Certification 704.07 Issuance or Amendment of Air Operator Certificate 704.08 Contents of Air Operator Certificate Current to June 20, 2022 Last amended on March 6, 2022 li Canadian Aviation Regulations TABLE OF PROVISIONS 704.09 General Conditions of Air Operator Certificate 704.12 Division III — Flight Operations 704.12 Operating Instructions 704.13 General Operational Information 704.14 SCHEDULED AIR SERVICE REQUIREMENTS 704.15 Operational Control System 704.16 Flight Authorization 704.17 Operational Flight Plan 704.18 Maintenance of Aircraft 704.19 Checklist 704.20 Fuel Requirements 704.21 Admission to Flight Deck 704.22 Simulation of Emergency Situations 704.23 VFR Flight Obstacle Clearance Requirements 704.24 VFR Flight Minimum Flight Visibility — Uncontrolled Airspace 704.25 VFR Flight Weather Conditions 704.26 Take-off Minima 704.27 No Alternate Aerodrome — IFR Flight 704.28 VFR OTT Flight 704.29 Routes in Uncontrolled Airspace 704.31 Minimum Altitudes and Distances 704.32 Weight and Balance Control 704.33 Passenger and Cabin Safety Procedures 704.34 Briefing of Passengers 704.35 Safety Features Card 704.36 Instrument Approach Procedures 704.37 Approach Bans — Non-precision, APV, and CAT I Precision 704.43 Division IV — Aeroplane Performance Operating Limitations 704.43 Non-application 704.44 Calculations Current to June 20, 2022 Last amended on March 6, 2022 lii Canadian Aviation Regulations TABLE OF PROVISIONS 704.45 Type Certification Performance Requirements 704.46 Take-off and Landing Weight Limitations 704.47 Net Take-off Flight Path 704.48 Enroute Limitations with One Engine Inoperative 704.49 Dispatch Limitations: Landing at Destination and Alternate Aerodromes 704.50 Dispatch Limitations: Wet Runway — Turbo-jetpowered Aeroplanes 704.51 Take-off and Landing on Gravel Runways 704.52 Take-off and Landing on Unprepared Surfaces 704.62 Division V — Aircraft Equipment Requirements 704.62 General Requirements 704.63 Operation of Aircraft in Icing Conditions 704.64 Airborne Thunderstorm Detection and Weather Radar Equipment 704.65 Additional Equipment for Single-pilot Operations 704.66 Protective Breathing Equipment 704.67 First Aid Oxygen 704.68 Shoulder Harnesses 704.69 Pitot Heat Indication System 704.70 ACAS 704.71 TAWS 704.83 Division VI — Emergency Equipment 704.83 Hand-held Fire Extinguisher 704.84 Inspection Requirements 704.85 First Aid Kits 704.86 Survival Equipment 704.106 Division VII — Personnel Requirements 704.106 Minimum Crew 704.107 Designation of Pilot-in-command and Second-incommand Current to June 20, 2022 Last amended on March 6, 2022 liv Canadian Aviation Regulations TABLE OF PROVISIONS 704.108 Flight Crew Member Qualifications 704.109 Qualifications of Operational Control Personnel 704.110 Check Authority 704.111 Validity Period 704.115 Division VIII — Training 704.115 Training Program 704.116 Conditional Approval of Training Program 704.117 Training and Qualification Records 704.118 Amendments to Training Program 704.120 Division IX — Manuals 704.120 Requirements relating to Company Operations Manual 704.121 Contents of Company Operations Manual 704.122 Distribution of Company Operations Manual 704.123 Aircraft Operating Manual 704.124 Standard Operating Procedures 705.01 Subpart 5 — Airline Operations 705.01 Division I — General 705.01 Application 705.02 Aircraft Operation 705.03 Operations Manager 705.04 Holder of More Than One Certificate 705.07 Division II — Certification 705.07 Issuance or Amendment of Air Operator Certificate 705.08 Contents of Air Operator Certificate 705.09 General Conditions of Air Operator Certificate 705.16 Division III — Flight Operations 705.16 Exceptions 705.17 Operating Instructions 705.18 General Operational Information Current to June 20, 2022 Last amended on March 6, 2022 lv Canadian Aviation Regulations TABLE OF PROVISIONS 705.19 SCHEDULED AIR SERVICE REQUIREMENTS 705.20 Operational Control System 705.21 Flight Authorization 705.22 Operational Flight Plan 705.23 Maintenance of Aircraft 705.24 Checklist 705.25 Fuel Requirements 705.26 Extended Range Twin-engined Operations 705.27 Admission to Flight Deck 705.28 Seats for Cabin Safety Inspectors 705.29 Flight Crew Members at Controls 705.30 Simulation of Emergency Situations 705.31 Crew Member Briefing 705.32 VFR Flight Obstacle Clearance Requirements 705.33 VFR Flight Weather Conditions 705.34 Take-off Minima 705.35 No Alternate Aerodrome — IFR Flight 705.36 VFR OTT Flight 705.37 Routes in Uncontrolled Airspace 705.39 Weight and Balance Control 705.40 Passenger and Cabin Safety Procedures 705.41 Flight Attendant Stations 705.42 Carry-on Baggage 705.43 Briefing of Passengers 705.44 Safety Features Card and Supplemental Briefing Card 705.45 Closing and Locking of Flight Deck Door 705.46 Night VFR Flight — Aeroplane 705.47 Instrument Approach Procedures 705.48 Approach Bans — Non-precision, APV and CAT I Precision 705.54 Division IV — Aircraft Performance Operating Limitations Current to June 20, 2022 Last amended on March 6, 2022 lv Canadian Aviation Regulations TABLE OF PROVISIONS 705.54 Exceptions 705.55 General Requirements 705.56 Take-off Weight Limitations 705.57 Net Take-off Flight Path 705.58 Enroute Limitations with One Engine Inoperative 705.59 Enroute Limitations with Two Engines Inoperative 705.60 Dispatch Limitations: Landing at Destination and Alternate Aerodromes 705.61 Dispatch Limitations: Wet Runway — Turbo-jetpowered Aeroplanes 705.67 Division V — Aircraft Equipment Requirements 705.67 General Requirements 705.68 Landing Lights 705.69 Operation of Aircraft in Icing Conditions 705.70 Weather Radar Equipment 705.71 Protective Breathing Equipment 705.72 First Aid Oxygen 705.73 Interphone System 705.74 Public Address System 705.75 Crew Member Shoulder Harnesses 705.76 Lavatory Fire Protection 705.77 Flammability Requirements for Aeroplane Seat Cushions 705.78 Floor Proximity Emergency Escape Path Markings 705.79 Flashlight Stowage 705.80 Doors and Locks 705.81 Cargo and Baggage Compartment Fire Protection 705.82 Pitot Heat Indication System 705.83 ACAS 705.84 TAWS 705.89 Division VI — Emergency Equipment 705.89 Megaphones 705.90 First Aid Kits Current to June 20, 2022 Last amended on March 6, 2022 lv Canadian Aviation Regulations TABLE OF PROVISIONS 705.91 Emergency Medical Kit 705.92 Crash Axe 705.93 Hand-held Fire Extinguishers 705.94 Portable Oxygen 705.95 Survival Equipment 705.96 Inspection Requirements 705.97 Flashlights 705.103 Division VII — Personnel Requirements 705.103 Designation of Pilot-in-command and Second-incommand 705.106 Pilot Qualifications 705.107 Flight Engineer and Second Officer Qualifications 705.108 Crew Pairing 705.109 Flight Attendant Qualifications 705.110 Flight Dispatcher Qualifications 705.111 Route and Aerodrome Qualifications 705.112 Check Authority 705.113 Validity Period 705.124 Division VIII — Training 705.124 Training Program 705.125 Conditional Approval of Training Program 705.126 Cabin Emergency Evacuation Trainer 705.127 Training and Qualification Records 705.128 Amendments to Training Program 705.134 Division IX — Manuals 705.134 Requirements relating to Company Operations Manual 705.135 Contents of Company Operations Manual 705.136 Distribution of Company Operations Manual 705.137 Aircraft Operating Manual 705.138 Standard Operating Procedures Current to June 20, 2022 Last amended on March 6, 2022 lvi Canadian Aviation Regulations TABLE OF PROVISIONS 705.139 Flight Attendant Manual 705.151 Division X — Safety Management System 705.151 Requirements 705.152 Components of the Safety Management System 705.153 Person Managing the Safety Management System 705.154 Holder of More Than One Certificate 705.171 Division XI — Interference With a Crew Member 705.171 Interpretation 705.172 Preventing and Managing Incidents of Interference with a Crew Member 705.173 Training 705.174 Reporting Incidents of Interference with a Crew Member 705.175 Levels of Interference with a Crew Member 705.200 Division XII — Flight Attendants and Emergency Evacuation 705.200 Interpretation 705.201 Minimum Number of Flight Attendants 705.202 Notice 705.203 Emergency Features 705.204 Demonstration of Emergency Evacuation Procedures 705.205 Carrying Out a Demonstration of Emergency Evacuation Procedures 705.206 Extended Over-water Operations 705.207 Carrying Out a Demonstration of Emergency Evacuation Procedures — Ditching 705.220 In-charge Flight Attendant 705.221 Incapacitated Flight Attendant 705.222 Embarking and Disembarking of Passengers 705.223 Stops 705.224 Emergency Duties 705.225 Emergency Evacuation — Before and During Surface Movements 705.226 Single-aisle Aeroplane Current to June 20, 2022 Last amended on March 6, 2022 lix Canadian Aviation Regulations TABLE OF PROVISIONS 705.227 Standardization 706.01 Subpart 6 — Aircraft Maintenance Requirements for Air Operators 706.01 Application 706.02 Maintenance Control System 706.03 Duties of Certificate Holder 706.04 Maintenance Personnel and Facilities 706.05 Defect Recording, Rectification and Control Procedures 706.06 Technical Dispatch Procedures 706.07 Quality Assurance Program 706.08 Maintenance Control Manual (MCM) 706.09 Maintenance Arrangements 706.10 Elementary Work 706.11 Servicing 706.12 Training Program 706.13 Personnel Records 706.14 Service Difficulty Reporting 706.15 Safety Management System 800.01 Part VIII — Air Navigation Services 800.01 Interpretation 800.02 Application 801.01 Subpart 1 — Air Traffic Services 801.01 General 801.02 Services to Be Provided in Class A, B, C, D and E Airspace 801.03 Requirement for ATS Operations Certificate 801.04 Application for ATS Operations Certificate Current to June 20, 2022 Last amended on March 6, 2022 lx Canadian Aviation Regulations TABLE OF PROVISIONS 801.05 Issuance of ATS Operations Certificate 801.06 Contents of ATS Operations Certificate 801.07 Contents of ATS Site Manual 801.08 Provision of Air Traffic Services in accordance with ATS Site Manual 801.09 Training and Competency of Flight Service Specialists 801.10 Provision of Air Traffic Services in Accordance with the ESCAT Plan 801.11 Locations where Air Traffic Services are Available in English and French 802.01 Subpart 2 — Aeronautical Telecommunications 802.01 Interpretation 802.02 Aeronautical Telecommunications Systems 803.01 Subpart 3 — Aeronautical Information Services 803.01 Provision of Aeronautical Information Services 803.02 Development and Publication of Instrument Procedures 804.01 Subpart 4 — Aviation Weather Services and Assessment of Runway Visibility 804.01 Division I — Aviation Weather Services 804.01 Provision of Aviation Weather Services 804.22 Division II — Meteorological Observations Measured By Automatic Instrumentation Of Wind, Temperature, Humidity Or Atmospheric Pressure 804.22 Division III — Runway Visibility 804.22 Application 804.23 Visibility Markers and Visibility Markers Charts Current to June 20, 2022 Last amended on March 6, 2022 lx Canadian Aviation Regulations TABLE OF PROVISIONS 804.24 Person Qualified to Assess and Report Runway Visibility 804.25 Assessment and Reporting of Runway Visibility 804.26 Qualifications and Training 805.01 Subpart 5 — Safety Management System 805.01 Requirements 805.02 Components of the Safety Management System 805.03 Quality Assurance Program 805.04 Duties of the Certificate Holder 805.05 Management of the Safety Management System 806.01 Subpart 6 — Levels of Service 806.01 Interpretation 806.02 Maintenance of Level of Service 806.03 Increase in Level of Service 807.01 Subpart 7 — Aviation Occurrences 807.01 Reporting of Aviation Occurrences 900.01 Part IX — Remotely Piloted Aircraft Systems 900.01 Division I — General Provisions 900.01 Interpretation 900.02 Application 900.06 Division II — General Prohibition 900.06 Reckless or Negligent Operation 901.01 Subpart 1 — Small Remotely Piloted Aircraft 901.01 Division I — General Provision 901.01 Application 901.02 Division II — Registration of Remotely Piloted Aircraft 901.02 Registration Current to June 20, 2022 Last amended on March 6, 2022 lx Canadian Aviation Regulations TABLE OF PROVISIONS 901.03 Registration Number 901.04 Qualifications To Be Registered Owner of a Remotely Piloted Aircraft 901.05 Registration Requirements 901.06 Register of Remotely Piloted Aircraft 901.07 Cancellation of Certificate of Registration 901.08 Change of Name or Address 901.09 Access to Certificate of Registration 901.11 Division III — General Operating and Flight Rules 901.11 Visual Line-of-sight 901.12 Prohibition — Emergency Security Perimeter 901.13 Prohibition — Canadian Domestic Airspace 901.14 Controlled or Restricted Airspace 901.15 Inadvertent Entry into Controlled or Restricted Airspace 901.16 Flight Safety 901.17 Right of Way 901.18 Avoidance of Collision 901.19 Fitness of Crew Members 901.20 Visual Observers 901.21 Compliance with Instructions 901.22 Living Creatures 901.23 Procedures 901.24 Pre-flight Information 901.25 Maximum Altitude 901.26 Horizontal Distance 901.27 Site Survey 901.28 Other Pre-flight Requirements 901.29 Serviceability of the Remotely Piloted Aircraft System 901.30 Availability of Remotely Piloted Aircraft System Operating Manual 901.31 Manufacturer’s Instructions 901.32 Control of Remotely Piloted Aircraft Systems 901.33 Take-offs, Launches, Approaches, Landings and Recovery Current to June 20, 2022 Last amended on March 6, 2022 lxi Canadian Aviation Regulations TABLE OF PROVISIONS 901.34 Minimum Weather Conditions 901.35 Icing 901.36 Formation Flight 901.37 Prohibition — Operation of Moving Vehicles, Vessels and Manned Aircraft 901.38 Use of First-person View Devices 901.39 Night Flight Requirements 901.40 Multiple Remotely Piloted Aircraft 901.41 Special Aviation Events and Advertised Events 901.42 Handovers 901.43 Payloads 901.44 Flight Termination System 901.45 ELT 901.46 Transponder and Automatic Pressure-altitude Reporting Equipment 901.47 Operations at or in the Vicinity of an Aerodrome, Airport or Heliport 901.48 Records 901.49 Incidents and Accidents — Associated Measures 901.53 Division IV — Basic Operations 901.53 Application 901.54 Pilot Requirements 901.55 Issuance of Pilot Certificate — Small Remotely Piloted Aircraft (VLOS) — Basic Operations 901.56 Recency Requirements 901.57 Access to Certificate and Proof of Recency 901.58 Examination Rules 901.59 Retaking of an Examination or Flight Review 901.62 Division V — Advanced Operations 901.62 Application 901.63 Pilot Requirements 901.64 Issuance of Pilot Certificate — Small Remotely Piloted Aircraft (VLOS) — Advanced Operations 901.65 Recency Requirements 901.66 Access to Certificate and Proof of Recency Current to June 20, 2022 Last amended on March 6, 2022 lxi Canadian Aviation Regulations TABLE OF PROVISIONS 901.67 Examination Rules 901.68 Retaking of an Examination or Flight Review 901.69 Manufacturer Declaration — Permitted Operations 901.70 Operation of a Modified Remotely Piloted Aircraft System 901.71 Operations in Controlled Airspace 901.72 Compliance with Air Traffic Control Instructions 901.73 Operations at or in the Vicinity of an Airport or Heliport — Established Procedure 901.76 Division VI — Advanced Operations — Requirements for Manufacturer 901.76 Manufacturer Declaration 901.77 Notice to the Minister 901.78 Documentation 901.79 Record-keeping 901.82 Division VII — Requirements Related to Flight Review 901.82 Prohibition — Flight Reviewer 901.83 Flight Reviewer Rating 901.84 Examination Rules 901.85 Retaking of Examination 901.86 Training Provider Requirements 901.87 Conduct of Flight Reviews 903.01 Subpart 2 — [Reserved] 903.01 Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems 903.01 Prohibition 903.02 Application for Special Flight Operations Certificate — RPAS 903.03 Issuance of Special Flight Operations Certificate — RPAS 1000.01 Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Current to June 20, 2022 Last amended on March 6, 2022 lx Canadian Aviation Regulations TABLE OF PROVISIONS 1000.01 Division I — General 1000.01 Interpretation 1000.02 Application 1000.03 Calculation Method 1000.10 Division II — Monitoring 1000.10 Emissions Monitoring Plan 1000.11 Approval 1000.12 Amendment 1000.13 Implementation of Monitoring Plan 1000.14 Data Gaps — Threshold 1000.15 Data Gaps — Requirements 1000.20 Division III — Offsetting 1000.20 Obligation to Offset 1000.21 Prohibition 1000.22 Calculation of Annual Offsetting Obligations 1000.23 Calculation of Reductions from Use of CORSIA Eligible Fuels 1000.24 Calculation of Final Offsetting Obligations 1000.30 Division IV — Reporting, Verification and Record Keeping 1000.30 Verified Emissions Report 1000.31 Verified Emissions Unit Cancellation Report 1000.32 Verification Body 1000.33 Parent Company and Subsidiaries 1000.34 Publication 1000.35 Records Current to June 20, 2022 Last amended on March 6, 2022 lxv Registration SOR/96-433 September 10, 1996 AERONAUTICS ACT Canadian Aviation Regulations P.C. 1996-1399 September 10, 1996 His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 4.3(2)a, 4.4(1)a, (2)a and (6)a, 4.6(2)a and 4.7(2)b, sections 4.9c, 4.91d and 5e and subsections 6.71(2)f, 6.9(2)a, 7(2)a, 7.1(2)g, 7.7(1)h, 8.7(3)a and 9(1)a of the Aeronautics Act, hereby makes the annexed Regulations Respecting Aviation and Activities Relating to Aeronautics. a R.S., c. 33 (1st Supp.), s. 1 b S.C. 1992, c. 4, s. 5(1) c S.C. 1992, c. 4, s. 7 d S.C. 1996, c. 20, s. 101 e S.C. 1996, c. 20, s. 102 f S.C. 1992, c. 4, s. 14 g S.C. 1992, c. 4, s. 15(2) h S.C. 1992, c. 4, s. 20 Current to June 20, 2022 Last amended on March 6, 2022 Regulations Respecting Aviation and Activities Relating to Aeronautics PART I General Provisions Short Title 100.01 These Regulations may be cited as the Canadian Aviation Regulations. Subpart 1 — Interpretation Interpretation 101.01 (1) In these Regulations, ACAS or Airborne Collision Avoidance System means an aircraft system based on transponder signals that operates independently of ground-based equipment and is intended to provide aural and visual alerts to a flight crew on the risk of collision with an approaching aircraft equipped with a transponder; (ACAS ou système anticollision embarqué) Act means the Aeronautics Act; (Loi) advanced ultra-light aeroplane means an aeroplane that has a type design that is in compliance with the standards specified in the manual entitled Design Standards for Advanced Ultra-light Aeroplanes; (avion ultra-léger de type évolué) aerial work means a commercial air service other than an air transport service or a flight training service; (travail aérien) aerial work zone means an area, delineated in an aerial work zone plan, in which aerial work is being conducted and that is over a built-up area of a city or town or over or adjacent to an area where persons may assemble; (zone de travail aérien) aerial work zone plan means a risk management plan for proposed aerial work; (plan de zone de travail aérien) aerobatic manoeuvre means a manoeuvre where a change in the attitude of an aircraft results in a bank Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 angle greater than 60 degrees, an abnormal attitude or an abnormal acceleration not incidental to normal flying; (acrobatie aérienne) aerodrome traffic means all traffic on the movement area of an aerodrome and all aircraft operating at or in the vicinity of the aerodrome; (circulation d’aérodrome) aeroplane means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces that remain fixed during flight; (avion) AGL means above ground level; (AGL) air operator means the holder of an air operator certificate; (exploitant aérien) air operator certificate means a certificate issued under Part VII that authorizes the holder of the certificate to operate a commercial air service; (certificat d’exploitation aérienne) air route means the airspace identified as such within the boundaries or along the tracks specified (a) in the case of controlled airspace, in the Designated Airspace Handbook, or (b) in the case of uncontrolled airspace, on an aeronautical chart; (route aérienne) air show means an aerial display or demonstration before an invited assembly of persons by one or more aircraft; (spectacle aérien) air time means, with respect to keeping technical records, the time from the moment an aircraft leaves the surface until it comes into contact with the surface at the next point of landing; (temps dans les airs) air traffic advisory services means the provision by an air traffic control unit or flight service station of aeronautical safety information, including aviation weather information and serviceability reports in respect of aerodromes and radio navigation aids, but does not include the provision of IFR air traffic control messages; (services consultatifs de la circulation aérienne) air traffic control clearance means an authorization issued by an air traffic control unit that authorizes an aircraft to proceed within controlled airspace in accordance with the conditions specified by that unit; (autorisation du contrôle de la circulation aérienne) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 air traffic control instruction means a directive issued by an air traffic control unit for air traffic control purposes; (instructions du contrôle de la circulation aérienne) air transport service means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points; (service de transport aérien) aircraft flight manual means a manual, requirements for which may be established by the Minister in Part V, that contains information in respect of an aircraft; (manuel de vol de l’aéronef) airport means an aerodrome in respect of which an airport certificate issued under Subpart 2 of Part III is in force; (aéroport) airship means a power-driven, lighter-than-air aircraft; (dirigeable) airway means the controlled airspace identified as such within the boundaries or along the tracks specified in the Designated Airspace Handbook; (voie aérienne) airworthiness directive means an instruction issued by the Minister or by a civil aviation authority responsible for an aeronautical product type design that mandates a maintenance or operation action to ensure that an aeronautical product conforms to its type design and is in a condition for safe operation; (consigne de navigabilité) airworthiness limitation means a limitation applicable to an aeronautical product, in the form of a life limit or a maintenance task that is mandatory as a condition of the type certificate; (limite de navigabilité) airworthy, in respect of an aeronautical product, means in a fit and safe state for flight and in conformity with its type design; (en état de navigabilité) alert height means the height above a runway, based on the flight characteristics of an aircraft and its fail-operational automatic landing system, above which a CAT III precision approach is to be discontinued and a missed approach procedure initiated in the event of a failure of the ground equipment or one of the redundant parts of the aircraft automatic landing system; (hauteur d’alerte) all-engines-operating take-off distance means the distance from the start of the take-off roll to the point at which the aeroplane reaches the height above the runway Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 elevation specified in the certification basis of the aeroplane; (distance de décollage avec tous les moteurs opérants) all-engines-operating take-off run means the distance from the start of the take-off roll to the point midway between the lift-off point and the point at which the aeroplane reaches the height above the runway elevation specified in the certification basis of the aeroplane; (roulement au décollage avec tous les moteurs opérants) alternate aerodrome means an aerodrome to which a flight may proceed when landing at the intended aerodrome of destination becomes inadvisable; (aérodrome de dégagement) altimeter setting region means the low level airspace so specified, and delineated, in the Designated Airspace Handbook; (région de calage altimétrique) appliance means any instrument, mechanism, equipment, apparatus or accessory that is (a) used, or intended to be used, in operating or controlling an aircraft in flight, (b) installed in or attached to, or intended to be installed in or attached to, the aircraft, and (c) not part of the airframe, engine or propeller of that aircraft; (appareillage) appropriate frequency means (a) the radio frequency specified by an air traffic control unit or flight service station for use by the pilot-incommand of an aircraft, (b) the mandatory frequency for use at or in the vicinity of an aerodrome for which a mandatory frequency has been specified, or (c) in any case not described in paragraph (a) or (b), the frequency specified for an aerodrome or an airspace in the Canada Air Pilot or the Canada Flight Supplement; (fréquence appropriée) apron means a part of an aerodrome, other than the manoeuvring area, that is intended to be used for the loading and unloading of passengers and cargo, the refuelling, servicing, maintenance and parking of aircraft and the movement of aircraft, vehicles and persons engaged in services necessary for those purposes; (aire de trafic) APU or auxiliary power unit means any power unit that delivers rotating shaft power or compressed air, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 both, and that is not intended for direct propulsion of an aircraft; (APU ou groupe auxiliaire de bord) APV means approach procedure with vertical guidance; (APV) Arctic Control Area [Repealed, SOR/2006-77, s. 1] ASDA or accelerate-stop distance available means, in respect of a runway, the length of the take-off run available plus, if a stopway is provided, the length of the stopway declared available by the operator of the aerodrome; (ASDA ou distance accélération-arrêt utilisable) ASL means above sea level; (ASL) ATC unit or air traffic control unit means (a) an area control centre established to provide air traffic control service to IFR aircraft, (b) a terminal control unit established to provide air traffic control service to IFR aircraft while they are being operated within a terminal control area, or (c) an air traffic control tower established to provide air traffic control service at an aerodrome; (unité ATC ou unité de contrôle de la circulation aérienne) ATS or air traffic services includes air traffic control services, advisory services and flight information services; (ATS ou services de la circulation aérienne) ATS operations certificate means a certificate issued under Part VIII that authorizes its holder to operate an air traffic control unit or a flight service station; (certificat d’exploitation des ATS) AWOS or automated weather observation system means a set of meteorological sensors, and associated systems designed to electronically collect and disseminate meteorological data; (AWOS ou système automatisé d’observations météorologiques) AX class means a classification of balloons by size, as established by the Fédération Aéronautique Internationale (FAI); (classe AX) balloon means a non-power-driven lighter-than-air aircraft; (ballon) balloon operator means the holder of a special flight operations certificate — balloons issued under section 603.18; (exploitant de ballons) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 basic ultra-light aeroplane means an aeroplane having no more than two seats, designed and manufactured to have (a) a maximum take-off weight not exceeding 544 kg, and (b) a stall speed in the landing configuration (Vso) of 39 knots (45 mph) indicated airspeed, or less, at the maximum take-off weight; (avion ultra-léger de base) Canada Air Pilot means an aeronautical information publication published by NAV CANADA that contains information on instrument procedures; (Canada Air Pilot) Canada Flight Supplement means an aeronautical information publication published under the authority of the Minister of Transport and the Minister of National Defence that is intended to be used to supplement enroute charts and the Canada Air Pilot; (Supplément de vol-Canada) Canadian (a) with respect to the operation of a commercial air service for which a licence to operate a domestic service is required under the Canada Transportation Act, has the same meaning as in subsection 55(1) of the Canada Transportation Act, and (b) with respect to the operation of any other commercial air service, means (i) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, (ii) a government in Canada or an agent or mandatary of such a government, or (iii) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 75% of the voting interests are owned and controlled by Canadians; (Canadien) Canadian Domestic Airspace means the airspace specified, and delineated as such, in the Designated Airspace Handbook; (espace aérien intérieur canadien) Canadian Technical Standard Order (CAN-TSO) design approval means a document issued by the Minister to record the approval of the type design of an appliance or a part identified in the document by a model number, by a part number or by some other identification unique Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 to the appliance or part, and includes a type approval for an aircraft appliance issued before October 10, 1996 under section 214 of the Air Regulations and a type certificate for an aircraft appliance issued before December 1, 2009 under section 511.11 or 511.21; (approbation de la conception selon les spécifications techniques canadiennes (CAN-TSO)) CAN-TSO or Canadian Technical Standard Order means a standard of airworthiness for an appliance or a part (a) that is published by the Minister, or (b) that is published by a foreign state with which Canada has an airworthiness agreement rangement and that is adopted by the specified in Chapter 537 — Appliances the Airworthiness Manual; (CAN-TSO tions techniques canadiennes) or similar arMinister and and Parts of ou spécificaCAT II minima, in respect of an aerodrome, means the minima specified in the Canada Air Pilot for a CAT II precision approach to a runway at that aerodrome; (minimums CAT II) CAT III minima, in respect of an aerodrome, means the minima specified in the Canada Air Pilot for a CAT III precision approach to a runway at that aerodrome; (minimums CAT III) category means (a) when used in reference to flight crew licensing, the classification of aircraft as an aeroplane, a balloon, a glider, a gyroplane, a helicopter or an ultra-light aeroplane, and (b) when used in reference to the certification of aircraft, a grouping of aircraft based upon intended use or operating limitations such as normal, utility, aerobatic, commuter and transport; (catégorie) child restraint system means any device, other than a safety belt, that is designed to restrain, seat or position a person and that conforms to the applicable standards of airworthiness set out in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; (ensemble de retenue d’enfant) class, in relation to the classification of aeroplanes, means aeroplanes having similar operating characteristics to single-engined aeroplanes, multi-engined aeroplanes, centre-line thrust aeroplanes, land aeroplanes or sea aeroplanes; (classe) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 co-authority dispatch means the shared responsibility of the pilot-in-command and the flight dispatcher for all decisions respecting the operational flight plan prior to its acceptance by the pilot-in-command, and for the flight watch; (régulation des vols en coresponsabilité) Commercial Air Service Standards means the standards published under the authority of the Minister that apply in respect of commercial air services operated by air operators; (Normes de service aérien commercial) commercial part, in respect of an aircraft, means a part (a) that is not specifically designed or produced for use as an aeronautical product, (b) that is made to a specification or catalogue description and marked under an identification scheme of the maker, and (c) whose failure does not adversely affect the continued safe flight and take-off and landing of the aircraft; (pièce commerciale) company operations manual means a manual established by an air operator pursuant to Part VII; (manuel d’exploitation de la compagnie) contracting state means a state that is a party to the Convention; (État contractant) control area means the controlled airspace within Canadian Domestic Airspace that is specified as the Arctic Control Area, the Northern Control Area or the Southern Control Area in the Designated Airspace Handbook and that extends upwards vertically from a specified altitude or a specified pressure-altitude; (région de contrôle) control zone means the controlled airspace that is so specified in the Designated Airspace Handbook and that extends upwards vertically from the surface of the earth up to and including 3,000 feet AGL, unless otherwise specified in that Handbook; (zone de contrôle) controlled aerodrome means an aerodrome at which an air traffic control unit is in operation; (aérodrome contrôlé) controlled airspace means an airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which air traffic control service is provided; (espace aérien contrôlé) Convention means the Convention on International Civil Aviation signed on behalf of Canada at Chicago on Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 December 7, 1944, as amended from time to time; (Convention) crew member means a person who is assigned to duty in an aircraft during flight time, or assigned to duty related to the operation of a remotely piloted aircraft system during flight time; (membre d’équipage) critical engine means the engine the failure of which would most adversely affect the performance or handling qualities of an aircraft; (moteur le plus défavorable) CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM) CVFR or controlled VFR flight means a flight conducted under the visual flight rules within Class B Airspace and in accordance with an air traffic control clearance; (CVFR ou vol VFR contrôlé) CVR or cockpit voice recorder means a system that uses a combination of microphones and other analog and digital devices to record and retain the aural environment of a cockpit as well as communications to, from and between flight crew members; (CVR ou enregistreur de la parole dans le poste de pilotage) danger area means an airspace of fixed dimensions that is so specified in the Designated Airspace Handbook, within which activities dangerous to the flight of aircraft could take place at the times specified in the Handbook; (zone dangereuse) dangerous goods means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992; (marchandises dangereuses) day or daylight means the time between the beginning of morning civil twilight and the end of evening civil twilight; (jour) decision height means the height specified in the Canada Air Pilot or the Restricted Canada Air Pilot at which a missed approach procedure is to be initiated during a precision approach if the required visual reference necessary to continue the approach to land has not been established; (hauteur de décision) Designated Airspace Handbook means the manual that contains information in respect of the designation of airspace and that is published under the authority of the Minister; (Manuel des espaces aériens désignés) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 elementary work means those tasks that are listed as elementary work in the Aircraft Equipment and Maintenance Standards; (travaux élémentaires) ELT means an emergency locator transmitter; (ELT) empty weight, in respect of an aircraft, means the total weight of the following parts or contents that are part of, or carried on board, the aircraft, namely, (a) the airframe, including the rotor in the case of a helicopter or gyroplane, (b) the power plant, (c) the fixed ballast, (d) the unusable fuel, (e) the maximum amount of normal operating fluids, including oil, power plant coolant, hydraulic fluid, deicing fluid and anti-icing fluid but not including potable water, lavatory pre-charge fluid or fluid intended for injection into the engines, and (f) all of the installed equipment; (masse à vide) ESCAT plan or Emergency Security Control of Air Traffic Plan means the measures to be implemented by Her Majesty in right of Canada in accordance with the North American Aerospace Defence Command (NORAD) Agreement in the case of an air defence emergency; (plan ESCAT ou Plan relatif au contrôle de sécurité d’urgence de la circulation aérienne) EUBA or emergency underwater breathing apparatus means a self-contained supplemental air supply that is designed to prolong the breathing capability of a passenger or a crew member during the evacuation of a helicopter that has overturned or is sinking after a ditching; (EUBA ou dispositif respiratoire submersible de secours) extended over-water operation means (a) in the case of an aircraft other than a helicopter, a flight over an area of water located at a horizontal distance of more than 50 nautical miles from the nearest shoreline, and (b) in the case of a helicopter, a flight over an area of water located at a horizontal distance of more than 50 nautical miles from the nearest shoreline or more than 50 nautical miles from the nearest offshore heliport structure; (survol prolongé d’un plan d’eau) FAF means final approach fix; (FAF) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 FDR or flight data recorder means a digital device that uses a combination of data providers to collect and record parameters that reflect the state and performance of an aircraft; (FDR ou enregistreur de données de vol) Federal Aviation Regulations means the Federal Aviation Regulations published by the Government of the United States, as amended from time to time; (Federal Aviation Regulations) fit for duty, in respect of a person, means that their ability to act as a flight crew member of an aircraft is not impaired by fatigue, the consumption of alcohol or drugs or any mental or physical condition; (apte au travail) FL or flight level means the altitude expressed in hundreds of feet, indicated on an altimeter set to 29.92 inches of mercury or 1 013.2 millibars; (FL ou niveau de vol) flight, in respect of a balloon in free or tethered flight, means the period of time between the moment when the balloon, including the envelope and basket, leaves a supporting surface and the moment it next comes to rest on landing; (vol) flight attendant means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft; (agent de bord) flight authority means a certificate of airworthiness, special certificate of airworthiness, flight permit or validation of a foreign document attesting to an aircraft’s fitness for flight, issued under Subpart 7 of Part V, or a foreign certificate of airworthiness that meets the requirements of Article 31 of the Convention; (autorité de vol) flight crew member means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time; (membre d’équipage de conduite) flight crew member on call means a flight crew member who has been designated by an air operator to be available to report for flight duty on notice of one hour or less; (membre d’équipage de conduite en disponibilité) flight crew member on standby means a flight crew member who has been designated by an air operator or private operator to remain at a specified location in order to be available to report for flight duty on notice of one hour or less; (membre d’équipage de conduite en attente) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 flight deck duty time [Repealed, SOR/2018-269, s. 1] flight duty period means the period that begins when the earliest of the following events occurs and ends at engines off or rotors stopped at the end of a flight: (a) the flight crew member carries out any duties assigned by the private operator or the air operator or delegated by the Minister before reporting for a flight, (b) the member reports for a flight or, if there is more than one flight during the flight duty period, reports for the first flight, (c) the member reports for positioning, and (d) the member reports as a flight crew member on standby; (période de service de vol) flight duty time [Repealed, SOR/2018-269, s. 1] flight following means the monitoring of a flight’s progress, the provision of any operational information that might be requested by the pilot-in-command, and the notification of the flight training unit and search and rescue authorities if the flight is overdue or missing; (suivi de vol) flight information services means (a) the dissemination of aviation weather information and aeronautical information for departure, destination and alternate aerodromes along a proposed route of flight, (b) the dissemination of aviation weather information and aeronautical information to aircraft in flight, (c) the acceptance, processing and activation of flight plans and flight itineraries and amendments to and cancellations of flight plans and flight itineraries, (d) the exchange of flight plan information with domestic or foreign governments or agencies or foreign air traffic services units, and (e) the dissemination of information concerning known ground and air traffic; (services d’information de vol) flight inspection means the operation of an aircraft for the purpose of (a) calibrating air navigation aids, (b) monitoring or evaluating the performance of air navigation aids, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 (c) obstacle assessment; (inspection en vol) flight itinerary means the information required to be filed in the form of a flight itinerary pursuant to Division III of Subpart 2 of Part VI; (itinéraire de vol) flight plan means the information that is required to be filed in the form of a flight plan pursuant to Division III of Subpart 2 of Part VI; (plan de vol) flight relief facility — bunk means a bunk that meets the requirements of Aerospace Recommended Practice ARP4101/3, Crew Rest Facilities, published by the Society of Automotive Engineers (SAE), and is configured in accordance with the requirements of section 3.2.9 of Aerospace Recommended Practice ARP4101, Flight Deck Layout and Facilities, published by the SAE; (poste de repos — couchette) flight relief facility — seat means a fully reclining seat that is separated and screened off from the passengers and flight deck, that is equipped with a call device, a restraint system designed to restrain a sleeping person and portable oxygen equipment, and that is not subject to distraction from noise generated in the cabin; (poste de repos — siège) flight service station means a ground station established to provide air traffic advisory services, flight information services and emergency assistance services for the safe movement of aircraft; (station d’information de vol) flight simulation training device means an apparatus, including synthetic flight training equipment, that replicates or emulates an aircraft or aircraft component for the purpose of training and testing; (dispositif de formation simulant le vol) flight time means the time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight; (temps de vol) flight training means a training program of ground instruction and airborne training that is conducted in accordance with the flight instructor guide and flight training manual applicable to the aircraft used; (entraînement en vol) flight training service means a commercial air service that is operated for the purpose of conducting flight training; (service d’entraînement en vol) flight training unit means Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 (a) in the case of an aeroplane or helicopter, the holder of a flight training unit operator certificate, or (b) in the case of a glider, balloon, gyroplane or ultralight aeroplane, a person, club, school or other organization that conducts flight training; (unité de formation au pilotage) flight training unit operator certificate means a certificate issued under Subpart 6 of Part IV that authorizes the holder of the certificate to operate a flight training service; (certificat d’exploitation d’unité de formation au pilotage) flight visibility means the visibility forward from the cockpit of an aircraft in flight; (visibilité en vol) flight watch means maintaining current information on the progress of a flight and monitoring all factors and conditions that might affect the flight; (surveillance de vol) glider means a non-power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces that remain fixed during flight; (planeur) ground station means a location on the ground equipped with radio transmitting and receiving equipment capable of two-way voice communications with an aircraft; (station au sol) ground visibility, in respect of an aerodrome, means the visibility at that aerodrome as contained in a weather observation reported by (a) an air traffic control unit, (b) a flight service station, (c) a community aerodrome radio station, (d) an AWOS used by the Department of Transport, the Department of National Defence or the Atmospheric Environment Service for the purpose of making aviation weather observations, or (e) a radio station that is ground-based and operated by an air operator; (visibilité au sol) gyroplane means a heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on one or more non-power-driven rotors on substantially vertical axes; (autogire) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 hang glider means a glider that is designed to carry not more than two persons and has a launch weight of 45 kg (99.2 pounds) or less; (aile libre) heading means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in true, magnetic or grid degrees from North; (cap) heavier-than-air aircraft means an aircraft supported in the atmosphere by lift derived from aerodynamic forces; (aérodyne) helicopter means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on one or more power-driven rotors on substantially vertical axes; (hélicoptère) helicopter Class A external load means an external load that cannot move freely, cannot be jettisoned and does not extend below the landing gear; (charge externe de classe A pour hélicoptère) helicopter Class B external load means an external load that can be jettisoned and that is not in contact with land, water or any other surface; (charge externe de classe B pour hélicoptère) helicopter Class C external load means an external load that can be jettisoned and that remains in contact with land, water or any other surface; (charge externe de classe C pour hélicoptère) helicopter Class D external load means an external load with a person carried externally or any external load, other than a Class A, B or C external load; (charge externe de classe D pour hélicoptère) heliport means an aerodrome in respect of which a heliport certificate issued under Subpart 5 of Part III is in force; (héliport) high level airspace means airspace at or above 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien supérieur) high seas means any body of water, or frozen surface thereof, that is not within the territorial waters of any state; (haute mer) home base means the location where a flight crew member normally commutes to in order to report for a flight duty period or positioning; (base d’affectation) HUD means head-up display; (HUD) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 ice means water that has frozen on a surface and includes the condition commonly known as black ice and the condition in which compacted snow has turned into a polished ice surface; (glace) IFR means instrument flight rules; (IFR) IFR air traffic control message means a message that contains an air traffic control clearance or instruction, a position report or procedure related to the conduct of an IFR flight; (message IFR du contrôle de la circulation aérienne) IFR aircraft means an aircraft operating in IFR flight; (aéronef IFR) IFR flight means a flight conducted in accordance with the instrument flight rules; (vol IFR) IMC or instrument meteorological conditions means meteorological conditions less than the minima specified in Division VI of Subpart 2 of Part VI for visual meteorological conditions, expressed in terms of visibility and distance from cloud; (IMC ou conditions météorologiques de vol aux instruments) infant means a person under two years of age; (enfant en bas âge) instrument approach means the orderly positioning of an IFR aircraft from the enroute phase to a position and altitude from which a landing may be completed or a missed approach procedure may be initiated; (approche aux instruments) instrument approach procedure means, in respect of an aircraft on an instrument approach to a runway or aerodrome, a procedure for an instrument approach determined by the pilot-in-command of the aircraft on the basis of the information specified in the Canada Air Pilot for an instrument approach to that runway or aerodrome or, if no such information is specified in the Canada Air Pilot, the information specified in the Restricted Canada Air Pilot for an aircraft operated under Subpart 6 of Part IV, Subpart 4 of Part VI, or Part VII; (procédure d’approche aux instruments) instrument time means (a) instrument ground time, (b) actual instrument flight time, or (c) simulated instrument flight time; (temps aux instruments) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 invited assembly of persons means any number of persons who have been invited, by any means, to attend a special aviation event. The term excludes competition judges, the holder of a special flight operations certificate, members of a certificate holder’s staff and members of a participant’s support team; (rassemblement de personnes invitées) land aircraft means an aircraft that is not capable of normal operations on water; (aéronef terrestre) landing means (a) in respect of an aircraft other than an airship, the act of coming into contact with a supporting surface, and includes the acts immediately preceding and following the coming into contact with that surface, and (b) in respect of an airship, the act of bringing the airship under restraint, and includes the acts immediately preceding and following the bringing of the airship under restraint; (atterrissage) large aeroplane means an aeroplane with an MCTOW of more than 5 700 kg (12,566 pounds); (gros avion) launch weight means the total weight of a hang glider or an ultra-light aeroplane when it is ready for flight, including any equipment, instruments, fuel or oil, but not including (a) the weight of the occupants, (b) the weight of any float equipment to a maximum of 34 kg (74.93 pounds), or (c) the weight of any ballistic parachute installation; (poids au départ) LDA or landing distance available means the length of a runway at an aerodrome that the aerodrome operator declares available and suitable for the ground run of an aeroplane that is landing; (LDA ou distance d’atterrissage utilisable) life-limited part means a part that, as a condition of the type certificate, may not exceed a specified time, or number of operating cycles, in service; (pièce à vie limitée) light turbulence means turbulence that momentarily causes slight, erratic changes in altitude or attitude or turbulence that causes slight, rapid and somewhat rhythmic bumpiness without appreciable changes in altitude or attitude; (turbulence légère) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 lighter-than-air aircraft means an aircraft supported in the atmosphere by its buoyancy; (aérostat) limited supplemental type certificate [Repealed, SOR/ 2009-280, s. 1] low level airspace means airspace below 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien inférieur) low-visibility procedures means procedures specified for an airport in the Canada Air Pilot that restrict aircraft and vehicle operations on the movement area of the airport when the runway visual range is less than 1,200 feet; (procédures par faible visibilité) maintenance means the overhaul, repair, required inspection or modification of an aeronautical product, or the removal of a component from or its installation on an aeronautical product, but does not include (a) elementary work, (b) servicing, or (c) work performed on an aircraft by the manufacturer prior to the issuance of whichever of the following documents is issued first: (i) a certificate of airworthiness, (ii) a special certificate of airworthiness, or (iii) an export airworthiness certificate; (maintenance) maintenance release means a certification made following the maintenance of an aeronautical product, indicating that the maintenance was performed in accordance with the applicable provisions of these Regulations and the standards of airworthiness; (certification après maintenance) maintenance schedule means a schedule required pursuant to section 605.86 for the performance of the inspections and other maintenance required by these Regulations; (calendrier de maintenance) major modification means an alteration to the type design of an aeronautical product in respect of which a type certificate has been issued that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics; (modification majeure) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 major repair means a repair to an aeronautical product in respect of which a type certificate has been issued, that causes the aeronautical product to deviate from the type design defined by the type certificate, where the deviation from the type design has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting the aeronautical product’s airworthiness or environmental characteristics; (réparation majeure) mandatory frequency means a VHF frequency specified in the Canada Air Pilot or the Canada Flight Supplement for the use of radio-equipped aircraft operating within an MF area; (fréquence obligatoire) manoeuvring area means that part of an aerodrome, other than an apron, that is intended to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing; (aire de manœuvre) Manual of All Weather Operations (Categories II and III) means the manual that contains information in respect of the operation of aircraft in various weather conditions and that is published under the authority of the Minister; (Manuel d’exploitation tous temps (catégories II et III)) manufacture means the making, assembly and fabrication, other than the fabrication of parts as part of a repair, of aeronautical products, and includes, in the case of newly manufactured aircraft, any work performed on an aircraft prior to the issuance of the first certificate of airworthiness or export certificate of airworthiness by the manufacturer; (construction) manufacturer means the holder of a type certificate for an aeronautical product or, where no type certificate has been issued by the Minister, the maker of the aeronautical product; (constructeur) manufacturer certificate means a certificate issued under Subpart 61 of Part V; (certificat de constructeur) maximum permissible take-off weight means the maximum take-off weight for an aircraft as authorized by the state of registry of the aircraft or as provided for in the aircraft type certificate; (masse maximale admissible au décollage) MCTOW or maximum certificated take-off weight means the weight identified as such in the type certificate of an aircraft; (MMHD ou masse maximale homologuée au décollage) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 medical evacuation flight means a flight that is carried out for the purpose of facilitating medical assistance and on which one or more of the following persons or things is transported: (a) medical personnel, (b) ill or injured persons, (c) human blood products or organs, (d) medical supplies; (vol d’évacuation médicale) MEL or minimum equipment list means a document approved by the Minister pursuant to subsection 605.07(3) that authorizes an operator to operate an aircraft with aircraft equipment that is inoperative under the conditions specified therein, and may specify certain equipment that must be operative; (MEL ou liste d’équipement minimal) MF area means an area of specific dimensions that consists of the surface area and airspace in the vicinity of an uncontrolled aerodrome and (a) to which a mandatory frequency has been assigned, (b) in respect of which the reporting procedures specified in Division V of Subpart 2 of Part VI are applicable, and (c) that is identified as an MF area in the Canada Air Pilot or the Canada Flight Supplement; (zone MF) minimum descent altitude means the altitude ASL, specified in the Canada Air Pilot or the Restricted Canada Air Pilot for a non-precision approach, below which descent is not to be made until the required visual reference necessary to continue the approach to land has been established; (altitude minimale de descente) minimum enroute altitude [Repealed, SOR/2006-77, s. 1] minimum rest period means a period during which a flight crew member is free from all duties, is not interrupted by the air operator or private operator, and is provided with an opportunity to obtain not less than eight consecutive hours of sleep in suitable accommodation, time to travel to and from that accommodation and time for personal hygiene and meals; (période de repos minimale) Minister means the Minister of Transport; (ministre) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 missed approach procedure means the procedure to be followed if, for any reason after conducting an instrument approach, a landing is not effected; (procédure d’approche interrompue) MMEL or master minimum equipment list means a document established by the Minister pursuant to subsection 605.07(1) that lists the aircraft equipment that is allowed to be inoperative for a particular type of aircraft under the conditions specified therein; (MMEL ou liste principale d’équipement minimal) MOCA or minimum obstruction clearance altitude means the altitude ASL that is specified on an IFR chart between fixes on an airway, on a fixed RNAV route or on an air route and that meets the IFR obstruction clearance requirements; (MOCA ou altitude minimale de franchissement d’obstacles) model aircraft [Repealed, SOR/2019-11, s. 1] model rocket means a rocket that (a) is equipped with model rocket motors that will not generate a total impulse exceeding 160 N.s, (b) has a gross weight, including motors, not exceeding 1 500 g (3.3 pounds), and (c) is equipped with a parachute or other device capable of retarding its descent; (modèle réduit de fusée) Mode S transponder means the airborne Mode S air traffic control (ATC) transponder referred to in CANTSO-C112; (transpondeur mode S) movement area means a part of an aerodrome that is intended to be used for the surface movement of aircraft, and includes the manoeuvring area and aprons; (aire de mouvement) night means the time between the end of evening civil twilight and the beginning of morning civil twilight; (nuit) non-piloted aircraft [Repealed, SOR/2003-271, s. 1] non-precision approach means an instrument approach by an aircraft using azimuth information; (approche de non-précision) Northern Domestic Airspace means the airspace so specified, and delineated, in the Designated Airspace Handbook; (espace aérien intérieur du Nord) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 NOTAM means a notice to airmen concerning the establishment or condition of, or change in, any aeronautical facility, service or procedure, or any hazard affecting aviation safety, the knowledge of which is essential to personnel engaged in flight operations; (NOTAM) obstacle limitation surface means a surface that establishes the limit to which objects may project into an aerodrome’s airspace, so that aircraft operations for which the aerodrome is intended may be conducted safely, and consists of a transitional surface, a take-off surface, an approach surface and an outer surface; (surface de limitation d’obstacles) offshore operations flight means a flight that is conducted to or from an offshore location and that is (a) a flight in support of offshore oil, gas or mineral exploitation, (b) a sea-pilot transfer flight, or (c) a search and rescue flight; (vol d’exploitation extracôtière) one-engine-inoperative take-off distance means the distance from the start of the take-off roll to the point at which the aeroplane reaches 35 feet above the runway elevation, where failure of the critical engine is recognized at V1; (distance de décollage avec un moteur inopérant) one-engine-inoperative take-off run means the distance from the start of the take-off roll to the point midway between the lift-off point and the point at which the aeroplane reaches 35 feet above the runway elevation, where failure of the critical engine is recognized at V1; (roulement au décollage avec un moteur inopérant) operator, in respect of an aircraft, means the person that has possession of the aircraft as owner, lessee or otherwise; (utilisateur) operator in respect of an airport or heliport, means the holder of the appropriate Canadian aviation document that is in force with respect to the airport or heliport or the person in charge of the airport or heliport, whether as employee, agent or representative of the holder of the Canadian aviation document; (exploitant) ornithopter means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on planes to which a flapping motion is imparted; (ornithoptère) overhaul means a restoration process that includes the disassembly, inspection, repair or replacement of parts, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 reassembly, adjustment, refinishing and testing of an aeronautical product, and ensures that the aeronautical product is in complete conformity with the service tolerances specified in the applicable instructions for continued airworthiness; (révision majeure) owner, in respect of an aircraft or remotely piloted aircraft system, means the person who has legal custody and control of the aircraft or system; (propriétaire) part design approval means a document issued by the Minister to record the approval of the design of a replacement part, identified by a part number or by some other means of identification unique to the part, for use on an aeronautical product that is identified by type or model; (approbation de la conception de pièce) passenger means a person, other than a crew member, who is carried on board an aircraft; (passager) PED or portable electronic device means any lightweight, electrically powered electronic device capable of transmitting or producing electromagnetic signals; (PED ou appareil électronique portatif) permanent resident means a permanent resident as defined in subsection 2(1) of the Immigration Act; (résident permanent) personal flotation device [Repealed, SOR/2019-49, s. 1] pilot self-dispatch means the responsibility of the pilotin-command for all decisions respecting the operational flight plan and for the flight watch; (régulation du vol par le pilote) positioning means the transfer of a flight crew member from one location to another, at the request of an air operator, but does not include travel to or from suitable accommodation or the member’s lodging; (mise en place) powered glider means an aeroplane that, with engines inoperative, has the flight characteristics of a glider; (planeur propulsé) powered parachute aircraft means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces of a flexible parachute-type aerofoil; (aéronef pour parachute entraîné par moteur) precision approach means an instrument approach by an aircraft using azimuth and glide path information; (approche de précision) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 primary structure means a structure that carries flight, ground or pressure loads; (structure primaire) private aircraft means an aircraft that is registered as a private aircraft pursuant to sections 202.16 and 202.17; (aéronef privé) private operator means the holder of a private operator registration document; (exploitant privé) private operator certificate [Repealed, SOR/2014-131, s. 1] private operator registration document means a document issued under subsection 604.04(2); (document d’enregistrement d’exploitant privé) protective breathing equipment means equipment designed to cover the eyes, nose and mouth of the wearer, or the nose and mouth where accessory equipment is provided to protect the eyes, and to protect the wearer from the effects of smoke, carbon dioxide or other harmful gases; (inhalateur protecteur) quick-donning mask means an oxygen mask that can be secured by a person using one hand on the person’s face within five seconds, and that provides an immediate supply of oxygen; (masque à mise rapide) registered aerodrome means an aerodrome registered by the Minister pursuant to Subpart 1 of Part III; (aérodrome enregistré) remotely piloted aircraft means a navigable aircraft, other than a balloon, rocket or kite, that is operated by a pilot who is not on board; (aéronef télépiloté) remotely piloted aircraft system or RPAS means a set of configurable elements consisting of a remotely piloted aircraft, its control station, the command and control links and any other system elements required during flight operation; (système d’aéronef télépiloté ou SATP) repair means the rectification of deficiencies in an aeronautical product or the restoration of an aeronautical product to an airworthy condition; (réparation) repair design approval means a document, including a repair design certificate issued before December 1, 2009 under section 513.11 or 513.22, issued by the Minister to record the approval of (a) a repair design in respect of a repair to an aeronautical product identified in the document by a serial number, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 (b) a repair process in respect of a repair to an aeronautical product or any of its components, identified in the document by a serial number, by a part number or by some other identification unique to the component; (approbation de la conception de réparation) repair design certificate [Repealed, SOR/2009-280, s. 1] reportable service difficulty means a service difficulty that affects or that, if not corrected, is likely to affect the safety of an aircraft, its occupants or any other person; (difficulté en service à signaler) required inspection means an inspection of an aeronautical product that is required by a maintenance schedule, an airworthiness limitation or an airworthiness directive, except where the airworthiness directive specifies that the inspection may be performed by a flight crew member; (inspection obligatoire) required take-off distance means the one-engine-inoperative take-off distance or 115 per cent of the all-engines-operating take-off distance, whichever is greater; (distance de décollage exigée) required take-off run means the one-engine-inoperative take-off run or 115 per cent of the all-engines-operating take-off run, whichever is greater; (roulement au décollage exigé) required visual reference, in respect of an aircraft on an approach to a runway, means that portion of the approach area of the runway or those visual aids that, when viewed by the pilot of the aircraft, enable the pilot to make an assessment of the aircraft position and rate of change of position, in order to continue the approach and complete a landing; (référence visuelle requise) rest period means the continuous period during which a flight crew member is off duty, excluding the travel time to or from suitable accommodation provided by a private operator or air operator; (période de repos) restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of aircraft is restricted in accordance with certain conditions specified in that Handbook; (espace aérien réglementé) Restricted Canada Air Pilot means an aeronautical information publication published by NAV CANADA that contains information on restricted instrument procedures; (Canada Air Pilot restreint) rocket means a projectile that contains its own propellant and that depends for its flight on a reaction set up by Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 the release of a continuous jet of rapidly expanding gases; (fusée) runway visibility means the distance along a runway over which a person can see and recognize a visibility marker or lights having an intensity of more or less 1,000 candelas; (visibilité sur la piste) RVR or runway visual range means the range over which the pilot of an aircraft on the centre line of a runway can expect to see the runway surface markings or the lights delineating the runway or identifying that centre line; (RVR ou portée visuelle de piste) RVR A, in respect of a runway, means RVR detection equipment that is located adjacent to the runway threshold; (RVR « A ») RVR B, in respect of a runway, means RVR detection equipment that is located adjacent to the runway midpoint; (RVR « B ») RVSM airspace or Reduced Vertical Separation Minimum airspace means airspace where a vertical separation minimum of 1,000 feet applies, whose horizontal and vertical limits are (a) in respect of Canadian airspace, specified in the Designated Airspace Handbook, and (b) in respect of foreign airspace, designated or otherwise recognized by the competent aviation authority of the foreign country; (espace aérien RVSM ou espace aérien à espacement minimum vertical réduit) safety belt means a personal restraint system consisting of either a lap strap or a lap strap combined with a shoulder harness; (ceinture de sécurité) safety management system means a documented process for managing risks that integrates operations and technical systems with the management of financial and human resources to ensure aviation safety or the safety of the public; (système de gestion de la sécurité) safety pilot means a pilot who acts as a lookout for another pilot operating an aircraft in simulated instrument flight; (pilote de sécurité) SCATANA plan or Security Control of Air Traffic and Navigation Aids Plan [Repealed, SOR/2002-352, s. 1] SCDA non-precision approach means stabilized constant-descent-angle non-precision approach; (approche de non-précision SCDA) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 scheduled maintenance means any maintenance performed at predetermined intervals pursuant to these Regulations, a maintenance schedule or an airworthiness directive; (maintenance planifiée) seaplane means an aeroplane that is capable of normal operations on water; (hydravion) serviceable, in respect of an aircraft or aircraft part, means fit and safe for flight; (en état de service) service difficulty means a failure or malfunction of, or defect in, an aeronautical product; (difficulté en service) servicing, in respect of an aeronautical product, means cleaning, lubricating and the replenishment of fluids not requiring the disassembly of the product; (entretien courant) shoulder harness means any device that is used to restrain the upper torso of a person and that consists of a single diagonal upper torso strap or dual upper torso straps; (ceinture-baudrier) sightseeing operation means aerial work in the course of which passengers are disembarked at the point of departure; (excursion aérienne) small aircraft means an aeroplane having a maximum permissible take-off weight of 5 700 kg (12,566 pounds) or less, or a helicopter having a maximum permissible takeoff weight of 2 730 kg (6,018 pounds) or less; (petit aéronef) small remotely piloted aircraft means a remotely piloted aircraft that has a maximum take-off weight of at least 250 g (0.55 pounds) but not more than 25 kg (55 pounds); (petit aéronef télépiloté) Southern Domestic Airspace means that airspace so specified, and delineated, in the Designated Airspace Handbook; (espace aérien intérieur du Sud) special aviation event means an air show, a low level air race, an aerobatic competition, a fly-in or a balloon festival; (manifestation aéronautique spéciale) special VFR flight means a VFR flight authorized by an air traffic control unit that is conducted within a control zone under VMC in accordance with Division VI of Subpart 2 of Part VI; (vol VFR spécial) specialty air services means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance and aerial spraying services; (services aériens spécialisés) Standard 621 means the Obstruction Marking and Lighting Standard of the General Operating and Flight Rules Standards, published by the Department of Transport; (norme 621) standard of airworthiness, in respect of the design, manufacture or maintenance of an aeronautical product, means the description, in terms of a minimum standard, of the properties and attributes of the configuration, material and performance or physical characteristics of that aeronautical product, and includes the procedures to ascertain compliance with or to maintain that minimum standard, as specified in Part V; (norme de navigabilité) standard part, in respect of an aircraft, means a part manufactured in conformity with a specification that (a) is established, published and maintained by an organization setting consensus standards or by a government agency, and (b) includes design, manufacturing, test and acceptance criteria and identification requirements; (pièce standard) standard pressure region means all of the Canadian Domestic Airspace not within the altimeter setting region; (région d’utilisation de la pression standard) station means a facility used for providing aeronautical information or services; (station) stopway means a rectangular area on the ground at the end of a runway in the direction of take-off and having the same width as the runway, prepared as a suitable area for stopping an aeroplane in the case of a rejected take-off; (prolongement d’arrêt) suitable accommodation means a single-occupancy bedroom that is subject to a minimal level of noise, is well ventilated and has facilities to control the levels of temperature and light or, where such a bedroom is not available, an accommodation that is suitable for the site and season, is subject to a minimal level of noise and provides adequate comfort and protection from the elements; (poste de repos approprié) supplemental type certificate means a document, including a limited supplemental type approval and a supplemental type approval issued before October 10, 1996 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 under section 214 of the Air Regulations and a limited supplemental type certificate issued before December 1, 2009 under section 513.11 or 513.22, issued by the Minister to record the approval of a change to the type design of (a) an aeronautical product identified in the document by a single serial number, (b) several aeronautical products of the same type or model, approved under a single type certificate and identified in the document by their serial numbers, or (c) several aeronautical products of differing types or models, approved under separate type certificates and identified in the document; (certificat de type supplémentaire) surface means any ground or water, including the frozen surface thereof; (surface) take-off means (a) in respect of an aircraft other than an airship, the act of leaving a supporting surface, and includes the take-off run and the acts immediately preceding and following the leaving of that surface, and (b) in respect of an airship, the act of freeing the airship from restraint, and includes the acts immediately preceding and following the freeing of that airship from restraint; (décollage) TAWS or Terrain Awareness Warning System means an aircraft system that is intended to provide a flight crew with both aural and visual alerts to aid in preventing controlled flight into terrain, obstacles or water; (TAWS ou système d’avertissement et d’alarme d’impact) terminal control area means controlled airspace that is established in the vicinity of a major aerodrome and within which an air traffic control service is provided based on the airspace classification; (région de contrôle terminal) tethered flight, in respect of a balloon, means flight while the balloon is attached to a supporting surface by a restraining device; (vol captif) TODA or take-off distance available means, in respect of a runway, the length of the take-off run available plus, if a clearway is provided, the length of the clearway declared available by the operator of the aerodrome; (TODA ou distance de décollage utilisable) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 TORA or take-off run available means the length of a runway declared available and suitable by the operator of the aerodrome for the ground run of an aeroplane during take-off; (TORA ou distance de roulement utilisable au décollage) track means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in true, magnetic or grid degrees from North; (route) transponder airspace means controlled airspace consisting of the airspace referred to in section 601.03, within which the aircraft equipment requirements prescribed in section 605.35 apply; (espace aérien à utilisation de transpondeur) transport category aircraft means an aeroplane certified pursuant to Chapter 525 of the Airworthiness Manual or an equivalent foreign airworthiness standard, or a helicopter certified pursuant to Chapter 529 of the Airworthiness Manual or an equivalent foreign airworthiness standard; (aéronef de catégorie transport) true Mach number means the ratio of the true air speed of an aircraft to the local speed of sound at the flight altitude; (nombre de Mach vrai) TSO-C112 [Repealed, SOR/2009-280, s. 1] TSO-C118 [Repealed, SOR/2009-280, s. 1] TSO-C119a [Repealed, SOR/2009-280, s. 1] TSO-C119b [Repealed, SOR/2009-280, s. 1] type means (a) when used in reference to personnel licensing, a specific make and model of aircraft, including modifications thereto that do not change its handling or flight charateristics, and (b) when used in reference to the certification of aircraft, a classification of aircraft having similar design characteristics; (type) type certificate means (a) a document, including a type approval issued before October 10, 1996 under section 214 of the Air Regulations, issued by the Minister to certify that the type design of an aircraft, aircraft engine or propeller identified in the document meets the applicable standards for that aeronautical product recorded in the type certificate data sheets, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 (b) a document issued by the foreign airworthiness authority having jurisdiction over the type design of an aeronautical product that is equivalent to a document referred to in paragraph (a) and that has been accepted by the Minister for the purpose of issuing a certificate of airworthiness; (certificat de type) type design means (a) the drawings and specifications, and a listing of those drawings and specifications that are necessary to define the design features of an aeronautical product in compliance with the standards applicable to the aeronautical product, (b) the information on dimensions, materials and manufacturing processes that is necessary to define the structural strength of an aeronautical product, (c) the approved sections of the aircraft flight manual, where required by the applicable standards of airworthiness, (d) the airworthiness limitations section of the instructions for continued airworthiness specified in the applicable chapters of the Airworthiness Manual; and (e) any other data necessary to allow, by comparison, the determination of the airworthiness and, where applicable, the environmental characteristics of later aeronautical products of the same type or model; (définition de type) UHF means ultra-high frequency; (UHF) ultra-light aeroplane means an advanced ultra-light aeroplane or a basic ultra-light aeroplane; (avion ultraléger) unforeseen operational circumstance means an event, such as unforecast adverse weather, or an equipment malfunction or air traffic control delay, that is beyond the control of an air operator or private operator; (circonstance opérationnelle imprévue) unmanned air vehicle [Repealed, SOR/2019-11, s. 1] UTC means Coordinated Universal Time; (UTC) vessel means any ship, boat or other floating structure, other than an aircraft, used for navigation on water; (navire) VFR means visual flight rules; (VFR) VFR aircraft means an aircraft operating in VFR flight; (aéronef VFR) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 VFR flight means a flight conducted in accordance with the visual flight rules; (vol VFR) VFR OTT means VFR over-the-top; (VFR OTT) VHF means very high frequency; (VHF) visibility marker means a dark object of suitable dimensions for use as a reference in evaluating runway visibility; (balise de visibilité) visibility report means a report that may include runway visibility, ground visibility and RVR; (compte rendu de la visibilité) VMC or visual meteorological conditions means meteorological conditions equal to or greater than the minima specified in Division VI of Subpart 2 of Part VI, expressed in terms of visibility and distance from cloud. (VMC ou conditions météorologiques de vol à vue) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Section 101.01 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 1 — Interpretation Interpretation Sections 101.01-103.01 (2) Unless otherwise indicated in these Regulations, any reference to a classification, standard, procedure or other specification that is incorporated by reference is a reference to that classification, standard, procedure or specification as amended from time to time. SOR/98-526, s. 1; SOR/2000-405, s. 1; SOR/2002-112, s. 1; SOR/2002-345, s. 1; 2002-352, s. 1; SOR/2003-123, s. 1; SOR/2003-129, s. 1; SOR/2003-154, s. 1; 2003-271, s. 1; SOR/2005-173, s. 1; SOR/2005-348, s. 1; SOR/2006-77, s. 1; 2006-199, s. 1; SOR/2007-87, s. 1; SOR/2007-133, s. 1; SOR/2007-136, s. 1; 2007-290, s. 1; SOR/2009-280, ss. 1, 39; SOR/2011-285, s. 1; SOR/2012-136, s. 1; 2014-131, s. 1; SOR/2015-84, s. 1; SOR/2015-127, s. 1; SOR/2015-160, s. 1; 2018-143-1, s. 1; SOR/2018-269, s. 1; SOR/2019-11, s. 1; SOR/2019-49, s. 1; 2019-118, s. 1; SOR/2019-119, s. 1; SOR/2019-130, s. 1; SOR/2019-296, s. 1; 2020-150, s. 1; SOR/2020-151, s. 1; SOR/2020-253, s. 1(F); SOR/2021-269, s. 1. SOR/ SOR/ SOR/ SOR/ SOR/ SOR/ SOR/ SOR/ Subpart 2 — Application Application 102.01 These Regulations do not apply in respect of (a) military aircraft of Her Majesty in right of Canada when they are being manoeuvred under the authority of the Minister of National Defence; (b) military aircraft of a country other than Canada, to the extent that the Minister of National Defence has exempted them from the application of these Regulations pursuant to subsection 5.9(2) of the Act; (b.1) remotely piloted aircraft that are operated indoors or underground; or (c) rockets, hovercraft or wing-in-ground-effect machines, unless otherwise indicated in these Regulations. SOR/2019-11, s. 2; SOR/2019-11, s. 3. Subpart 3 — Administration and Compliance Division I [Repealed, SOR/2019-119, s. 2] 103.01 [Repealed, SOR/2019-119, s. 2] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division II — Compliance Sections 103.02-103.03 Division II — Compliance Inspection of Aircraft, Requests for Production of Documents and Prohibitions 103.02 (1) The owner or operator of an aircraft shall, on reasonable notice given by the Minister, make the aircraft available for inspection in accordance with the notice. (2) Every person who (a) is the holder of a Canadian aviation document, (b) is the owner, operator or pilot-in-command of an aircraft in respect of which a Canadian aviation document, technical record or other document is kept, or (c) has in possession a Canadian aviation document, technical record or other document relating to an aircraft or a commercial air service shall produce the Canadian aviation document, technical record or other document for inspection in accordance with the terms of a demand made by a peace officer, an immigration officer or the Minister. (3) No person shall (a) lend a Canadian aviation document to any person who is not entitled to it by these Regulations, or allow any such person to use a Canadian aviation document; or (b) mutilate, alter or render illegible a Canadian aviation document. (4) For the purposes of this section, other document includes all writings, papers and other records made, held or maintained by the owner, operator or pilot-in-command of an aircraft for the purpose of recording any action, activity, performance or use of the aircraft or any activity of the owner, operator or crew members in respect of that aircraft, whether or not the documents are required by law to be made, held or maintained. Return of Canadian Aviation Documents 103.03 Where a Canadian aviation document has been suspended or cancelled, the person to whom it was issued shall return it to the Minister immediately after the effective date of the suspension or cancellation. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division II — Compliance Sections 103.04-103.06 Record Keeping 103.04 Recording systems, including computer records and microfiche, that do not comprise entries on paper may be used to comply with the record-keeping requirements of these Regulations if (a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and (b) a copy of the records contained in the recording systems can be printed on paper and provided to the Minister on reasonable notice given by the Minister. [103.05 reserved] Division III — Canadian Aviation Documents Notices of Refusal to Issue, Amend or Renew and Notices of Suspension or Cancellation [SOR/2004-131, s. 1] 103.06 (1) A notice issued by the Minister pursuant to subsections 6.9(1) and (2) of the Act shall include (a) a description of the particulars of the alleged contravention; (b) where the Minister has decided to suspend the Canadian aviation document, a statement of the duration of the suspension; and (c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension or cancellation but that an application may be made in writing to the Tribunal, pursuant to subsection 6.9(4) of the Act, to stay the suspension or cancellation until the review of the decision of the Minister has been concluded. (2) A notice issued by the Minister pursuant to subsections 7(1) and (2) of the Act shall include (a) a statement of the effective date of the suspension; (b) a statement of the conditions under which the suspension is terminated; and (c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division III — Canadian Aviation Documents Sections 103.06-103.07 (3) A notice issued by the Minister pursuant to subsections 7.1(1) and (2) of the Act shall include (a) where the Minister has decided to suspend or cancel a Canadian aviation document, a statement of the effective date of the suspension or cancellation; (b) where the Minister has decided to suspend the Canadian aviation document, a statement of the duration of the suspension or the conditions under which the suspension is terminated; and (c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension, cancellation or refusal to renew. (4) A notice issued by the Minister under subsection 6.71(2) of the Act informing an applicant or an owner or operator of an aircraft, aerodrome, airport or other facility of the Minister’s decision made under subsection 6.71(1) of the Act to refuse to issue or amend a Canadian aviation document in respect of the aircraft, aerodrome, airport or other facility shall be in the form set out in Schedule I to this Subpart. SOR/2004-131, s. 2. Administrative Grounds for Suspension, Cancellation or Refusal to Renew 103.07 In addition to the grounds referred to in sections 6.9 to 7.1 of the Act, the Minister may suspend, cancel or refuse to renew a Canadian aviation document where (a) the Canadian aviation document has been voluntarily surrendered to the Minister by its holder; (b) the Canadian aviation document has been mutilated, altered, or rendered illegible; (c) the aircraft in respect of which the Canadian aviation document was issued has been destroyed or withdrawn from use; or (d) the commercial air service, other service or undertaking in respect of which the Canadian aviation document was issued has been discontinued. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division IV — Designated Provisions Section 103.08 Division IV — Designated Provisions Designated Provisions 103.08 (1) The provisions set out in column I of Schedule II to this Subpart are hereby designated as provisions the contravention of which may be dealt with under, and in accordance with the procedure set out in, sections 7.7 to 8.2 of the Act. (2) The amounts set out in column II of Schedule II to this Subpart are the maximum amounts payable in respect of a contravention of the designated provisions set out in column I. (3) A notice issued to a person by the Minister under subsection 7.7(1) of the Act shall specify (a) the particulars of the alleged contravention; (b) that the person on or to whom the notice is served or sent has the option of paying the amount specified in the notice or filing a request for a review with the Tribunal of the alleged contravention or the amount of the penalty; (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on or to whom the notice in respect of that contravention is served or sent; (d) that, if the person on or to whom the notice is served or sent files a request for a review with the Tribunal, that person will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention; and (e) that, if the person on or to whom the notice is served or sent fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period, that person will be deemed to have committed the contravention set out in the notice. SOR/2004-131, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division V — Preservation and Return of Evidence or Aircraft Sections 103.09-103.11 Division V — Preservation and Return of Evidence or Aircraft Preservation and Return of Evidence 103.09 Where the Minister seizes anything pursuant to paragraph 8.7(1)(c) of the Act, the Minister shall (a) mark it in a clearly identifiable manner; (b) take reasonable care to preserve it until it is required to be produced as evidence; and (c) return it to the person from whom it was seized within 90 days after the seizure, where (i) there is no dispute as to who is lawfully entitled to possession of the thing seized, (ii) the return is not likely to affect aviation safety, and (iii) the continued detention of the thing seized is not required for the purposes of an investigation, hearing or other similar proceeding. Preservation and Return of Aircraft 103.10 Where the Minister detains an aircraft pursuant to paragraph 8.7(1)(d) of the Act, the Minister shall (a) take reasonable care to preserve it; and (b) return it to the person who had custody of it when it was detained or to the person who is lawfully entitled to possession of it, where the Minister has reasonable grounds to believe that the aircraft (i) will not be operated, or (ii) is airworthy or will be rendered airworthy prior to operation and will not be operated in an unsafe manner. Interpretation 103.11 Nothing in these Regulations shall be construed as requiring the Minister to make repairs or modifications to anything seized or detained pursuant to paragraph 8.7(1)(c) or (d) of the Act. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division VI — Definition of Principal Section 103.12 Division VI — Definition of Principal Definition of Principal 103.12 For the purposes of paragraphs 6.71(1)(c) and 7.1(1)(c) of the Act, principal means (a) in respect of an air operator, (i) any person who is employed or contracted by the air operator on a full- or part-time basis as the operations manager, the chief pilot or the person responsible for the maintenance control system, or any person who occupies an equivalent position, (ii) any person who exercises control over the air operator as an owner, and (iii) the accountable executive appointed by the air operator under section 106.02; (b) in respect of a private operator, (i) any person who is employed or contracted by the private operator on a full- or part-time basis as the operations manager, maintenance manager or chief pilot, or any person who occupies an equivalent position, and (ii) any person who exercises control over the private operator as an owner; (c) in respect of an approved maintenance organization, (i) any person who is employed or contracted by the approved maintenance organization on a fullor part-time basis as the person responsible for maintenance, (ii) any person who exercises control over the approved maintenance organization as an owner; and (iii) the accountable executive appointed by the approved maintenance organization under section 106.02; (d) in respect of an approved training organization, (i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and (ii) any person who exercises control over the approved training organization as an owner; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division VI — Definition of Principal Section 103.12 (e) in respect of a flight training unit, (i) the chief flight instructor, (ii) any person who is employed or contracted by the flight training unit on a full- or part-time basis as the person responsible for the maintenance control system, (iii) any person who exercises control over the flight training unit as an owner, and (iv) the accountable executive appointed by the flight training unit under section 106.02; (f) in respect of a manufacturer of aeronautical products, (i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and (ii) any person who exercises control over the manufacturer as an owner; (g) in respect of a distributor of aeronautical products, (i) any person who is responsible for the product control system, or any person who occupies an equivalent position, and (ii) any person who exercises control over the distributor as an owner; (h) in respect of an airport, (i) any person who is employed or contracted by its operator on a full- or part-time basis as the airport manager, or any person who occupies an equivalent position, (ii) any person who exercises control over the airport as an owner, and (iii) the accountable executive appointed by its operator under paragraph 106.02(1)(a); and (i) in respect of a provider of air traffic services, (i) any person who is employed or contracted by the provider of air traffic services on a full- or parttime basis as the operations manager, or any person who occupies an equivalent position, (ii) any person who exercises control over the provider of air traffic services as an owner, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE I Section 103.12 (iii) the accountable executive appointed by the provider of air traffic services under paragraph 106.02(1)(a). SOR/2005-173, s. 7; SOR/2007-290, s. 2; SOR/2014-131, s. 3. SCHEDULE I (Subsection 103.06(4)) Notice of Refusal to Issue or Amend a Canadian Aviation Document Pursuant to section 6.71 of the Aeronautics Act, the Minister of Transport has decided to refuse to issue or amend the Canadian aviation document identified below. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Canadian aviation document The grounds for the Minister’s decision are set out in Appendix A. If you wish a review of the Minister’s decision by the Transportation Appeal Tribunal of Canada, you must file a request in writing with the Tribunal on or before the date that is indicated above. Requests for review may be filed with the Transportation Appeal Tribunal of Canada, 333 Laurier Avenue West, Room 1201, Ottawa, Ontario K1A 0N5 (tel.: (613) 990-6906). On receipt of your request, the Tribunal will set a time and place for a hearing into the Minister’s grounds for the decision to refuse to issue or amend the above-noted Canadian aviation document. You will be afforded a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the Minister’s grounds before the Tribunal makes its determination. The Tribunal has prepared a booklet entitled Guide for Applicants, which you may obtain from the Tribunal. The particulars set out in this notice are also available in the other official language from the Transport Canada Regional Office indicated above. For the Minister of Transport Appendix A □ Incompetence (par. 6.71(1)(a)) □ Qualifications or conditions necessary for issuance or amendment not met or fulfilled (par. 6.71(1)(b)) □ Public interest reasons for refusal (par. 6.71(1)(c)) Details of Minister’s grounds for the decision indicated above: SOR/2004-131, s. 4; SOR/2015-160, s. 2. SCHEDULE II (Subsections 103.08(1) and (2)) Column I Designated Provision PART I — GENERAL PROVISIONS SUBPART 3 — ADMINISTRATION AND COMPLIANCE Subsection 103.02(1) Subsection 103.02(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 103.02(3) Section 103.03 SUBPART 5 — AERIAL SIGHTSEEING FLIGHTS Subsection 105.01(2) SUBPART 6 — ACCOUNTABLE EXECUTIVE Subsection 106.02(1) Subsection 106.02(2) SUBPART 7 — SAFETY MANAGEMENT SYSTEM REQUIREMENTS Section 107.02 SUBPART 8 — [RESERVED] SUBPART 9 — AIRCRAFT UNDER AN AGREEMENT FOR TRANSFER FUNCTIONS AND DUTIES IN ACCORDANCE WITH ARTICLE 83 BIS O CONVENTION Subsection 109.03(2) Section 109.05 PART II — AIRCRAFT IDENTIFICATION AND REGISTRATION AND OPERATION OF A LEASED AIRCRAFT BY A NON-REGISTERED OWN SUBPART 1 — IDENTIFICATION OF AIRCRAFT AND OTHER AERONAUTICAL PRODUCTS Subsection 201.01(1) Subsection 201.01(2) Subsection 201.01(7) Section 201.02 Subsection 201.03(1) Subsection 201.03(4) Subsection 201.03(6) Subsection 201.04(3) Subsection 201.05(1) Subsection 201.06(1) Subsection 201.07(1) Subsection 201.09(1) Subsection 201.10(1) Subsection 201.10(2) Subsection 201.10(3) Subsection 201.10(4) Subsection 201.10(5) Subsection 201.11(1) Subsection 201.12(1) Subsection 201.12(3) Subsection 201.12(5) SUBPART 2 — AIRCRAFT MARKING AND REGISTRATION Subsection 202.01(1) Subsection 202.01(4) Subsection 202.03(3) Subsection 202.03(4) Subsection 202.04(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 202.05(2) Subsection 202.06(2) Subsection 202.07(1) Subsection 202.13(2) Subsection 202.14(3) Section 202.26 Subsection 202.28(2) Subsection 202.35(2) Subsection 202.37(1) Section 202.38 Subsection 202.42(1) Subsection 202.43(2) Subsection 202.46(2) Subsection 202.46(3) Section 202.51 Section 202.52 Subsection 202.58(1) Section 202.61 Section 202.62 SUBPART 3 — OPERATION OF A LEASED AIRCRAFT BY A NONREGISTERED OWNER Subsection 203.03(1) Subsection 203.03(4) Subsection 203.03(5) Subsection 203.04(1) Subsection 203.04(2) Subsection 203.06(1) Subsection 203.06(2) Subsection 203.07(1) Subsection 203.07(2) Subsection 203.09 PART III — AERODROMES AND AIRPORTS SUBPART 1 — AERODROMES Section 301.02 Subsection 301.03(3) Subsection 301.04(1) Subsection 301.04(2) Subsection 301.04(4) Subsection 301.04(5) Subsection 301.04(6) Subsection 301.04(7) Section 301.05 Subsection 301.06(1) Subsection 301.06(2) Subsection 301.07(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 301.07(5) Subsection 301.07(6) Subsection 301.07(7) Subsection 301.07(8) Subsection 301.07(9) Subsection 301.07(11) [Repealed, SOR/2009-268, s. 3] SUBPART 2 — AIRPORTS Subsection 302.07(1) Subsection 302.07(2) Subsection 302.07(3) Subsection 302.08(1) Subsection 302.08(5) Section 302.09 Subsection 302.202(1) Subsection 302.202(2) Paragraph 302.202(3)(a) Paragraph 302.202(3)(b) Paragraph 302.202(4)(a) Paragraph 302.202(4)(b) Subsection 302.203(1) Subsection 302.203(2) Section 302.204 Section 302.205 Subsection 302.206(1) Subsection 302.206(3) Subsection 302.206(4) Subsection 302.207(1) Subsection 302.207(2) Subsection 302.207(3) Subsection 302.208(2) Subsection 302.208(3) Subsection 302.208(4) Subsection 302.208(5) Subsection 302.208(6) Subsection 302.208(7) Subsection 302.208(9) Subsection 302.208(10) Subsection 302.208(11) Subsection 302.208(12) Subsection 302.208(13) Subsection 302.208(14) Subsection 302.303(1) Subsection 302.303(3) Subsection 302.304(1) Subsection 302.304(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 302.304(4) Subsection 302.305(1) Subsection 302.305(2) Subsection 302.305(3) Subsection 302.305(5) Subsection 302.305(6) Subsection 302.307(1) Subsection 302.307(2) Section 302.308 Section 302.403 Subsection 302.406(1) Subsection 302.406(2) Subsection 302.407(1) Subsection 302.407(2) Subsection 302.410(1) Subsection 302.410(4) Paragraph 302.412(1)(a) Paragraph 302.412(1)(b) Subsection 302.412(2) Subsection 302.412(3) Section 302.413 Section 302.414 Subsection 302.415(1) Subsection 302.415(2) Subsection 302.416(1) Paragraph 302.417(1)(a) Paragraph 302.417(1)(b) Paragraph 302.417(1)(c) Paragraph 302.417(1)(d) Paragraph 302.417(1)(e) Subsection 302.417(2) Subsection 302.418(1) Subsection 302.418(2) Subsection 302.418(3) Section 302.419 Subsection 302.503(2) Subsection 302.503(3) Section 302.504 Subsection 302.600(5) Subsection 302.601(2) Section 302.603 SUBPART 3 — AIRCRAFT RESCUE AND FIRE FIGHTING AT AIRPORT AND AERODROMES Subsection 303.03(1) Subsection 303.03(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 303.04(1) Subsection 303.04(2) Subsection 303.04(3) Subsection 303.04(4) Subsection 303.06(1) Subsection 303.06(2) Subsection 303.06(3) Subsection 303.06(4) Subsection 303.06(7) Subsection 303.07(1) Section 303.08 Section 303.09 Subsection 303.10(2) Subsection 303.10(3) Subsection 303.11(2) Section 303.12 Section 303.13 Section 303.14 Section 303.15 Subsection 303.16(1) Subsection 303.16(2) Section 303.17 Subsection 303.18(1) Subsection 303.18(2) Subsection 303.18(3) Subsection 303.18(5) Subsection 303.18(6) Subsection 303.18(7) Section 303.19 Section 303.20(1) Section 303.20(2) SUBPART 4 — [RESERVED] SUBPART 5 — HELIPORTS Section 305.03 Section 305.05 Subsection 305.10(1) Subsection 305.10(2) Subsection 305.10(3) Subsection 305.17(1) Subsection 305.17(2) Subsection 305.17(3) Subsection 305.17(4) Subsection 305.17(5) Subsection 305.18(1) Subsection 305.18(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 305.19 Section 305.20 Subsection 305.25(1) Subsection 305.25(2) Subsection 305.25(3) Subsection 305.25(4) Subsection 305.25(5) Subsection 305.25(6) Subsection 305.29(1) Subsection 305.29(2) Subsection 305.29(3) Subsection 305.29(4) Subsection 305.29(5) Subsection 305.31(1) Subsection 305.31(2) Subsection 305.33(1) Subsection 305.33(2) Subsection 305.33(3) Subsection 305.33(4) Subsection 305.33(6) Subsection 305.33(7) Subsection 305.33(8) Subsection 305.33(9) Subsection 305.33(10) Subsection 305.33(11) Subsection 305.33(12) Subsection 305.33(13) Subsection 305.33(14) Subsection 305.35(1) Subsection 305.35(2) Subsection 305.35(3) Subsection 305.35(4) Subsection 305.37(1) Subsection 305.37(2) Subsection 305.37(3) Subsection 305.37(4) Subsection 305.37(5) Subsection 305.38(1) Subsection 305.39(1) Subsection 305.39(2) Subsection 305.39(3) Subsection 305.41(1) Subsection 305.41(2) Subsection 305.41(3) Subsection 305.41(4) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 305.41(5) Subsection 305.43(1) Subsection 305.43(2) Subsection 305.43(3) Subsection 305.43(4) Subsection 305.43(5) Subsection 305.45(1) Subsection 305.45(2) Subsection 305.45(3) Subsection 305.45(4) Subsection 305.45(5) Subsection 305.45(6) Subsection 305.45(7) Subsection 305.45(8) Subsection 305.46(1) Subsection 305.46(2) Section 305.47 Section 305.48 Section 305.49 Subsection 305.53(2) Subsection 305.54(1) Subsection 305.54(2) Subsection 305.54(3) Section 305.55 Section 305.56 Section 305.57 SUBPART 7 — AERODROMES – CONSULTATIONS Section 307.03 Section 307.05 Section 307.06 Section 307.07 Section 307.08 Section 307.09 Subsection 307.10(1) SUBPART 8 [Repealed, SOR/2006-86, s. 1] PART IV — PERSONNEL LICENCING AND TRAINING Subsection 400.05(1) Section 400.07 SUBPART 1 — FLIGHT CREW PERMITS, LICENCES AND RATINGS Subsection 401.03(1) Section 401.04 Subsection 401.05(1) Subsection 401.05(2) Subsection 401.05(3) Subsection 401.05(4) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 401.05(6) Subsection 401.08(3) Subsection 401.11(1) Subsection 401.15(1) Subsection 401.28(1) Subsection 401.30(3) Subsection 401.31(3) Section 401.62 Subsection 401.63(1) Subsection 401.63(2) Section 401.64 SUBPART 2 — AIR TRAFFIC CONTROLLER LICENCES AND RATINGS Subsection 402.04(1) Section 402.05 Section 402.16 SUBPART 3 — AIRCRAFT MAINTENANCE ENGINEER LICENCES AN RATINGS Subsection 403.02(1) Subsection 403.05(1) Subsection 403.05(2) Subsection 403.08(1) SUBPART 4 — MEDICAL REQUIREMENTS Subsection 404.03(1) SUBPART 5 — FLIGHT TRAINING Section 405.11 Section 405.13 Subsection 405.21(1) Section 405.22 Section 405.23 Section 405.24 Section 405.31 Section 405.32 Subsection 405.33(1) Subsection 405.33(2) Subsection 405.33(3) SUBPART 6 — FLIGHT TRAINING UNITS Subsection 406.03(1) Subsection 406.03(3) Subsection 406.05(1) Subsection 406.05(2) Section 406.14 Subsection 406.19(1) Subsection 406.19(5) Subsection 406.21(1) Subsection 406.21(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 406.22 Section 406.22.1 Section 406.22.2 Section 406.22.3 Section 406.23 Section 406.24 Section 406.25 Section 406.26 Section 406.31 Section 406.32 Section 406.33 Section 406.34 Section 406.35 Subsection 406.36(1) Section 406.37 Subsection 406.38(1) Subsection 406.39(1) Subsection 406.39(2) Section 406.40 Section 406.41 Section 406.42 Section 406.43 Section 406.44 Section 406.45 Subsection 406.46(1) Subsection 406.46(2) Subsection 406.47(1) Subsection 406.47(2) [Repealed, SOR/2005-173, s. 3] Subsection 406.47(3) Section 406.50 Subsection 406.51(1) Subsection 406.51(2) Section 406.52 Section 406.53 Section 406.54 Section 406.55 Section 406.56 Section 406.57 Subsection 406.58(1) Subsection 406.58(2) Subsection 406.61(1) Subsection 406.61(3) Subsection 406.61(4) Subsection 406.61(6) Subsection 406.61(7) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 406.61(9) Subsection 406.61(10) Subsection 406.62(1) Subsection 406.62(3) Subsection 406.62(4) Subsection 406.63(1) Subsection 406.63(2) Section 406.64 Subsection 406.71(2) Section 406.76 PART V — AIRWORTHINESS SUBPART 1 — ANNUAL AIRWORTHINESS INFORMATION REPORT Subsection 501.01(1) Section 501.02 Section 501.03 SUBPART 9 — EXPORT AIRWORTHINESS CERTIFICATES Section 509.05 SUBPARTS 11 AND 13 [Repealed, SOR/2009-280, s. 3] SUBPART 21 — APPROVAL OF THE TYPE DESIGN OR A CHANGE TO TYPE DESIGN OF AN AERONAUTICAL PRODUCT Section 521.353 Section 521.354 Subsection 521.355(1) Subsection 521.355(2) Section 521.356 Section 521.365 Subsection 521.366(1) Subsection 521.366(2) Subsection 521.367(1) Subsection 521.367(2) Subsection 521.367(3) Section 521.368 Subsection 521.369(2) Subsection 521.369(6) Subsection 521.401(1) Subsection 521.402(1) Subsection 521.402(3) SUBPART 61 — MANUFACTURE OF AERONAUTICAL PRODUCTS Subsection 561.04(1) Subsection 561.04(5) Subsection 561.04(7) Section 561.05 Subsection 561.07(1) Subsection 561.07(2) Subsection 561.07(5) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 561.07(7) Subsection 561.07(8) Subsection 561.07(10) Subsection 561.08(1) Subsection 561.08(3) Subsection 561.09(1) Subsection 561.09(2) Subsection 561.09(3) Subsection 561.10(1) Subsection 561.10(2) Section 561.11 Subsection 561.12(1) Subsection 561.12(3) Subsection 561.13(1) Subsection 561.13(3) Subsection 561.14(1) Subsection 561.14(2) Section 561.15 Section 561.16 SUBPART 71 — AIRCRAFT MAINTENANCE REQUIREMENTS Subsection 571.02(1) Subsection 571.02(2) Subsection 571.02(3) Section 571.03 Section 571.04 Section 571.05 Subsection 571.06(1) Subsection 571.06(2) Subsection 571.06(3) Subsection 571.06(5) Subsection 571.07(1) Subsection 571.08(1) Subsection 571.08(2) Subsection 571.09(1) Subsection 571.09(2) Subsection 571.10(1) Subsection 571.10(5) Subsection 571.11(1) Subsection 571.11(3) Subsection 571.11(4) Subsection 571.11(6) Section 571.12 Section 571.13(1) SUBPART 73 — APPROVED MAINTENANCE ORGANIZATIONS Subsection 573.03(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 573.03(2) [Repealed, SOR/2005-173, s. 4] Subsection 573.03(3) [Repealed, SOR/2005-357, s. 2] Subsection 573.03(6) Subsection 573.03(7) Subsection 573.05(1) Subsection 573.05(2) Subsection 573.06(1) Subsection 573.07(1) Subsection 573.07(2) Subsection 573.08(1) Subsection 573.08(2) Subsection 573.08(3) Subsection 573.08(4) Section 573.09(1) Subsection 573.10(1) Subsection 573.10(3) Subsection 573.10(5) Subsection 573.10(6) Subsection 573.10(7) Subsection 573.10(8) Subsection 573.11(1) Subsection 573.11(4) Section 573.12 Subsection 573.14(1) Subsection 573.14(2) Section 573.15 SUBPART 91 [Repealed, SOR/2009-280, s. 4] PART VI — GENERAL OPERATING AND FLIGHT RULES SUBPART 1 — AIRSPACE Subsection 601.04(2) Subsection 601.05(1) Subsection 601.06(1) Subsection 601.07(1) Subsection 601.07(3) Subsection 601.08(1) Subsection 601.09(1) Section 601.15 Subsection 601.19(1) Section 601.20 Subsection 601.21(1) Subsection 601.22(1) Subsection 601.24(1) Paragraph 601.24(2)(a) Paragraph 601.24(2)(b) Paragraph 601.25(2)(a) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Paragraph 601.25(2)(b) Section 601.26 Section 601.28 Section 601.29 SUBPART 2 — OPERATING AND FLIGHT RULES Section 602.01.1 Section 602.02 Section 602.03 Subsection 602.04(3) Subsection 602.04(4) Subsection 602.05(2) Section 602.07 Subsection 602.08(1) Section 602.09 Subsection 602.10(1) Subsection 602.10(2) Subsection 602.11(2) Subsection 602.11(4) Subsection 602.11(5) Subsection 602.11(6) Subsection 602.11(7) Section 602.12(2) Section 602.12(3) Subsection 602.13(1) Subsection 602.14(2) Subsection 602.16(1) Subsection 602.16(2) Section 602.17 Subsection 602.18(1) Subsection 602.18(2) Subsection 602.19(1) Subsection 602.19(2) Subsection 602.19(3) Subsection 602.19(4) Subsection 602.19(5) Subsection 602.19(6) Subsection 602.19(7) Subsection 602.19(8) Subsection 602.19(9) Subsection 602.19(10) Subsection 602.20(1) Subsection 602.20(2) Subsection 602.20(3) Section 602.21 Section 602.22 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 602.23 Section 602.24 Subsection 602.25(2) Section 602.26 Section 602.27 Section 602.28 Subsection 602.29(1) Section 602.30 Subsection 602.31(1) Subsection 602.31(4) Paragraph 602.32(1)(a) Paragraph 602.32(1)(b) Section 602.33 Subsection 602.34(2) Section 602.35 Subsection 602.36(1) Subsection 602.36(2) Section 602.37 Section 602.38 Section 602.39 Subsection 602.40(1) Section 602.41 Section 602.42 Section 602.43 Section 602.46 Section 602.58 Subsection 602.59(1) Subsection 602.60(1) Subsection 602.60(4) Subsection 602.61(1) Subsection 602.62(1) Subsection 602.62(2) Subsection 602.62(3) Subsection 602.63(1) Subsection 602.63(2) Subsection 602.63(4) Subsection 602.63(5) Subsection 602.63(7) Subsection 602.64(1) Subsection 602.64(2) Subsection 602.64(3) Subsection 602.66(1) Subsection 602.66(2) Subsection 602.66(3) Section 602.71 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 602.72 Subsection 602.73(1) Subsection 602.73(2) Subsection 602.73(4) Subsection 602.76(2) Subsection 602.76(4) Subsection 602.77(1) Subsection 602.77(2) Subsection 602.86(1) Subsection 602.86(2) Section 602.87 Subsection 602.88(2) Subsection 602.89(1) Subsection 602.89(2) Subsection 602.89(3) Subsection 602.96(2) Subsection 602.96(3) Subsection 602.96(4) Subsection 602.96(6) Subsection 602.97(1) Subsection 602.97(2) Subsection 602.98(1) Subsection 602.98(2) Section 602.99 Section 602.100 Section 602.101 Section 602.102 Section 602.103 Subsection 602.104(2) Section 602.105 Subsection 602.106(1) Section 602.114 Section 602.115 Subsection 602.121(1) Subsection 602.121(2) Section 602.122 Section 602.123 Subsection 602.124(1) Subsection 602.124(2) Subsection 602.125(1) Subsection 602.126(1) Subsection 602.127(1) Subsection 602.127(2) Subsection 602.128(1) Subsection 602.128(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 602.128(3) Subsection 602.128(4) Subsection 602.129(4) Subsection 602.129(5) Subsection 602.130(2) Subsection 602.134(2) Subsection 602.134(3) Subsection 602.134(4) Subsection 602.134(5) Section 602.135 Section 602.136 Subsection 602.137(1) Subsection 602.137(2) Section 602.138 Section 602.143 Subsection 602.144(1) Subsection 602.144(3) Subsection 602.144(4) Subsection 602.145(3) Subsection 602.145(4) Subsection 602.145(5) Subsection 602.146(2) Subsection 602.150(1) Section 602.152 [Repealed, SOR/2010-304, s. 1] Subsection 602.153(1) [Repealed, SOR/2010-304, s. 1] Section 602.156 [Repealed, SOR/2010-304, s. 1] Subsections 602.157(1) and (2) [Repealed, SOR/2010-304, s. 1] Section 602.162 [Repealed, SOR/2010-304, s. 1] SUBPART 3 — SPECIAL FLIGHT OPERATIONS Section 603.01 Section 603.05 Section 603.06 Section 603.07 Section 603.08 Section 603.09 Section 603.17 Section 603.21 Section 603.22 Section 603.23 Subsection 603.24(1) Subsection 603.24(2) Section 603.25 Section 603.66 SUBPART 4 — PRIVATE OPERATORS Section 604.03 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 604.06 Section 604.07 Section 604.08 Subsection 604.09(1) Subsection 604.25(1) Subsection 604.25(4) Subsection 604.26(1) Subsection 604.26(2) Section 604.27 Section 604.28 Subsection 604.36(1) Subsection 604.36(2) Subsection 604.38(1) Subsection 604.38(2) Subsection 604.38(3) Subsection 604.47(1) Section 604.50 Section 604.51 Section 604.52 Section 604.53 Section 604.54 Subsection 604.55(1) Subsection 604.55(2) Subsection 604.55(4) Section 604.56 Section 604.57 Section 604.58 Section 604.59 Section 604.60 Subsection 604.74(2) Subsection 604.81(1) [Repealed, SOR/2015-127, s. 2] Subsection 604.82(1) Subsection 604.82(2) Subsection 604.82(3) Subsection 604.82(4) Subsection 604.83(1) Subsection 604.83(2) Subsection 604.85(1) Subsection 604.85(4) Subsection 604.85(7) Subsection 604.86(1) Subsection 604.86(2) Subsection 604.98(1) Subsection 604.99(1) Subsection 604.99(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 604.99(3) Section 604.104 Section 604.105 Subsection 604.106(1) Subsection 604.106(3) Subsection 604.106(4) Subsection 604.106(5) Subsection 604.116(1) Subsection 604.116(2) Subsection 604.117(1) Subsection 604.117(2) Subsection 604.118(1) Section 604.119 Section 604.127 Subsection 604.128(1) Subsection 604.128(2) Subsection 604.128(3) Section 604.129 Section 604.130 Section 604.131 Subsection 604.132(1) Subsection 604.132(2) Subsection 604.141(1) Subsection 604.141(2) Subsection 604.142(1) Subsection 604.142(2) Subsection 604.143(1) Subsection 604.143(2) Subsection 604.144(1) Subsection 604.144(2) Section 604.145 Subsection 604.146(1) Subsection 604.146(2) Section 604.147 Section 604.148 Subsection 604.149(1) Subsection 604.149(2) Subsection 604.149(3) Subsection 604.166(1) Subsection 604.166(2) Section 604.167 Section 604.168 Section 604.174 Subsection 604.184(2) Subsection 604.197(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 604.197(2) Subsection 604.198(1) Subsection 604.198(2) Section 604.202 Subsection 604.204(1) Subsection 604.204(2) Section 604.205 Subsection 604.206(5) Subsection 604.207(5) Section 604.208 Subsection 604.221(1) Section 604.222 Subsection 604.223(1) Subsection 604.223(2) Subsection 604.223(3) Subsection 604.224(1) Subsection 604.224(3) Subsection 604.225(1) Subsection 604.226(1) Subsection 604.226(3) Subsection 604.240(1) Paragraph 604.240(5)(a) Paragraph 604.240(5)(b) Section 604.241 Section 604.242 Section 604.243 SUBPART 5 — AIRCRAFT REQUIREMENTS Subsection 605.03(1) Subsection 605.04(1) Section 605.05 Section 605.06 Subsection 605.08(1) Subsection 605.09(1) Subsection 605.10(1) Subsection 605.10(2) Section 605.14 Subsection 605.15(1) Subsection 605.16(1) Subsection 605.16(3) Subsection 605.16(4) Subsection 605.17(1) Section 605.18 Section 605.19 Section 605.20 Section 605.21 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 605.22(1) Subsection 605.24(1) Subsection 605.24(2) Subsection 605.24(3) Subsection 605.24(4) Subsection 605.24(5) Subsection 605.25(1) Subsection 605.25(3) Subsection 605.25(4) Subsection 605.25(5) Subsection 605.27(1) Subsection 605.27(3) Subsection 605.28(1) Section 605.29 Section 605.30 Subsection 605.31(1) Subsection 605.31(2) Subsection 605.32(1) Subsection 605.32(3) Subsection 605.33(1) Subsection 605.33(2) Subsection 605.33(3) Section 605.33.1 Subsection 605.34(1) Subsection 605.34(2) Subsection 605.34(3) Subsection 605.34(5) Subsection 605.34.1(1) Section 605.34.2 Subsection 605.35(1) Subsection 605.36(1) Subsection 605.37(1) Subsection 605.38(1) Subsection 605.38(4) Subsection 605.38.1(1) Subsection 605.40(1) Subsection 605.40(3) Subsection 605.41(1) Subsection 605.41(2) Subsection 605.41(3) Subsection 605.41(4) Subsection 605.42(1) Subsection 605.84(1) Subsection 605.85(1) Subsection 605.85(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 605.86(1) Subsection 605.88(1) Subsection 605.92(1) Subsection 605.93(1) Subsection 605.93(2) Subsection 605.93(3) Subsection 605.93(4) Subsection 605.93(5) Subsection 605.94(1) Subsection 605.94(2) Subsection 605.94(3) Subsection 605.94(4) Subsection 605.95(1) Subsection 605.96(1) Subsection 605.96(2) Subsection 605.96(4) Section 605.97 SUBPART 6 — MISCELLANEOUS Section 606.01 Subsection 606.02(2) Subsection 606.02(4) Subsection 606.02(5) Subsection 606.02(6) Subsection 606.02(8) Subsection 606.02(9) Subsection 606.03(1) PART VII — COMMERCIAL AIR SERVICES Subsection 700.02(1) Subsection 700.02(2) Subsection 700.03(1) Subsection 700.05(1) Subsection 700.05(2) Section 700.06 Section 700.07 Section 700.08 Subsection 700.09(1) Subsection 700.09(3) Subsection 700.10(3) Subsection 700.10(4) Section 700.11 Section 700.12 Section 700.12.1 Section 700.12.2 Subsection 700.14(1) [Repealed, SOR/2018-269, s. 2] Subsection 700.15(1) [Repealed, SOR/2018-269, s. 2] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 700.15(3) [Repealed, SOR/2018-269, s. 2] Subsection 700.16(1) [Repealed, SOR/2018-269, s. 2] Subsection 700.16(2) [Repealed, SOR/2018-269, s. 2] Subsection 700.16(3) [Repealed, SOR/2018-269, s. 2] Subsection 700.16(4) [Repealed, SOR/2018-269, s. 2] Subsection 700.19(1) [Repealed, SOR/2018-269, s. 2] Subsection 700.19(3) [Repealed, SOR/2018-269, s. 2] Subsection 700.20(1) Subsection 700.20(2) Subsection 700.20(3) Subsection 700.20(4) Subsection 700.21(1) [Repealed, SOR/2018-269, s. 2] Subsection 700.21(2) [Repealed, SOR/2018-269, s. 2] Subsection 700.21(3) Subsection 700.26(1) Subsection 700.26(2) Subsection 700.26(3) Subsection 700.26(4) Subsection 700.26(5) Subsection 700.27(1) Subsection 700.28(1) Subsection 700.29(1) Subsection 700.29(2) Section 700.37 Subsection 700.40(1) Subsection 700.41(1) Subsection 700.42(1) Subsection 700.42(2) Subsection 700.43(1) Subsection 700.43(3) Subsection 700.51(1) Subsection 700.52(4) Section 700.61 Subsection 700.62(1) Subsection 700.62(2) Subsection 700.63(3) Subsection 700.70(1) Subsection 700.70(2) Subsection 700.70(3) Subsection 700.70(4) Subsection 700.70(5) Subsection 700.70(6) Subsection 700.70(7) Subsection 700.70(10) Subsection 700.71(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 700.71(2) Subsection 700.72(1) Subsection 700.72(2) Subsection 700.72(3) Subsection 700.72(4) Subsection 700.101(1) Subsection 700.102(1) Subsection 700.102(2) Subsection 700.102(3) Subsection 700.102(4) Subsection 700.102(5) Subsection 700.103(1) Section 700.104 Subsection 700.116(1) Section 700.117 Subsection 700.118(2) Subsection 700.119(1) Section 700.120 Subsection 700.131(4) Subsection 700.132(1) Subsection 700.132(2) Subsection 700.133(3) Subsection 700.134(1) Subsection 700.134(2) Subsection 700.135(1) Subsection 700.135(2) Subsection 700.135(3) Subsection 700.135(4) SUBPART 1 — FOREIGN AIR OPERATIONS Subsection 701.02(1) Subsection 701.03(1) Subsection 701.03(2) Subsection 701.16(1) Subsection 701.17(1) Section 701.18 Subsection 701.22(1) Subsection 701.23(1) Subsection 701.23(2) Section 701.24 Subsection 701.25(2) Subsection 701.25(4) Subsection 701.25(7) Subsection 701.25(8) Subsection 701.29(1) Subsection 701.30(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 701.30(4) Subsection 701.30(5) SUBPART 2 — AERIAL WORK Section 702.02 Subsection 702.11(1) Subsection 702.11(2) Section 702.12 Section 702.13 Section 702.14 Section 702.15 Section 702.16 Subsection 702.18(1) Subsection 702.18(3) Section 702.20 Section 702.21(1) Section 702.23 Section 702.24 Subsection 702.42(1) Subsection 702.42(2) Section 702.43 Section 702.44 Section 702.45 Subsection 702.46(1) Subsection 702.46(2) Section 702.64 Section 702.65 Subsection 702.76(1) Subsection 702.76(3) Subsection 702.77(1) Subsection 702.77(2) Subsection 702.77(3) Subsection 702.78(2) Subsection 702.81(1) Subsection 702.81(2) Subsection 702.81(3) Subsection 702.83(1) Subsection 702.83(3) Subsection 702.84(1) Subsection 702.84(2) Subsection 702.91(1) Subsection 702.91(2) Subsection 702.92(1) Subsection 702.93(1) Subsection 702.93(2) Subsection 702.96(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 702.96(3) Section 702.97 SUBPART 3 — AIR TAXI OPERATIONS Section 703.02 Subsection 703.14(1) Subsection 703.14(2) Subsection 703.15(1) Section 703.16 Section 703.17 Subsection 703.18(1) Subsection 703.18(2) Subsection 703.18(3) Section 703.19 Section 703.20 Subsection 703.21(1) Subsection 703.21(2) Subsection 703.22(1) Section 703.23 Section 703.24 Section 703.25 Section 703.26 Section 703.27 Section 703.29 Subsection 703.30(1) Section 703.32 Section 703.33 Section 703.34 Section 703.35 [Repealed, SOR/2006-199, s. 4] Subsection 703.37(1) Subsection 703.37(2) Subsection 703.37(3) Subsection 703.38(1) Subsection 703.38(2) Subsection 703.39(1) Subsection 703.39(2) Subsection 703.39(3) Subsection 703.39(4) Subsection 703.39(5) Section 703.40 Subsection 703.41(2) Subsection 703.41(3) Subsection 703.41(4) Subsection 703.64(1) Subsection 703.64(2) Section 703.65 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 703.66 Subsection 703.67(1) Section 703.68 Section 703.69 Subsection 703.70(1) Subsection 703.70(2) Subsection 703.71(1) Section 703.82 Subsection 703.83(1) Subsection 703.83(2) Section 703.85.1 Subsection 703.85.2(1) Subsection 703.85.2(2) Section 703.86 Section 703.87 Subsection 703.88(1) Subsection 703.88(3) Subsection 703.88(4) Subsection 703.89(1) Subsection 703.89(2) Subsection 703.98(1) Subsection 703.98(3) Subsection 703.99(1) Subsection 703.99(2) Subsection 703.99(3) Subsection 703.100(2) Subsection 703.104(1) Subsection 703.104(2) Subsection 703.104(3) Subsection 703.106(1) Subsection 703.106(3) Subsection 703.107(1) Subsection 703.107(2) SUBPART 4 — COMMUTER OPERATIONS Section 704.02 Subsection 704.12(1) Subsection 704.12(2) Section 704.13 Subsection 704.14(1) Section 704.15 Section 704.16 Subsection 704.17(1) Subsection 704.17(2) Subsection 704.17(3) Section 704.18 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 704.19(1) Subsection 704.19(2) Section 704.20 Subsection 704.21(1) Subsection 704.21(2) Section 704.22 Section 704.23 Section 704.25 Subsection 704.26(1) Section 704.28 Section 704.29 Subsections 704.30(1) and (2) [Repealed, SOR/2006-199, s. 6] Subsection 704.32(1) Subsection 704.32(2) Subsection 704.32(3) Subsection 704.33(1) Subsection 704.33(3) Subsection 704.33(4) Subsection 704.34(1) Subsection 704.34(2) Subsection 704.34(3) Subsection 704.34(4) Section 704.35 Subsection 704.36(1) Subsection 704.36(2) Subsection 704.37(2) Subsection 704.37(3) Subsection 704.37(4) Subsection 704.45(1) Subsection 704.46(1) Subsection 704.47(1) Section 704.48 Subsection 704.49(1) Subsection 704.50(1) Subsection 704.51(1) Subsection 704.51(2) Section 704.52 Subsection 704.62(1) Subsection 704.62(3) Subsection 704.63(1) Subsection 704.63(2) Section 704.64 Section 704.65 Subsection 704.66(1) Section 704.67 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 704.68 Subsection 704.70(1) Subsection 704.70(2) Subsection 704.70(3) Subsection 704.71(1) Subsection 704.71(2) Section 704.83 Section 704.84 Section 704.85 Subsection 704.86(1) Subsection 704.86(2) Section 704.106 Section 704.107 Subsection 704.108(1) Subsection 704.108(3) Subsection 704.108(4) Subsection 704.108(5) Subsection 704.109(1) Subsection 704.109(2) Subsection 704.115(1) Subsection 704.115(3) Subsection 704.117(1) Subsection 704.117(2) Subsection 704.117(3) Subsection 704.118(2) Subsection 704.120(1) Subsection 704.120(2) Subsection 704.120(3) Subsection 704.122(1) Subsection 704.122(3) Subsection 704.123(3) Subsection 704.124(1) Subsection 704.124(2) SUBPART 5 — AIRLINE OPERATIONS Section 705.02 Subsection 705.16(3) Subsection 705.17(1) Subsection 705.17(2) Section 705.18 Subsection 705.19(1) Section 705.20 Section 705.21 Subsection 705.22(1) Subsection 705.22(2) Subsection 705.22(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 705.23 Subsection 705.24(1) Subsection 705.24(2) Subsection 705.25(1) Subsection 705.26(1) Subsection 705.27(1) Subsection 705.27(2) Subsection 705.27(3) Subsection 705.27(4) Subsection 705.27(5) Subsection 705.27(6) Subsection 705.27(7) Subsection 705.27(10) Section 705.28 Subsection 705.29(1) Section 705.30 Section 705.31 Section 705.32 Section 705.33 Subsection 705.34(1) Section 705.36 Section 705.37 Subsections 705.38(1) and (2) [Repealed, SOR/2006-199, s. 8] Subsection 705.39(1) Subsection 705.39(2) Subsection 705.39(3) Subsection 705.40(1) Subsection 705.40(3) Subsection 705.41(1) Subsection 705.41(3) Subsection 705.42(1) Subsection 705.42(2) Subsection 705.42(6) Subsection 705.43(1) Subsection 705.43(2) Subsection 705.43(3) Subsection 705.43(4) Subsection 705.43(5) Section 705.44 Subsection 705.45(1) Subsection 705.45(3) Subsection 705.47(1) Subsection 705.47(2) Subsection 705.48(2) Subsection 705.48(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 705.48(4) Subsection 705.56(1) Subsection 705.57(1) Subsection 705.58(1) Subsection 705.59(1) Subsection 705.60(1) Subsection 705.61(1) Section 705.67 Section 705.68 Subsection 705.69(1) Subsection 705.69(2) Section 705.70 Subsection 705.71(1) Section 705.72 Section 705.73 Section 705.74 Section 705.75 Section 705.76 Section 705.77 Section 705.78 Section 705.79 Subsection 705.80(1) Subsection 705.80(4) Subsection 705.80(5) Section 705.81 Subsection 705.83(1) Subsection 705.83(2) Subsection 705.83(3) Subsection 705.84(1) Section 705.89 Subsection 705.90(1) Section 705.91 Section 705.92 Subsection 705.93(1) Section 705.94 Subsection 705.95(1) Subsection 705.95(2) Section 705.96 Section 705.97 Section 705.103 Subsections 705.104(1) and (2) [Repealed, SOR/2015-127, s. 7] Section 705.105 [Repealed, SOR/2015-127, s. 7] Subsection 705.106(1) Subsection 705.106(4) Subsection 705.107(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 705.108 Subsection 705.109(1) Subsection 705.110(1) Subsection 705.110(2) Section 705.111 Subsection 705.124(1) Subsection 705.124(3) Subsection 705.127(1) Subsection 705.127(2) Subsection 705.127(3) Subsection 705.128(2) Subsection 705.134(1) Subsection 705.134(2) Subsection 705.134(3) Subsection 705.136(1) Subsection 705.136(3) Subsection 705.137(3) Subsection 705.137(5) Subsection 705.138(1) Subsection 705.138(2) Subsection 705.138(3) Subsection 705.139(1) Subsection 705.139(4) Subsection 705.139(5) Section 705.172 Section 705.173 Subsection 705.174(1) Subsection 705.174(4) Subsection 705.174(5) Subsection 705.201(1) Subsection 705.201(4) Subsection 705.202(1) Section 705.203 Subsection 705.204(1) Subsection 705.204(2) Subsection 705.204(3) Subsection 705.204(4) Subsection 705.205(1) Section 705.206 Subsection 705.207(1) Subsection 705.220(1) Subsection 705.220(2) Subsection 705.220(3) Subsection 705.220(4) Subsection 705.221(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 705.222(1) Paragraph 705.222(5)(a) Paragraph 705.222(5)(b) Subsection 705.223(1) Subsection 705.224(1) Subsection 705.224(2) Section 705.225 Section 705.226 Section 705.227 SUBPART 6 — AIRCRAFT MAINTENANCE REQUIREMENTS FOR AIR OPERATORS Section 706.02 Subsection 706.03(1) Section 706.04 Section 706.05 Subsection 706.06(1) Subsection 706.07(1) Subsection 706.07(2) [Repealed, SOR/2005-173, s. 6] Subsection 706.08(1) Subsection 706.08(3) Subsection 706.08(4) Subsection 706.08(5) Subsection 706.08(6) Subsection 706.08(7) Subsection 706.09(1) Subsection 706.09(2) Subsection 706.09(4) Section 706.10 Section 706.11 Section 706.12 Subsection 706.13(1) Subsection 706.13(2) Section 706.14 Section 706.15 PART VIII — AIR NAVIGATION SERVICES SUBPART 1 — AIR TRAFFIC SERVICES Subsection 801.01(1) Subsection 801.01(2) Section 801.03 Section 801.08 Subsection 801.09(1) Subsection 801.09(3) Section 801.10 SUBPART 2 — AERONAUTICAL TELECOMMUNICATIONS Subsection 802.02(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 802.02(2) Subsection 802.02(3) Subsection 802.02(4) [Repealed, SOR/2020-151, s. 3] SUBPART 3 — AERONAUTICAL INFORMATION SERVICES Subsection 803.01(2) Section 803.02 SUBPART 4 — AVIATION WEATHER SERVICES Subsection 804.01(1) Subsection 804.23(1) Subsection 804.23(2) Section 804.24 Subsection 804.25(1) Subsection 804.25(2) SUBPART 5 — SAFETY MANAGEMENT PROGRAM Subsection 805.03(2) Subsection 805.03(3) Section 805.04 SUBPART 6 — LEVELS OF SERVICE Subsection 806.02(1) Subsection 806.02(3) SUBPART 7 — AVIATION OCCURRENCES Section 807.01 PART IX — REMOTELY PILOTED AIRCRAFT SYSTEMS Section 900.06 SUBPART 1 — SMALL REMOTELY PILOTED AIRCRAFT Section 901.02 Section 901.03 Subsection 901.07(1) Section 901.08 Section 901.09 Subsection 901.11(1) Subsection 901.12(1) Section 901.13 Subsection 901.14(1) Subsection 901.14(2) Section 901.15 Section 901.16 Section 901.17 Section 901.18 Subsection 901.19(1) Subsection 901.19(2) Subsection 901.20(1) Subsection 901.20(2) Subsection 901.20(3) Subsection 901.20(4) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Section 901.21 Section 901.22 Subsection 901.23(1) Subsection 901.23(3) Subsection 901.23(4) Section 901.24 Subsection 901.25(1) Section 901.26 Section 901.27 Paragraph 901.28(a) Paragraph 901.28(b) Paragraph 901.28(c) Section 901.29 Section 901.30 Section 901.31 Section 901.32 Section 901.33 Section 901.34 Subsection 901.35(1) Subsection 901.35(2) Section 901.36 Section 901.37 Section 901.38 Subsection 901.39(1) Subsection 901.39(2) Subsection 901.40(1) Subsection 901.41(1) Section 901.42 Subsection 901.43(1) Section 901.44 Section 901.45 Subsection 901.46(1) Subsection 901.47(1) Subsection 901.47(2) Subsection 901.47(3) Subsection 901.48(1) Subsection 901.48(2) Subsection 901.48(3) Subsection 901.49(1) Subsection 901.49(2) Subsection 901.54(1) Subsection 901.56(1) Subsection 901.56(2) Section 901.57 Section 901.58 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 103.12 Column I Designated Provision Subsection 901.63(1) Subsection 901.65(1) Subsection 901.65(2) Section 901.66 Section 901.67 Subsection 901.69(1) Section 901.70 Subsection 901.71(1) Section 901.72 Section 901.73 Subsection 901.76(1) Section 901.77 Section 901.78 Subsection 901.79(1) Subsection 901.79(2) Section 901.82 Section 901.84 Paragraph 901.86(a) Paragraph 901.86(b) Section 901.87 SUBPART 2 — [RESERVED] SUBPART 3 — SPECIAL FLIGHT OPERATIONS — REMOTELY PILOTE AIRCRAFT SYSTEMS Section 903.01 PART X — GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL AVIATION — CORSIA Subsection 1000.10(1) Subsection 1000.10(2) Subsection 1000.10(3) Subsection 1000.10(4) Subsection 1000.12(1) Subsection 1000.12(2) Subsection 1000.12(4) Subsection 1000.12(5) Subsection 1000.13(1) Subsection 1000.13(2) Subsection 1000.13(3) Subsection 1000.13(4) Subsection 1000.13(5) Section 1000.14 Subsection 1000.15(1) Subsection 1000.15(2) Subsection 1000.20(1) Subsection 1000.20(3) Section 1000.21 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Column I Designated Provision Paragraph 1000.30(1)(a) Paragraph 1000.30(1)(b) Subsection 1000.30(2) Subsection 1000.30(3) Paragraph 1000.31(1)(a) Paragraph 1000.31(1)(b) Subsection 1000.31(2) Subsection 1000.31(3) Subsection 1000.32(1) Subsection 1000.35(1) Subsection 1000.35(2) SOR/98-529, s. 1; SOR/2004-131, s. 5; SOR/2005-129, s. 1; SOR/2005-173, ss 3 to 6; SOR/2 2006-77, ss. 2, 3; SOR/2006-85, s. 1; SOR/2006-86, s. 1; SOR/2006-199, ss. 2 to 10; SOR/200 2007-290, s. 3; SOR/2009-90, ss. 1, 2; SOR/2009-152, s. 1; SOR/2009-268, ss. 1 to 15; SOR/200 s. 2; SOR/2012-136, ss. 2 to 6; SOR/2014-131, s. 2; SOR/2015-84, s. 2; SOR/2015-127, ss. 2 to 2018-269, ss. 2, 3; SOR/2019-11, s. 4; SOR/2019-11, s. 5; SOR/2019-11, s. 6; SOR/2019-49, s 2019-295, s. 1; SOR/2019-295, s. 2; SOR/2019-295, s. 3; SOR/2019-295, s. 4; SOR/2019-295, 2020-124, s. 1; SOR/2020-151, s. 2; SOR/2020-151, s. 3; SOR/2020-238, s. 1; SOR/2020-238, s. ANNEXE II (paragraphes 103.08(1) et (2)) Colonne I Texte désigné PARTIE I — DISPOSITIONS GÉNÉRALES SOUS-PARTIE 3 — ADMINISTRATION ET APPLICATION Paragraphe 103.02(1) Paragraphe 103.02(2) Paragraphe 103.02(3) Article 103.03 SOUS-PARTIE 5 — VOLS TOURISTIQUES Paragraphe 105.01(2) SOUS-PARTIE 6 — GESTIONNAIRE SUPÉRIEUR RESPONSABLE Paragraphe 106.02(1) Paragraphe 106.02(2) SOUS-PARTIE 7 — EXIGENCES RELATIVES AU SYSTÈME DE GESTI LA SÉCURITÉ Article 107.02 SOUS-PARTIE 8 — [RÉSERVÉE] SOUS-PARTIE 9 — AÉRONEFS VISÉS PAR UN ACCORD DE TRANSF DE FONCTIONS ET D’OBLIGATIONS CONFORMÉMENT À L’ARTICLE BIS DE LA CONVENTION Paragraphe 109.03(2) Article 109.05 PARTIE II — IDENTIFICATION ET IMMATRICULATION DES AÉRONEF UTILISATION D’AÉRONEFS LOUÉS PAR DES PERSONNES QUI NE S PAS PROPRIÉTAIRES ENREGISTRÉS Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné SOUS-PARTIE 1 — IDENTIFICATION DES AÉRONEFS ET AUTRES PRODUITS AÉRONAUTIQUES Paragraphe 201.01(1) Paragraphe 201.01(2) Paragraphe 201.01(7) Article 201.02 Paragraphe 201.03(1) Paragraphe 201.03(4) Paragraphe 201.03(6) Paragraphe 201.04(3) Paragraphe 201.05(1) Paragraphe 201.06(1) Paragraphe 201.07(1) Paragraphe 201.09(1) Paragraphe 201.10(1) Paragraphe 201.10(2) Paragraphe 201.10(3) Paragraphe 201.10(4) Paragraphe 201.10(5) Paragraphe 201.11(1) Paragraphe 201.12(1) Paragraphe 201.12(3) Paragraphe 201.12(5) SOUS-PARTIE 2 — MARQUAGE ET IMMATRICULATION DES AÉRON Paragraphe 202.01(1) Paragraphe 202.01(4) Paragraphe 202.03(3) Paragraphe 202.03(4) Article 202.04(1) Paragraphe 202.05(2) Paragraphe 202.06(2) Paragraphe 202.07(1) Paragraphe 202.13(2) Paragraphe 202.14(3) Article 202.26 Paragraphe 202.28(2) Paragraphe 202.35(2) Paragraphe 202.37(1) Article 202.38 Paragraphe 202.42(1) Paragraphe 202.43(2) Paragraphe 202.46(2) Paragraphe 202.46(3) Article 202.51 Article 202.52 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 202.58(1) Article 202.61 Article 202.62 SOUS-PARTIE 3 — UTILISATION D’AÉRONEFS LOUÉS PAR DES PERSONNES QUI NE SONT PAS PROPRIÉTAIRES ENREGISTRÉS Paragraphe 203.03(1) Paragraphe 203.03(4) Paragraphe 203.03(5) Paragraphe 203.04(1) Paragraphe 203.04(2) Paragraphe 203.06(1) Paragraphe 203.06(2) Paragraphe 203.07(1) Paragraphe 203.07(2) Article 203.09 PARTIE III — AÉRODROMES ET AÉROPORTS SOUS-PARTIE 1 — AÉRODROMES Article 301.02 Paragraphe 301.03(3) Paragraphe 301.04(1) Paragraphe 301.04(2) Paragraphe 301.04(4) Paragraphe 301.04(5) Paragraphe 301.04(6) Paragraphe 301.04(7) Article 301.05 Paragraphe 301.06(1) Paragraphe 301.06(2) Paragraphe 301.07(1) Paragraphe 301.07(5) Paragraphe 301.07(6) Paragraphe 301.07(7) Paragraphe 301.07(8) Paragraphe 301.07(9) Paragraphe 301.07(11) [Abrogé, DORS/2009-268, art. 3] SOUS-PARTIE 2 — AÉROPORTS Paragraphe 302.07(1) Paragraphe 302.07(2) Paragraphe 302.07(3) Paragraphe 302.08(1) Paragraphe 302.08(5) Article 302.09 Paragraphe 302.202(1) Paragraphe 302.202(2) Alinéa 302.202(3)a) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Alinéa 302.202(3)b) Alinéa 302.202(4)a) Alinéa 302.202(4)b) Paragraphe 302.203(1) Paragraphe 302.203(2) Article 302.204 Article 302.205 Paragraphe 302.206(1) Paragraphe 302.206(3) Paragraphe 302.206(4) Paragraphe 302.207(1) Paragraphe 302.207(2) Paragraphe 302.207(3) Paragraphe 302.208(2) Paragraphe 302.208(3) Paragraphe 302.208(4) Paragraphe 302.208(5) Paragraphe 302.208(6) Paragraphe 302.208(7) Paragraphe 302.208(9) Paragraphe 302.208(10) Paragraphe 302.208(11) Paragraphe 302.208(12) Paragraphe 302.208(13) Paragraphe 302.208(14) Paragraphe 302.303(1) Paragraphe 302.303(3) Paragraphe 302.304(1) Paragraphe 302.304(2) Paragraphe 302.304(4) Paragraphe 302.305(1) Paragraphe 302.305(2) Paragraphe 302.305(3) Paragraphe 302.305(5) Paragraphe 302.305(6) Paragraphe 302.307(1) Paragraphe 302.307(2) Article 302.308 Article 302.403 Paragraphe 302.406(1) Paragraphe 302.406(2) Paragraphe 302.407(1) Paragraphe 302.407(2) Paragraphe 302.410(1) Paragraphe 302.410(4) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Alinéa 302.412(1)a) Alinéa 302.412(1)b) Paragraphe 302.412(2) Paragraphe 302.412(3) Article 302.413 Article 302.414 Paragraphe 302.415(1) Paragraphe 302.415(2) Paragraphe 302.416(1) Alinéa 302.417(1)a) Alinéa 302.417(1)b) Alinéa 302.417(1)c) Alinéa 302.417(1)d) Alinéa 302.417(1)e) Paragraphe 302.417(2) Paragraphe 302.418(1) Paragraphe 302.418(2) Paragraphe 302.418(3) Article 302.419 Paragraphe 302.503(2) Paragraphe 302.503(3) Article 302.504 Paragraphe 302.600(5) Paragraphe 302.601(2) Article 302.603 SOUS-PARTIE 3 — SAUVETAGE ET LUTTE CONTRE LES INCENDIES D’AÉRONEFS AUX AÉROPORTS ET AÉRODROMES Paragraphe 303.03(1) Paragraphe 303.03(2) Paragraphe 303.04(1) Paragraphe 303.04(2) Paragraphe 303.04(3) Paragraphe 303.04(4) Paragraphe 303.06(1) Paragraphe 303.06(2) Paragraphe 303.06(3) Paragraphe 303.06(4) Paragraphe 303.06(7) Paragraphe 303.07(1) Article 303.08 Article 303.09 Paragraphe 303.10(2) Paragraphe 303.10(3) Paragraphe 303.11(2) Article 303.12 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 303.13 Article 303.14 Article 303.15 Paragraphe 303.16(1) Paragraphe 303.16(2) Article 303.17 Paragraphe 303.18(1) Paragraphe 303.18(2) Paragraphe 303.18(3) Paragraphe 303.18(5) Paragraphe 303.18(6) Paragraphe 303.18(7) Article 303.19 Paragraphe 303.20(1) Paragraphe 303.20(2) SOUS-PARTIE 4 — [RÉSERVÉE] SOUS-PARTIE 5 — HÉLIPORTS Article 305.03 Article 305.05 Paragraphe 305.10(1) Paragraphe 305.10(2) Paragraphe 305.10(3) Paragraphe 305.17(1) Paragraphe 305.17(2) Paragraphe 305.17(3) Paragraphe 305.17(4) Paragraphe 305.17(5) Paragraphe 305.18(1) Paragraphe 305.18(2) Article 305.19 Article 305.20 Paragraphe 305.25(1) Paragraphe 305.25(2) Paragraphe 305.25(3) Paragraphe 305.25(4) Paragraphe 305.25(5) Paragraphe 305.25(6) Paragraphe 305.29(1) Paragraphe 305.29(2) Paragraphe 305.29(3) Paragraphe 305.29(4) Paragraphe 305.29(5) Paragraphe 305.31(1) Paragraphe 305.31(2) Paragraphe 305.33(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 305.33(2) Paragraphe 305.33(3) Paragraphe 305.33(4) Paragraphe 305.33(6) Paragraphe 305.33(7) Paragraphe 305.33(8) Paragraphe 305.33(9) Paragraphe 305.33(10) Paragraphe 305.33(11) Paragraphe 305.33(12) Paragraphe 305.33(13) Paragraphe 305.33(14) Paragraphe 305.35(1) Paragraphe 305.35(2) Paragraphe 305.35(3) Paragraphe 305.35(4) Paragraphe 305.37(1) Paragraphe 305.37(2) Paragraphe 305.37(3) Paragraphe 305.37(4) Paragraphe 305.37(5) Paragraphe 305.38(1) Paragraphe 305.39(1) Paragraphe 305.39(2) Paragraphe 305.39(3) Paragraphe 305.41(1) Paragraphe 305.41(2) Paragraphe 305.41(3) Paragraphe 305.41(4) Paragraphe 305.41(5) Paragraphe 305.43(1) Paragraphe 305.43(2) Paragraphe 305.43(3) Paragraphe 305.43(4) Paragraphe 305.43(5) Paragraphe 305.45(1) Paragraphe 305.45(2) Paragraphe 305.45(3) Paragraphe 305.45(4) Paragraphe 305.45(5) Paragraphe 305.45(6) Paragraphe 305.45(7) Paragraphe 305.45(8) Paragraphe 305.46(1) Paragraphe 305.46(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 305.47 Article 305.48 Article 305.49 Paragraphe 305.53(2) Paragraphe 305.54(1) Paragraphe 305.54(2) Paragraphe 305.54(3) Article 305.55 Article 305.56 Article 305.57 SOUS-PARTIE 7 — CONSULTATIONS AÉRODROMES Article 307.03 Article 307.05 Article 307.06 Article 307.07 Article 307.08 Article 307.09 Paragraphe 307.10(1) SOUS-PARTIE 8 [Abrogée, DORS/2006-86, art. 1] PARTIE IV — DÉLIVRANCE DES LICENCES ET FORMATION DU PERSONNEL Paragraphe 400.05(1) Article 400.07 SOUS-PARTIE 1 — PERMIS, LICENCES ET QUALIFICATIONS DE MEM D’ÉQUIPAGE DE CONDUITE Paragraphe 401.03(1) Article 401.04 Paragraphe 401.05(1) Paragraphe 401.05(2) Paragraphe 401.05(3) Paragraphe 401.05(4) Paragraphe 401.05(6) Paragraphe 401.08(3) Paragraphe 401.11(1) Paragraphe 401.15(1) Paragraphe 401.28(1) Paragraphe 401.30(3) Paragraphe 401.31(3) Article 401.62 Paragraphe 401.63(1) Paragraphe 401.63(2) Article 401.64 SOUS-PARTIE 2 — LICENCES ET QUALIFICATIONS DE CONTRÔLEU LA CIRCULATION AÉRIENNE Paragraphe 402.04(1) Article 402.05 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 402.16 SOUS-PARTIE 3 — LICENCES ET QUALIFICATIONS DE TECHNICIEN D’ENTRETIEN D’AÉRONEFS Paragraphe 403.02(1) Paragraphe 403.05(1) Paragraphe 403.05(2) Paragraphe 403.08(1) SOUS-PARTIE 4 — EXIGENCES MÉDICALES Paragraphe 404.03(1) SOUS-PARTIE 5 — ENTRAÎNEMENT EN VOL Article 405.11 Article 405.13 Paragraphe 405.21(1) Article 405.22 Article 405.23 Article 405.24 Article 405.31 Article 405.32 Paragraphe 405.33(1) Paragraphe 405.33(2) Paragraphe 405.33(3) SOUS-PARTIE 6 — UNITÉS DE FORMATION AU PILOTAGE Paragraphe 406.03(1) Paragraphe 406.03(3) Paragraphe 406.05(1) Paragraphe 406.05(2) Article 406.14 Paragraphe 406.19(1) Paragraphe 406.19(5) Paragraphe 406.21(1) Paragraphe 406.21(2) Article 406.22 Article 406.22.1 Article 406.22.2 Article 406.22.3 Article 406.23 Article 406.24 Article 406.25 Article 406.26 Article 406.31 Article 406.32 Article 406.33 Article 406.34 Article 406.35 Paragraphe 406.36(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 406.37 Paragraphe 406.38(1) Paragraphe 406.39(1) Paragraphe 406.39(2) Article 406.40 Article 406.41 Article 406.42 Article 406.43 Article 406.44 Article 406.45 Paragraphe 406.46(1) Paragraphe 406.46(2) Paragraphe 406.47(1) Paragraphe 406.47(2) [Abrogé, DORS/2005-173, art. 3] Paragraphe 406.47(3) Article 406.50 Paragraphe 406.51(1) Paragraphe 406.51(2) Article 406.52 Article 406.53 Article 406.54 Article 406.55 Article 406.56 Article 406.57 Paragraphe 406.58(1) Paragraphe 406.58(2) Paragraphe 406.61(1) Paragraphe 406.61(3) Paragraphe 406.61(4) Paragraphe 406.61(6) Paragraphe 406.61(7) Paragraphe 406.61(9) Paragraphe 406.61(10) Paragraphe 406.62(1) Paragraphe 406.62(3) Paragraphe 406.62(4) Paragraphe 406.63(1) Paragraphe 406.63(2) Article 406.64 Paragraphe 406.71(2) Article 406.76 PARTIE V — NAVIGABILITÉ SOUS-PARTIE 1 — RAPPORT ANNUEL D’INFORMATION SUR LA NAVIGABILITÉ AÉRIENNE Paragraphe 501.01(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 501.02 Article 501.03 SOUS-PARTIE 9 — CERTIFICATS DE NAVIGABILITÉ POUR EXPORTA Article 509.05 SOUS-PARTIES 11 ET 13 [Abrogées, DORS/2009-280, art. 3] SOUS-PARTIE 21 — APPROBATION DE LA DÉFINITION DE TYPE D’U PRODUIT AÉRONAUTIQUE OU D’UNE MODIFICATION DE CELLE-CI Article 521.353 Article 521.354 Paragraphe 521.355(1) Paragraphe 521.355(2) Article 521.356 Article 521.365 Paragraphe 521.366(1) Paragraphe 521.366(2) Paragraphe 521.367(1) Paragraphe 521.367(2) Paragraphe 521.367(3) Article 521.368 Paragraphe 521.369(2) Paragraphe 521.369(6) Paragraphe 521.401(1) Paragraphe 521.402(1) Paragraphe 521.402(3) SOUS-PARTIE 61 — CONSTRUCTION DE PRODUITS AÉRONAUTIQU Paragraphe 561.04(1) Paragraphe 561.04(5) Paragraphe 561.04(7) Article 561.05 Paragraphe 561.07(1) Paragraphe 561.07(2) Paragraphe 561.07(5) Paragraphe 561.07(7) Paragraphe 561.07(8) Paragraphe 561.07(10) Paragraphe 561.08(1) Paragraphe 561.08(3) Paragraphe 561.09(1) Paragraphe 561.09(2) Paragraphe 561.09(3) Paragraphe 561.10(1) Paragraphe 561.10(2) Article 561.11 Paragraphe 561.12(1) Paragraphe 561.12(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 561.13(1) Paragraphe 561.13(3) Paragraphe 561.14(1) Paragraphe 561.14(2) Article 561.15 Article 561.16 SOUS-PARTIE 71 — EXIGENCES RELATIVES À LA MAINTENANCE D AÉRONEFS Paragraphe 571.02(1) Paragraphe 571.02(2) Paragraphe 571.02(3) Article 571.03 Article 571.04 Article 571.05 Paragraphe 571.06(1) Paragraphe 571.06(2) Paragraphe 571.06(3) Paragraphe 571.06(5) Paragraphe 571.07(1) Paragraphe 571.08(1) Paragraphe 571.08(2) Paragraphe 571.09(1) Paragraphe 571.09(2) Paragraphe 571.10(1) Paragraphe 571.10(5) Paragraphe 571.11(1) Paragraphe 571.11(3) Paragraphe 571.11(4) Paragraphe 571.11(6) Article 571.12 Paragraphe 571.13(1) SOUS-PARTIE 73 — ORGANISMES DE MAINTENANCE AGRÉÉS Paragraphe 573.03(1) Paragraphe 573.03(2) [Abrogé, DORS/2005-173, art. 4] Paragraphe 573.03(3) [Abrogé, DORS/2005-357, art. 2] Paragraphe 573.03(6) Paragraphe 573.03(7) Paragraphe 573.05(1) Paragraphe 573.05(2) Paragraphe 573.06(1) Paragraphe 573.07(1) Paragraphe 573.07(2) Paragraphe 573.08(1) Paragraphe 573.08(2) Paragraphe 573.08(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 573.08(4) Paragraphe 573.09(1) Paragraphe 573.10(1) Paragraphe 573.10(3) Paragraphe 573.10(5) Paragraphe 573.10(6) Paragraphe 573.10(7) Paragraphe 573.10(8) Paragraphe 573.11(1) Paragraphe 573.11(4) Article 573.12 Paragraphe 573.14(1) Paragraphe 573.14(2) Article 573.15 SOUS-PARTIE 91 [Abrogée, DORS/2009-280, art. 4] PARTIE VI — RÈGLES GÉNÉRALES D’UTILISATION ET DE VOL DES AÉRONEFS SOUS-PARTIE 1 — L’ESPACE AÉRIEN Paragraphe 601.04(2) Paragraphe 601.05(1) Paragraphe 601.06(1) Paragraphe 601.07(1) Paragraphe 601.07(3) Paragraphe 601.08(1) Paragraphe 601.09(1) Article 601.15 Paragraphe 601.19(1) Article 601.20 Paragraphe 601.21(1) Paragraphe 601.22(1) Paragraphe 601.24(1) Alinéa 601.24(2)a) Alinéa 601.24(2)b) Alinéa 601.25(2)a) Alinéa 601.25(2)b) Article 601.26 Article 601.28 Article 601.29 SOUS-PARTIE 2 — RÈGLES D’UTILISATION ET DE VOL Article 602.01.1 Article 602.02 Article 602.03 Paragraphe 602.04(3) Paragraphe 602.04(4) Paragraphe 602.05(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 602.07 Paragraphe 602.08(1) Article 602.09 Paragraphe 602.10(1) Paragraphe 602.10(2) Paragraphe 602.11(2) Paragraphe 602.11(4) Paragraphe 602.11(5) Paragraphe 602.11(6) Paragraphe 602.11(7) Paragraphe 602.12(2) Paragraphe 602.12(3) Paragraphe 602.13(1) Paragraphe 602.14(2) Paragraphe 602.16(1) Paragraphe 602.16(2) Article 602.17 Paragraphe 602.18(1) Paragraphe 602.18(2) Paragraphe 602.19(1) Paragraphe 602.19(2) Paragraphe 602.19(3) Paragraphe 602.19(4) Paragraphe 602.19(5) Paragraphe 602.19(6) Paragraphe 602.19(7) Paragraphe 602.19(8) Paragraphe 602.19(9) Paragraphe 602.19(10) Paragraphe 602.20(1) Paragraphe 602.20(2) Paragraphe 602.20(3) Article 602.21 Article 602.22 Article 602.23 Article 602.24 Paragraphe 602.25(2) Article 602.26 Article 602.27 Article 602.28 Paragraphe 602.29(1) Article 602.30 Paragraphe 602.31(1) Paragraphe 602.31(4) Alinéa 602.32(1)a) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Alinéa 602.32(1)b) Article 602.33 Paragraphe 602.34(2) Article 602.35 Paragraphe 602.36(1) Paragraphe 602.36(2) Article 602.37 Article 602.38 Article 602.39 Paragraphe 602.40(1) Article 602.41 [Abrogé, DORS/2019-11, art. 5] Article 602.42 Article 602.43 Article 602.46 Article 602.58 Paragraphe 602.59(1) Paragraphe 602.60(1) Paragraphe 602.60(4) Paragraphe 602.61(1) Paragraphe 602.62(1) Paragraphe 602.62(2) Paragraphe 602.62(3) Paragraphe 602.63(1) Paragraphe 602.63(2) Paragraphe 602.63(4) Paragraphe 602.63(5) Paragraphe 602.63(7) Paragraphe 602.64(1) Paragraphe 602.64(2) Paragraphe 602.64(3) Paragraphe 602.66(1) Paragraphe 602.66(2) Paragraphe 602.66(3) Article 602.71 Article 602.72 Paragraphe 602.73(1) Paragraphe 602.73(2) Paragraphe 602.73(4) Paragraphe 602.76(2) Paragraphe 602.76(4) Paragraphe 602.77(1) Paragraphe 602.77(2) Paragraphe 602.86(1) Paragraphe 602.86(2) Article 602.87 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 602.88(2) Paragraphe 602.89(1) Paragraphe 602.89(2) Paragraphe 602.89(3) Paragraphe 602.96(2) Paragraphe 602.96(3) Paragraphe 602.96(4) Paragraphe 602.96(6) Paragraphe 602.97(1) Paragraphe 602.97(2) Paragraphe 602.98(1) Paragraphe 602.98(2) Article 602.99 Article 602.100 Article 602.101 Article 602.102 Article 602.103 Paragraphe 602.104(2) Article 602.105 Paragraphe 602.106(1) Article 602.114 Article 602.115 Paragraphe 602.121(1) Paragraphe 602.121(2) Article 602.122 Article 602.123 Paragraphe 602.124(1) Paragraphe 602.124(2) Paragraphe 602.125(1) Paragraphe 602.126(1) Paragraphe 602.127(1) Paragraphe 602.127(2) Paragraphe 602.128(1) Paragraphe 602.128(2) Paragraphe 602.128(3) Paragraphe 602.128(4) Paragraphe 602.129(4) Paragraphe 602.129(5) Paragraphe 602.130(2) Paragraphe 602.134(2) Paragraphe 602.134(3) Paragraphe 602.134(4) Paragraphe 602.134(5) Article 602.135 Article 602.136 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 602.137(1) Paragraphe 602.137(2) Article 602.138 Article 602.143 Paragraphe 602.144(1) Paragraphe 602.144(3) Paragraphe 602.144(4) Paragraphe 602.145(3) Paragraphe 602.145(4) Paragraphe 602.145(5) Paragraphe 602.146(2) Paragraphe 602.150(1) Article 602.152 [Abrogé, DORS/2010-304, art. 1] Paragraphe 602.153(1) [Abrogé, DORS/2010-304, art. 1] Article 602.156 [Abrogé, DORS/2010-304, art. 1] Paragraphes 602.157(1) et (2) [Abrogés, DORS/2010-304, art. 1] Article 602.162 [Abrogé, DORS/2010-304, art. 1] SOUS-PARTIE 3 — OPÉRATIONS AÉRIENNES SPÉCIALISÉES Article 603.01 Article 603.05 Article 603.06 Article 603.07 Article 603.08 Article 603.09 Article 603.17 Article 603.21 Article 603.22 Article 603.23 Paragraphe 603.24(1) Paragraphe 603.24(2) Article 603.25 Article 603.66 SOUS-PARTIE 4 — EXPLOITANTS PRIVÉS Article 604.03 Article 604.06 Article 604.07 Article 604.08 Paragraphe 604.09(1) Paragraphe 604.25(1) Paragraphe 604.25(4) Paragraphe 604.26(1) Paragraphe 604.26(2) Article 604.27 Article 604.28 Paragraphe 604.36(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 604.36(2) Paragraphe 604.38(1) Paragraphe 604.38(2) Paragraphe 604.38(3) Paragraphe 604.47(1) Article 604.50 Article 604.51 Article 604.52 Article 604.53 Article 604.54 Paragraphe 604.55(1) Paragraphe 604.55(2) Paragraphe 604.55(4) Article 604.56 Article 604.57 Article 604.58 Article 604.59 Article 604.60 Paragraphe 604.74(2) Paragraphe 604.81(1) [Abrogé, DORS/2015-127, art. 2] Paragraphe 604.82(1) Paragraphe 604.82(2) Paragraphe 604.82(3) Paragraphe 604.82(4) Paragraphe 604.83(1) Paragraphe 604.83(2) Paragraphe 604.85(1) Paragraphe 604.85(4) Paragraphe 604.85(7) Paragraphe 604.86(1) Paragraphe 604.86(2) Paragraphe 604.98(1) Paragraphe 604.99(1) Paragraphe 604.99(2) Paragraphe 604.99(3) Article 604.104 Article 604.105 Paragraphe 604.106(1) Paragraphe 604.106(3) Paragraphe 604.106(4) Paragraphe 604.106(5) Paragraphe 604.116(1) Paragraphe 604.116(2) Paragraphe 604.117(1) Paragraphe 604.117(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 604.118(1) Article 604.119 Article 604.127 Paragraphe 604.128(1) Paragraphe 604.128(2) Paragraphe 604.128(3) Article 604.129 Article 604.130 Article 604.131 Paragraphe 604.132(1) Paragraphe 604.132(2) Paragraphe 604.141(1) Paragraphe 604.141(2) Paragraphe 604.142(1) Paragraphe 604.142(2) Paragraphe 604.143(1) Paragraphe 604.143(2) Paragraphe 604.144(1) Paragraphe 604.144(2) Article 604.145 Paragraphe 604.146(1) Paragraphe 604.146(2) Article 604.147 Article 604.148 Paragraphe 604.149(1) Paragraphe 604.149(2) Paragraphe 604.149(3) Paragraphe 604.166(1) Paragraphe 604.166(2) Article 604.167 Article 604.168 Article 604.174 Paragraphe 604.184(2) Paragraphe 604.197(1) Paragraphe 604.197(2) Paragraphe 604.198(1) Paragraphe 604.198(2) Article 604.202 Paragraphe 604.204(1) Paragraphe 604.204(2) Article 604.205 Paragraphe 604.206(5) Paragraphe 604.207(5) Article 604.208 Paragraphe 604.221(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 604.222 Paragraphe 604.223(1) Paragraphe 604.223(2) Paragraphe 604.223(3) Paragraphe 604.224(1) Paragraphe 604.224(3) Paragraphe 604.225(1) Paragraphe 604.226(1) Paragraphe 604.226(3) Paragraphe 604.240(1) Alinéa 604.240(5)a) Alinéa 604.240(5)b) Article 604.241 Article 604.242 Article 604.243 SOUS-PARTIE 5 — EXIGENCES RELATIVES AUX AÉRONEFS Paragraphe 605.03(1) Paragraphe 605.04(1) Article 605.05 Article 605.06 Paragraphe 605.08(1) Paragraphe 605.09(1) Paragraphe 605.10(1) Paragraphe 605.10(2) Article 605.14 Paragraphe 605.15(1) Paragraphe 605.16(1) Paragraphe 605.16(3) Paragraphe 605.16(4) Paragraphe 605.17(1) Article 605.18 Article 605.19 Article 605.20 Article 605.21 Paragraphe 605.22(1) Paragraphe 605.24(1) Paragraphe 605.24(2) Paragraphe 605.24(3) Paragraphe 605.24(4) Paragraphe 605.24(5) Paragraphe 605.25(1) Paragraphe 605.25(3) Paragraphe 605.25(4) Paragraphe 605.25(5) Paragraphe 605.27(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 605.27(3) Paragraphe 605.28(1) Article 605.29 Article 605.30 Paragraphe 605.31(1) Paragraphe 605.31(2) Paragraphe 605.32(1) Paragraphe 605.32(3) Paragraphe 605.33(1) Paragraphe 605.33(2) Paragraphe 605.33(3) Article 605.33.1 Paragraphe 605.34(1) Paragraphe 605.34(2) Paragraphe 605.34(3) Paragraphe 605.34(5) Paragraphe 605.34.1(1) Article 605.34.2 Paragraphe 605.35(1) Paragraphe 605.36(1) Paragraphe 605.37(1) Paragraphe 605.38(1) Paragraphe 605.38(4) Paragraphe 605.38.1(1) Paragraphe 605.40(1) Paragraphe 605.40(3) Paragraphe 605.41(1) Paragraphe 605.41(2) Paragraphe 605.41(3) Paragraphe 605.41(4) Paragraphe 605.42(1) Paragraphe 605.84(1) Paragraphe 605.85(1) Paragraphe 605.85(3) Paragraphe 605.86(1) Paragraphe 605.88(1) Paragraphe 605.92(1) Paragraphe 605.93(1) Paragraphe 605.93(2) Paragraphe 605.93(3) Paragraphe 605.93(4) Paragraphe 605.93(5) Paragraphe 605.94(1) Paragraphe 605.94(2) Paragraphe 605.94(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 605.94(4) Paragraphe 605.95(1) Paragraphe 605.96(1) Paragraphe 605.96(2) Paragraphe 605.96(4) Article 605.97 SOUS-PARTIE 6 — DIVERS Article 606.01 Paragraphe 606.02(2) Paragraphe 606.02(4) Paragraphe 606.02(5) Paragraphe 606.02(6) Paragraphe 606.02(8) Paragraphe 606.02(9) Paragraphe 606.03(1) PARTIE VII — SERVICES AÉRIENS COMMERCIAUX Paragraphe 700.02(1) Paragraphe 700.02(2) Paragraphe 700.03(1) Paragraphe 700.05(1) Paragraphe 700.05(2) Article 700.06 Article 700.07 Article 700.08 Paragraphe 700.09(1) Paragraphe 700.09(3) Paragraphe 700.10(3) Paragraphe 700.10(4) Article 700.11 Article 700.12 Article 700.12.1 Article 700.12.2 Paragraphe 700.14(1) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.15(1) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.15(3) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.16(1) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.16(2) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.16(3) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.16(4) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.19(1) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.19(3) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.20(1) Paragraphe 700.20(2) Paragraphe 700.20(3) Paragraphe 700.20(4) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 700.21(1) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.21(2) [Abrogé, DORS/2018-269, art. 2] Paragraphe 700.21(3) Paragraphe 700.26(1) Paragraphe 700.26(2) Paragraphe 700.26(3) Paragraphe 700.26(4) Paragraphe 700.26(5) Paragraphe 700.27(1) Paragraphe 700.28(1) Paragraphe 700.29(1) Paragraphe 700.29(2) Article 700.37 Paragraphe 700.40(1) Paragraphe 700.41(1) Paragraphe 700.42(1) Paragraphe 700.42(2) Paragraphe 700.43(1) Paragraphe 700.43(3) Paragraphe 700.51(1) Paragraphe 700.52(4) Article 700.61 Paragraphe 700.62(1) Paragraphe 700.62(2) Paragraphe 700.63(3) Paragraphe 700.70(1) Paragraphe 700.70(2) Paragraphe 700.70(3) Paragraphe 700.70(4) Paragraphe 700.70(5) Paragraphe 700.70(6) Paragraphe 700.70(7) Paragraphe 700.70(10) Paragraphe 700.71(1) Paragraphe 700.71(2) Paragraphe 700.72(1) Paragraphe 700.72(2) Paragraphe 700.72(3) Paragraphe 700.72(4) Paragraphe 700.101(1) Paragraphe 700.102(1) Paragraphe 700.102(2) Paragraphe 700.102(3) Paragraphe 700.102(4) Paragraphe 700.102(5) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 700.103(1) Article 700.104 Paragraphe 700.116(1) Article 700.117 Paragraphe 700.118(2) Paragraphe 700.119(1) Article 700.120 Paragraphe 700.131(4) Paragraphe 700.132(1) Paragraphe 700.132(2) Paragraphe 700.133(3) Paragraphe 700.134(1) Paragraphe 700.134(2) Paragraphe 700.135(1) Paragraphe 700.135(2) Paragraphe 700.135(3) Paragraphe 700.135(4) SOUS-PARTIE 1 — OPÉRATIONS AÉRIENNES ÉTRANGÈRES Paragraphe 701.02(1) Paragraphe 701.03(1) Paragraphe 701.03(2) Paragraphe 701.16(1) Paragraphe 701.17(1) Article 701.18 Paragraphe 701.22(1) Paragraphe 701.23(1) Paragraphe 701.23(2) Article 701.24 Paragraphe 701.25(2) Paragraphe 701.25(4) Paragraphe 701.25(7) Paragraphe 701.25(8) Paragraphe 701.29(1) Paragraphe 701.30(1) Paragraphe 701.30(4) Paragraphe 701.30(5) SOUS-PARTIE 2 — OPÉRATIONS DE TRAVAIL AÉRIEN Article 702.02 Paragraphe 702.11(1) Paragraphe 702.11(2) Article 702.12 Article 702.13 Article 702.14 Article 702.15 Article 702.16 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 702.18(1) Paragraphe 702.18(3) Article 702.20 Paragraphe 702.21(1) Article 702.23 Article 702.24 Paragraphe 702.42(1) Paragraphe 702.42(2) Article 702.43 Article 702.44 Article 702.45 Paragraphe 702.46(1) Paragraphe 702.46(2) Article 702.64 Article 702.65 Paragraphe 702.76(1) Paragraphe 702.76(3) Paragraphe 702.77(1) Paragraphe 702.77(2) Paragraphe 702.77(3) Paragraphe 702.78(2) Paragraphe 702.81(1) Paragraphe 702.81(2) Paragraphe 702.81(3) Paragraphe 702.83(1) Paragraphe 702.83(3) Paragraphe 702.84(1) Paragraphe 702.84(2) Paragraphe 702.91(1) Paragraphe 702.91(2) Paragraphe 702.92(1) Paragraphe 702.93(1) Paragraphe 702.93(2) Paragraphe 702.96(1) Paragraphe 702.96(3) Article 702.97 SOUS-PARTIE 3 — EXPLOITATION D’UN TAXI AÉRIEN Article 703.02 Paragraphe 703.14(1) Paragraphe 703.14(2) Paragraphe 703.15(1) Article 703.16 Article 703.17 Paragraphe 703.18(1) Paragraphe 703.18(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 703.18(3) Article 703.19 Article 703.20 Paragraphe 703.21(1) Paragraphe 703.21(2) Paragraphe 703.22(1) Article 703.23 Article 703.24 Article 703.25 Article 703.26 Article 703.27 Article 703.29 Paragraphe 703.30(1) Article 703.32 Article 703.33 Article 703.34 Article 703.35 [Abrogé, DORS/2006-199, art. 4] Paragraphe 703.37(1) Paragraphe 703.37(2) Paragraphe 703.37(3) Paragraphe 703.38(1) Paragraphe 703.38(2) Paragraphe 703.39(1) Paragraphe 703.39(2) Paragraphe 703.39(3) Paragraphe 703.39(4) Paragraphe 703.39(5) Article 703.40 Paragraphe 703.41(2) Paragraphe 703.41(3) Paragraphe 703.41(4) Paragraphe 703.64(1) Paragraphe 703.64(2) Article 703.65 Article 703.66 Paragraphe 703.67(1) Article 703.68 Article 703.69 Paragraphe 703.70(1) Paragraphe 703.70(2) Paragraphe 703.71(1) Article 703.82 Paragraphe 703.83(1) Paragraphe 703.83(2) Article 703.85.1 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 703.85.2(1) Paragraphe 703.85.2(2) Article 703.86 Article 703.87 Paragraphe 703.88(1) Paragraphe 703.88(3) Paragraphe 703.88(4) Paragraphe 703.89(1) Paragraphe 703.89(2) Paragraphe 703.98(1) Paragraphe 703.98(3) Paragraphe 703.99(1) Paragraphe 703.99(2) Paragraphe 703.99(3) Paragraphe 703.100(2) Paragraphe 703.104(1) Paragraphe 703.104(2) Paragraphe 703.104(3) Paragraphe 703.106(1) Paragraphe 703.106(3) Paragraphe 703.107(1) Paragraphe 703.107(2) SOUS-PARTIE 4 — EXPLOITATION D’UN SERVICE AÉRIEN DE NAVE Article 704.02 Paragraphe 704.12(1) Paragraphe 704.12(2) Article 704.13 Paragraphe 704.14(1) Article 704.15 Article 704.16 Paragraphe 704.17(1) Paragraphe 704.17(2) Paragraphe 704.17(3) Article 704.18 Paragraphe 704.19(1) Paragraphe 704.19(2) Article 704.20 Paragraphe 704.21(1) Paragraphe 704.21(2) Article 704.22 Article 704.23 Article 704.25 Paragraphe 704.26(1) Article 704.28 Article 704.29 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphes 704.30(1) et (2) [Abrogés, DORS/2006-199, art. 6] Paragraphe 704.32(1) Paragraphe 704.32(2) Paragraphe 704.32(3) Paragraphe 704.33(1) Paragraphe 704.33(3) Paragraphe 704.33(4) Paragraphe 704.34(1) Paragraphe 704.34(2) Paragraphe 704.34(3) Paragraphe 704.34(4) Article 704.35 Paragraphe 704.36(1) Paragraphe 704.36(2) Paragraphe 704.37(2) Paragraphe 704.37(3) Paragraphe 704.37(4) Paragraphe 704.45(1) Paragraphe 704.46(1) Paragraphe 704.47(1) Article 704.48 Paragraphe 704.49(1) Paragraphe 704.50(1) Paragraphe 704.51(1) Paragraphe 704.51(2) Article 704.52 Paragraphe 704.62(1) Paragraphe 704.62(3) Paragraphe 704.63(1) Paragraphe 704.63(2) Article 704.64 Article 704.65 Paragraphe 704.66(1) Article 704.67 Article 704.68 Paragraphe 704.70(1) Paragraphe 704.70(2) Paragraphe 704.70(3) Paragraphe 704.71(1) Paragraphe 704.71(2) Article 704.83 Article 704.84 Article 704.85 Paragraphe 704.86(1) Paragraphe 704.86(2) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 704.106 Article 704.107 Paragraphe 704.108(1) Paragraphe 704.108(3) Paragraphe 704.108(4) Paragraphe 704.108(5) Paragraphe 704.109(1) Paragraphe 704.109(2) Paragraphe 704.115(1) Paragraphe 704.115(3) Paragraphe 704.117(1) Paragraphe 704.117(2) Paragraphe 704.117(3) Paragraphe 704.118(2) Paragraphe 704.120(1) Paragraphe 704.120(2) Paragraphe 704.120(3) Paragraphe 704.122(1) Paragraphe 704.122(3) Paragraphe 704.123(3) Paragraphe 704.124(1) Paragraphe 704.124(2) SOUS-PARTIE 5 — EXPLOITATION D’UNE ENTREPRISE DE TRANSP AÉRIEN Article 705.02 Paragraphe 705.16(3) Paragraphe 705.17(1) Paragraphe 705.17(2) Article 705.18 Paragraphe 705.19(1) Article 705.20 Article 705.21 Paragraphe 705.22(1) Paragraphe 705.22(2) Paragraphe 705.22(3) Article 705.23 Paragraphe 705.24(1) Paragraphe 705.24(2) Paragraphe 705.25(1) Paragraphe 705.26(1) Paragraphe 705.27(1) Paragraphe 705.27(2) Paragraphe 705.27(3) Paragraphe 705.27(4) Paragraphe 705.27(5) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 705.27(6) Paragraphe 705.27(7) Paragraphe 705.27(10) Article 705.28 Paragraphe 705.29(1) Article 705.30 Article 705.31 Article 705.32 Article 705.33 Paragraphe 705.34(1) Article 705.36 Article 705.37 Paragraphes 705.38(1) et (2) [Abrogés, DORS/2006-199, art. 8] Paragraphe 705.39(1) Paragraphe 705.39(2) Paragraphe 705.39(3) Paragraphe 705.40(1) Paragraphe 705.40(3) Paragraphe 705.41(1) Paragraphe 705.41(3) Paragraphe 705.42(1) Paragraphe 705.42(2) Paragraphe 705.42(6) Paragraphe 705.43(1) Paragraphe 705.43(2) Paragraphe 705.43(3) Paragraphe 705.43(4) Paragraphe 705.43(5) Article 705.44 Paragraphe 705.45(1) Paragraphe 705.45(3) Paragraphe 705.47(1) Paragraphe 705.47(2) Paragraphe 705.48(2) Paragraphe 705.48(3) Paragraphe 705.48(4) Paragraphe 705.56(1) Paragraphe 705.57(1) Paragraphe 705.58(1) Paragraphe 705.59(1) Paragraphe 705.60(1) Paragraphe 705.61(1) Article 705.67 Article 705.68 Paragraphe 705.69(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 705.69(2) Article 705.70 Paragraphe 705.71(1) Article 705.72 Article 705.73 Article 705.74 Article 705.75 Article 705.76 Article 705.77 Article 705.78 Article 705.79 Paragraphe 705.80(1) Paragraphe 705.80(4) Paragraphe 705.80(5) Article 705.81 Paragraphe 705.83(1) Paragraphe 705.83(2) Paragraphe 705.83(3) Paragraphe 705.84(1) Article 705.89 Paragraphe 705.90(1) Article 705.91 Article 705.92 Paragraphe 705.93(1) Article 705.94 Paragraphe 705.95(1) Paragraphe 705.95(2) Article 705.96 Article 705.97 Article 705.103 Paragraphes 705.104(1) et (2) [Abrogés, DORS/2015-127, art. 7] Article 705.105 [Abrogé, DORS/2015-127, art. 7] Paragraphe 705.106(1) Paragraphe 705.106(4) Paragraphe 705.107(1) Article 705.108 Paragraphe 705.109(1) Paragraphe 705.110(1) Paragraphe 705.110(2) Article 705.111 Paragraphe 705.124(1) Paragraphe 705.124(3) Paragraphe 705.127(1) Paragraphe 705.127(2) Paragraphe 705.127(3) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 705.128(2) Paragraphe 705.134(1) Paragraphe 705.134(2) Paragraphe 705.134(3) Paragraphe 705.136(1) Paragraphe 705.136(3) Paragraphe 705.137(3) Paragraphe 705.137(5) Paragraphe 705.138(1) Paragraphe 705.138(2) Paragraphe 705.138(3) Paragraphe 705.139(1) Paragraphe 705.139(4) Paragraphe 705.139(5) Article 705.172 Article 705.173 Paragraphe 705.174(1) Paragraphe 705.174(4) Paragraphe 705.174(5) Paragraphe 705.201(1) Paragraphe 705.201(4) Paragraphe 705.202(1) Article 705.203 Paragraphe 705.204(1) Paragraphe 705.204(2) Paragraphe 705.204(3) Paragraphe 705.204(4) Paragraphe 705.205(1) Article 705.206 Paragraphe 705.207(1) Paragraphe 705.220(1) Paragraphe 705.220(2) Paragraphe 705.220(3) Paragraphe 705.220(4) Paragraphe 705.221(2) Paragraphe 705.222(1) Alinéa 705.222(5)a) Alinéa 705.222(5)b) Paragraphe 705.223(1) Paragraphe 705.224(1) Paragraphe 705.224(2) Article 705.225 Article 705.226 Article 705.227 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné SOUS-PARTIE 6 — EXIGENCES DE MAINTENANCE DES AÉRONEFS LES EXPLOITANTS AÉRIENS Article 706.02 Paragraphe 706.03(1) Article 706.04 Article 706.05 Paragraphe 706.06(1) Paragraphe 706.07(1) Paragraphe 706.07(2) [Abrogé, DORS/2005-173, art. 6] Paragraphe 706.08(1) Paragraphe 706.08(3) Paragraphe 706.08(4) Paragraphe 706.08(5) Paragraphe 706.08(6) Paragraphe 706.08(7) Paragraphe 706.09(1) Paragraphe 706.09(2) Paragraphe 706.09(4) Article 706.10 Article 706.11 Article 706.12 Paragraphe 706.13(1) Paragraphe 706.13(2) Article 706.14 Article 706.15 PARTIE VIII — SERVICES DE LA NAVIGATION AÉRIENNE SOUS-PARTIE 1 — SERVICES DE LA CIRCULATION AÉRIENNE Paragraphe 801.01(1) Paragraphe 801.01(2) Article 801.03 Article 801.08 Paragraphe 801.09(1) Paragraphe 801.09(3) Article 801.10 SOUS-PARTIE 2 — TÉLÉCOMMUNICATIONS AÉRONAUTIQUES Paragraphe 802.02(1) Paragraphe 802.02(2) Paragraphe 802.02(3) Paragraphe 802.02(4) [Abrogé, DORS/2020-151, art. 3] SOUS-PARTIE 3 — SERVICES D’INFORMATION AÉRONAUTIQUE Paragraphe 803.01(2) Article 803.02 SOUS-PARTIE 4 — SERVICES DE MÉTÉOROLOGIE AÉRONAUTIQUE Paragraphe 804.01(1) Paragraphe 804.23(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Paragraphe 804.23(2) Article 804.24 Paragraphe 804.25(1) Paragraphe 804.25(2) SOUS-PARTIE 5 — PROGRAMME DE GESTION DE LA SÉCURITÉ Paragraphe 805.03(2) Paragraphe 805.03(3) Article 805.04 SOUS-PARTIE 6 — NIVEAUX DE SERVICE Paragraphe 806.02(1) Paragraphe 806.02(3) SOUS-PARTIE 7 — ÉVÉNEMENTS AÉRONAUTIQUES Article 807.01 PARTIE IX — SYSTÈMES D’AÉRONEFS TÉLÉPILOTÉS Article 900.06 SOUS-PARTIE 1 — PETITS AÉRONEFS TÉLÉPILOTÉS Article 901.02 Article 901.03 Paragraphe 901.07(1) Article 901.08 Article 901.09 Paragraphe 901.11(1) Paragraphe 901.12(1) Article 901.13 Paragraphe 901.14(1) Paragraphe 901.14(2) Article 901.15 Article 901.16 Article 901.17 Article 901.18 Paragraphe 901.19(1) Paragraphe 901.19(2) Paragraphe 901.20(1) Paragraphe 901.20(2) Paragraphe 901.20(3) Paragraphe 901.20(4) Article 901.21 Article 901.22 Paragraphe 901.23(1) Paragraphe 901.23(3) Paragraphe 901.23(4) Article 901.24 Paragraphe 901.25(1) Article 901.26 Article 901.27 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Alinéa 901.28a) Alinéa 901.28b) Alinéa 901.28c) Article 901.29 Article 901.30 Article 901.31 Article 901.32 Article 901.33 Article 901.34 Paragraphe 901.35(1) Paragraphe 901.35(2) Article 901.36 Article 901.37 Article 901.38 Paragraphe 901.39(1) Paragraphe 901.39(2) Paragraphe 901.40(1) Paragraphe 901.41(1) Article 901.42 Paragraphe 901.43(1) Article 901.44 Article 901.45 Paragraphe 901.46(1) Paragraphe 901.47(1) Paragraphe 901.47(2) Paragraphe 901.47(3) Paragraphe 901.48(1) Paragraphe 901.48(2) Paragraphe 901.48(3) Paragraphe 901.49(1) Paragraphe 901.49(2) Paragraphe 901.54(1) Paragraphe 901.56(1) Paragraphe 901.56(2) Article 901.57 Article 901.58 Paragraphe 901.63(1) Paragraphe 901.65(1) Paragraphe 901.65(2) Article 901.66 Article 901.67 Paragraphe 901.69(1) Article 901.70 Paragraphe 901.71(1) Article 901.72 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II (French) Section 103.12 Colonne I Texte désigné Article 901.73 Paragraphe 901.76(1) Article 901.77 Article 901.78 Paragraphe 901.79(1) Paragraphe 901.79(2) Article 901.82 Article 901.84 Alinéa 901.86a) Alinéa 901.86b) Article 901.87 SOUS-PARTIE 2 — [RÉSERVÉE] SOUS-PARTIE 3 — OPÉRATIONS AÉRIENNES SPÉCIALISÉES — SYSTÈMES D’AÉRONEFS TÉLÉPILOTÉS Article 903.01 PARTIE X — ÉMISSIONS DE GAZ À EFFET DE SERRE DE L’AVIATION INTERNATIONALE — CORSIA Paragraphe 1000.10(1) Paragraphe 1000.10(2) Paragraphe 1000.10(3) Paragraphe 1000.10(4) Paragraphe 1000.12(1) Paragraphe 1000.12(2) Paragraphe 1000.12(4) Paragraphe 1000.12(5) Paragraphe 1000.13(1) Paragraphe 1000.13(2) Paragraphe 1000.13(3) Paragraphe 1000.13(4) Paragraphe 1000.13(5) Article 1000.14 Paragraphe 1000.15(1) Paragraphe 1000.15(2) Paragraphe 1000.20(1) Paragraphe 1000.20(3) Article 1000.21 Alinéa 1000.30(1)a) Alinéa 1000.30(1)b) Paragraphe 1000.30(2) Paragraphe 1000.30(3) Alinéa 1000.31(1)a) Alinéa 1000.31(1)b) Paragraphe 1000.31(2) Paragraphe 1000.31(3) Paragraphe 1000.32(1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 3 — Administration and Compliance Division VI — Definition of Principal Sections 104.01-104.03 Colonne I Texte désigné Paragraphe 1000.35(1) Paragraphe 1000.35(2) DORS/98-529, art. 1; DORS/2004-131, art. 5; DORS/2005-129, art. 1; DORS/2005-173, art. 3 à 6 1, 2 et 3(A); DORS/2006-77, art. 2 et 3; DORS/2006-85, art. 1; DORS/2006-86, art. 1; DORS/200 2 à 5; DORS/2007-262, art. 1; DORS/2007-290, art. 3; DORS/2009-90, art. 1 et 2; DORS/2009 DORS/2010-219, art. 1; DORS/2010-304, art. 1; DORS/2011-285, art. 2; DORS/2012-136, art 2015-160, art. 3; DORS/2016-261, art. 1; DORS/2018-134, art. 1; DORS/2018-240, art. 1; DOR DORS/2019-49, art. 2; DORS/2019-118, art. 2; DORS/2019-130, art. 2; DORS/2019-135, art. 1; D DORS/2019-295, art. 4; DORS/2019-295, art. 5; DORS/2019-296, art. 2; DORS/2019-296, art. 3 2; DORS/2020-151, art. 3; DORS/2020-238, art. 1; DORS/2020-238, art. 2; DORS/2020-253, art. Subpart 4 — Charges General 104.01 Subject to section 104.03, the charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing, on or after January 1, 1998 of a document referred to in column I of an item of Schedules I to VII to this Subpart is the charge set out in column II of the item. SOR/97-542, s. 1. 104.02 As provided by paragraph 4.4(2)(b) of the Act, if a document referred to in column I of an item of Schedules I to VII to this Subpart is not issued, renewed, amended or endorsed but action preparatory thereto has been carried out, the charge calculated in accordance with section 104.01, 104.03 or 104.04 is payable. SOR/97-542, s. 1. Aeronautical Product Approvals 104.03 (1) Subject to subsection (2), the charge imposed in respect of the issuance, renewal, amendment or endorsement on or after January 1, 1998 of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the amount calculated on the basis of $40 per hour for each technical specialist assigned to the processing of the application, which amount shall not exceed the charge set out in column II of the item. (2) If, at the request of the applicant, an application is processed by technical specialists who would not otherwise be available under Department of Transport policy to process the application and who are dedicated on an exclusive, priority basis to the application, the charge imposed in respect of the issuance, renewal, amendment or endorsement on or after January 1, 1998 of a document Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 4 — Charges Aeronautical Product Approvals Sections 104.03-104.06 referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the amount calculated on the basis of $120 per hour for each technical specialist assigned to the processing of the application. SOR/97-542, s. 1. Processing of Applications outside Canada 104.04 (1) In addition to a charge referred to in section 104.01 to 104.03, when an employee of the Department of Transport must travel outside Canada to process an application for the issuance, renewal, amendment or endorsement of a document, the following expenses that relate to the processing of the application are payable: (a) transportation, lodging, meal and incidental expenses, as calculated in accordance with the rates set out in the National Joint Council Travel Directive; and (b) overtime expenses, as calculated in accordance with the appropriate collective agreement, for performing the service or travelling to perform the service on weekdays, when the total duty time for the day exceeds 7.5 hours, and on Saturdays, Sundays and Canadian statutory holidays. (2) The Minister shall, on request by an applicant, provide an estimate of the expenses referred to in subsection (1). SOR/97-542, s. 1; SOR/2019-119, s. 3. Payment 104.05 Subject to section 104.06, a charge imposed under this Subpart is payable in Canadian dollars at the time the service is commenced. SOR/97-542, s. 1. 104.06 A charge is payable in Canadian dollars within 30 days after the date indicated on each invoice presented by the Minister for the service, in the case of a charge imposed in respect of (a) the processing of medical certificates referred to in item 21 of Schedule IV to this Subpart; (b) aeronautical product approvals referred to in section 104.03; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE I Payment Sections 104.06-104.07 (c) the expenses referred to in section 104.04 in respect of the processing of applications outside Canada. SOR/97-542, s. 1; SOR/2011-284, s. 1. Transitional Provisions 104.07 (1) Subject to subsection (2), in the case of a service that was commenced but not completed before January 1, 1998, the charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing of a document referred to in column I of an item of Schedules I to VII to this Subpart is the lesser of (a) the charge payable under these Regulations, as they read immediately before January 1, 1998, and (b) the charge set out in column II of the item. (2) In the case of a service that was commenced but not completed before January 1, 1998, the charge imposed in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the greater of (a) the charge payable under these Regulations, as they read immediately before January 1, 1998, and (b) the amount calculated on the basis of $40 per hour starting January 1, 1998 for each technical specialist assigned to the processing of the application, which amount shall not exceed the charge set out in column II of the item. SOR/97-542, s. 1. SCHEDULE I (Sections 104.01 and 104.02 and subsection 104.07(1)) General Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Issuance of a ministerial exemption under subsection 5.9(2) of the Aeronautics Act....... 475 Replacement of a mutilated, lost or destroyed Canadian aviation document ....... 35 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE II Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Issuance, in response to a request by industry, of an evaluation or authorization of industry training products ......................... 690 Provision of a response to a request by the public for aircraft history ................................ 55 SOR/97-542, s. 1. SCHEDULE II (Sections 104.01 and 104.02 and subsection 104.07(1)) Aircraft Registration Column I Column II Item Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Reservation of a registration mark ................ 45 Issuance or reservation of a special registration mark ............................................. 140 Issuance of a certificate of registration, in respect of (a) a provisional or temporary registration .............................................................. 65 (b) a continuing registration .................... 110 (c) an amendment to a certificate, other than a change of address .......................... 65 (d) a small remotely piloted aircraft registration........................................................ 5 SOR/97-542, s. 1; SOR/2019-11, s. 7. SCHEDULE III (Sections 104.01 and 104.02 and subsection 104.07(1)) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE IV Section 104.07 Aircraft Leasing Column I Item 1 Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Issuance of an authorization permitting the operation of an aircraft as part of a leasing operation, to (a) a Canadian air operator that leases a Canadian commercial aircraft from another Canadian air operator (CAR 203.02(1)(a)) ................................................ 520 (b) a foreign air operator that leases a Canadian commercial aircraft from a Canadian air operator or Canadian aircraft manufacturer (CAR 203.02(1)(b) and (d)) ............................................................... 1,200 (c) a Canadian air operator that leases an aircraft that is registered in a foreign state (CAR 203.02(1)(c)) ............................. 995 SOR/97-542, s. 1. SCHEDULE IV (Sections 104.01 and 104.02 and subsection 104.07(1)) Personnel Licensing and Training Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Conduct, by an employee of the Department of Transport, of the writing or rewriting of an examination for a flight crew licence ....... 105 Conduct, by a person other than an employee of the Department of Transport, of the writing or rewriting of an examination for a flight crew licence ................................... 65 Conduct of the writing or rewriting of a supplementary examination for a flight crew licence .............................................................. 35 Conduct of the writing or rewriting of an examination for a flight crew permit, rating or endorsement, or for recency requirements ................................................... 35 Conduct, by an employee of the Department of Transport, of a flight test required under Part IV, VI or VII, including the endorsement of a rating ......................................................... 200 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE IV Section 104.07 Column I Column II Item Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Issuance of (a) a private pilot licence — aeroplane or a private pilot licence — helicopter .......... 55 (b) a pilot licence — balloon or a pilot licence — glider ........................................... 55 (c) a pilot permit — ultra-light aeroplane or a pilot permit — gyroplan ..................... 55 (d) a pilot permit — recreational ............... 55 Issuance of (a) a commercial pilot licence ................... 80 (b) an airline transport pilot licence ......... 100 Issuance of a flight engineer licence ............. 80 Issuance of an air traffic controller licence ... 75 Conduct, by an employee of the Department of Transport, of the writing or rewriting of each technical examination for the issuance of an aircraft maintenance engineer licence . 50 Conduct, by an employee of the Department of Transport, of the writing or rewriting of the Transport Canada regulatory requirements examination for the issuance of an aircraft maintenance engineer licence . 100 Issuance of an aircraft maintenance engineer licence .............................................. 115 Renewal of an aircraft maintenance engineer licence .............................................. 40 Issuance of a foreign licence validation certificate (CAR 401.07) ................................... 45 Endorsement of a flight crew licence or permit with a rating, other than an endorsement referred to in item 5 ................. 30 Endorsement of an aircraft maintenance engineer licence with an additional rating .... 30 Issuance of a temporary licence, permit or medical certificate at the request of the applicant or holder .......................................... 40 Issuance of an extension to the validity period of an instrument rating, a flight instructor rating or a medical certificate ....... 50 Issuance of an approved training organization certificate to an organization providing aircraft maintenance engineer training (CAR 403.08) ...................................... 1000 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE IV Section 104.07 Column I Item 20 Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Approval of an aircraft maintenance engineer training course (a) that is an additional course that will form part of the training to be provided under an approved training organization certificate .................................................... 400 (b) that is to be given on a one-time basis ................................................................ 400 Processing, by an employee of the Department of Transport, of a medical certificate in respect of a pilot licence or a pilot permit other than a student pilot permit ............................................................... 55 Conduct, by an employee of the Department of Transport, of a practical test (CAR 404.05) .............................................................. 200 Issuance of a flight training unit operator certificate ......................................................... 600 Reinstatement of a suspended flight training unit operator certificate or operations specification ..................................................... 75 Approval of an amendment to a flight training unit operator certificate or to an operations specification .................................. 75 Conduct of the taking or retaking of an examination for a pilot certificate — small remotely piloted aircraft (VLOS) — basic operations or a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations, or for recency requirements Conduct of the taking or retaking of an examination for a flight reviewer rating Issuance of a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations Endorsement of a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations with a flight reviewer rating Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE V Section 104.07 SOR/97-542, s. 1; SOR/2000-252, s. 1; SOR/2004-214, s. 1; SOR/2019-11, s. 8. SCHEDULE V (Sections 104.01 to 104.03 and 104.07) Aeronautical Product Approvals Column I Item 1 Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Issuance of a type certificate for aeronautical products that are the responsibility of the Department of Transport, in respect of (a) transport category aeroplanes ........... 504,680 (b) transport category rotorcraft .............. 196,560 (c) very light aeroplanes .......................... 91,730 (d) gliders and powered gliders .............. 16,350 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 131,040 (f) rotorcraft other than transport category rotorcraft ............................................ 131,040 (g) manned free balloons ......................... 17,365 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE V Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (h) airships ................................................. 22,930 (i) engines — turbine ................................ 347,255 (j) engines — reciprocating ...................... 277,805 (k) propellers ............................................. 7,860 Issuance of a type certificate following a Level 1 type design examination of aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of (a) transport category aeroplanes ........... 2,455 (b) transport category rotorcraft .............. 2,455 (c) very light aeroplanes .......................... 2,455 (d) gliders and powered gliders .............. 2,455 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 2,455 (f) rotorcraft other than transport category rotorcraft ............................................ 2,455 (g) manned free balloons ......................... 1,500 (h) airships ................................................. 1,500 (i) engines — turbine ................................ 2,455 (j) engines — reciprocating ...................... 2,455 (k) propellers ............................................. 750 Issuance of a type certificate following a Level 2 type design examination of aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of (a) transport category aeroplanes ........... 185,160 (b) transport category rotorcraft .............. 144,000 (c) very light aeroplanes .......................... 33,665 (d) gliders and powered gliders .............. 6,000 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 90,000 (f) rotorcraft other than transport category rotorcraft ............................................ 90,000 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE V Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (g) manned free balloons ......................... 6,372 (h) airships ................................................. 8,416 (i) engines — turbine ................................ 19,800 (j) engines — reciprocating ...................... 15,840 (k) propellers ............................................. 4,500 Issuance of a type certificate following a Level 3 type design examination of aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of (a) transport category aeroplanes ........... 231,450 (b) transport category rotorcraft .............. 180,000 (c) very light aeroplanes .......................... 42,082 (d) gliders and powered gliders .............. 7,500 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 112,500 (f) rotorcraft other than transport category rotorcraft ............................................ 112,500 (g) manned free balloons ......................... 7,965 (h) airships ................................................. 10,520 (i) engines — turbine ................................ 24,750 (j) engines — reciprocating ...................... 19,800 (k) propellers ............................................. 4,500 Issuance of an amended type certificate to add derivative products that are the responsibility of the Department of Transport, in respect of (a) transport category aeroplanes ........... 307,945 (b) transport category rotorcraft .............. 119,980 (c) very light aeroplanes .......................... 55,990 (d) gliders and powered gliders .............. 9,980 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 79,985 (f) rotorcraft other than transport category rotorcraft ............................................ 79,985 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE V Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (g) manned free balloons ......................... 10,600 (h) airships ................................................. 13,995 (i) engines — turbine ................................ 42,590 (j) engines — reciprocating ...................... 34,070 (k) propellers ............................................. 4,800 Issuance of an amended type certificate following a Level 1 type design examination to add derivative products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of (a) transport category aeroplanes ........... 2,455 (b) transport category rotorcraft .............. 2,455 (c) very light aeroplanes .......................... 2,455 (d) gliders and powered gliders .............. 2,455 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 2,455 (f) rotorcraft other than transport category rotorcraft ............................................ 2,455 (g) manned free balloons ......................... 1,500 (h) airships ................................................. 1,500 (i) engines — turbine ................................ 2,455 (j) engines — reciprocating ...................... 2,455 (k) propellers ............................................. 750 Issuance of an amended type certificate following a Level 2 type design examination to add derivative products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of (a) transport category aeroplanes ........... 113,020 (b) transport category rotorcraft .............. 87,896 (c) very light aeroplanes .......................... 20,549 (d) gliders and powered gliders .............. 3,662 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 54,935 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE V Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (f) rotorcraft other than transport category rotorcraft ............................................ 54,935 (g) manned free balloons ......................... 3,890 (h) airships ................................................. 5,137 (i) engines — turbine ................................ 12,086 (j) engines — reciprocating ...................... 9,669 (k) propellers ............................................. 4,500 Issuance of an amended type certificate following a Level 3 type design examination to add derivative products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of (a) transport category aeroplanes ........... 141,275 (b) transport category rotorcraft .............. 109,870 (c) very light aeroplanes .......................... 25,686 (d) gliders and powered gliders .............. 4,578 (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders ..................... 68,669 (f) rotorcraft other than transport category rotorcraft ............................................ 68,669 (g) manned free balloons ......................... 4,862 (h) airships ................................................. 6,422 (i) engines — turbine ................................ 15,107 (j) engines — reciprocating ...................... 12,086 (k) propellers ............................................. 4,500 Issuance of a Canadian Technical Standard Order (CAN–TSO) design approval for an appliance or part ............................................. 700 Issuance of an amended Canadian Technical Standard Order (CAN–TSO) design approval for an appliance or part ...... 200 Issuance of the following design approval documents to record a repair, a replacement part or a change to the type design for which the design was approved by an employee of the Department of Transport: (a) a supplemental type certificate .......... 1,900 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE V Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (b) a supplemental type certificate (single product serial number) ....................... 470 (c) a supplemental type certificate (several product serial numbers) .................... 600 (d) a part design approval ........................ 1,900 (e) a repair design approval (repair design) ............................................................ 470 (f) a repair design approval (repair process) ............................................................ 600 Issuance of the following design approval documents to record a repair or a change to the type design for which the design was approved by a delegate of the Department of Transport: (a) a supplemental type certificate (single product serial number) ....................... 220 (b) a supplemental type certificate (several product serial numbers) .................... 220 (c) a repair design approval ..................... 220 Issuance of the following amended design approval documents associated with a repair, a replacement part or a change to the type design for which the design was initially approved by an employee of the Department of Transport: (a) a supplemental type certificate .......... 200 (b) a part design approval ........................ 200 (c) a repair design approval ..................... 200 Issuance of the following amended design approval documents associated with a repair or a change to the type design for which the design was initially approved by a delegate of the Department of Transport: (a) a supplemental type certificate .......... 180 (b) a repair design approval ..................... 180 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE VI Section 104.07 SOR/97-542, s. 1; SOR/2009-280, ss. 5 to 17. SCHEDULE VI (Sections 104.01 and 104.02 and subsection 104.07(1)) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE VI Section 104.07 Maintenance and Manufacturing Column I Item 1 Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Issuance of the following flight authorities by an employee of the Department of Transport: (a) a certificate of airworthiness for an aircraft in the transport category, other than a certificate issued on importation of the aircraft .............................................. 180 (b) a certificate of airworthiness for an aircraft not in the transport category, other than a certificate issued on importation of the aircraft ...................................... 125 (c) a certificate of airworthiness for an aircraft in the transport category, issued on importation of the aircraft .................... 1,260 (d) a certificate of airworthiness for an aircraft not in the transport category, issued on importation of the aircraft ........... 590 Issuance of a special certificate of airworthiness ................................................... 250 Reinstatement of a suspended certificate of airworthiness ................................................... 410 Issuance of a flight permit in the following classifications: (a) experimental ........................................ 285 (b) specific-purpose .................................. 45 Validation of a flight authority, in respect of (a) a foreign aircraft, other than a foreign amateur-built aircraft, operating in Canada ........................................................ 100 (b) a foreign amateur-built aircraft operating in Canada .......................................... 25 Approval of an amendment to the operations specifications set out in the flight authority in respect of an amateur-built aircraft .............................................................. 35 Issuance of an export airworthiness certificate by an employee of the Department of Transport, in respect of (a) transport category aeroplanes and transport category rotorcraft ..................... 2,500 (b) very light aeroplanes, airships and aeroplanes and rotorcraft other than transport category aeroplanes and transport category rotorcraft ............................. 400 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE VI Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (c) gliders, powered gliders and manned free balloons ............................................... 200 Issuance of a certificate of approval for a maintenance, manufacturing or distributing organization, in respect of organizations with the following number of technical employees (employees who are carrying out maintenance-, manufacturing- or distribution-related activities): (a) three employees or fewer ................... 300 (b) more than three but fewer than 11 employees .................................................. 1,200 (c) more than 10 but fewer than 51 employees ........................................................ 4,920 (d) 51 or more employees ........................ 6,090 Reinstatement of a suspended certificate of approval for a maintenance, manufacturing or distributing organization, in respect of organizations with the following number of technical employees: (a) three employees or fewer ................... 150 (b) more than three but fewer than 11 employees .................................................. 600 (c) more than 10 but fewer than 51 employees ........................................................ 2,460 (d) 51 or more employees ........................ 3,000 Approval of an aircraft maintenance schedule, in respect of (a) a large aircraft, a turbine- powered pressurized aircraft, a turbine-powered helicopter or an airship ............................. 1,400 (b) any other aircraft ................................. 180 Approval of an amendment to the tasks or intervals set out in an aircraft maintenance schedule other than an amendment requested by an employee of the Department of Transport ................................ 100 Issuance of a restricted certification authority ........................................................... 250 Issuance of a letter of initial acceptance to European Joint Aviation Requirements (JAR-145) maintenance organizations ........... 1,200 Issuance of a letter of renewal to European Joint Aviation Requirements (JAR-145) maintenance organizations ............................ 800 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE VII Section 104.07 Column I Item 15 Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Inspection, by an employee of the Department of Transport, of an amateurbuilt aircraft during construction ................... 230 SOR/97-542, s. 1. SCHEDULE VII (Sections 104.01 and 104.02 and subsection 104.07(1)) Air Operations Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Special Flight Operations Issuance of a special flight operations certificate, in respect of (a) a special aviation event with 10,000 or fewer spectators .................................... 50 (b) a special aviation event with more than 10,000 spectators and 50,000 or fewer spectators ......................................... 100 (c) a special aviation event with more than 50,000 spectators ............................... 200 (d) balloon operations with fare-paying passengers ................................................. 475 Issuance of a statement of aerobatic competency (Standard 623.06) ...................... 125 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE VII Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) Private Operators 3 to 7 [Repealed, SOR/2005-341, s. 2] Commercial Air Services 8 Issuance of an air operator certificate, in respect of (a) aerial work (CAR 702) .......................... 2,500 (b) air taxi operations — VFR (CAR 703) . 2,700 (c) air taxi operations — IFR (CAR 703) ... 4,700 (d) commuter operations (CAR 704) ........ 8,000 (e) airline operations — turbine-powered aircraft having 50 or more passenger seats (CAR 705) .......................................... 30,000 (f) other airline operations (CAR 705) ..... 20,000 Issuance of a Canadian foreign air operator certificate (CAR 701) ........................................ 500 Issuance of an amendment to an air operator certificate, other than an amendment to remove an authority, in respect of (a) an air operator certificate — aerial work ............................................................ 450 (b) the introduction of a new aircraft type — aerial work ..................................... 500 (c) an air operator certificate — air taxi operations — VFR ...................................... 450 (d) the introduction of a new aircraft type — air taxi operations — VFR ............. 525 (e) an air operator certificate — air taxi operations — IFR ........................................ 450 (f) the introduction of a new aircraft type — air taxi operations — IFR ...................... 525 (g) an air operator certificate — commuter operations ....................................... 775 (h) the introduction of a new aircraft type — commuter operations ................... 900 (i) an air operator certificate or operations specifications — airline operations — turbine-powered aircraft having 50 or more passenger seats ............................... 1,000 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions SCHEDULE VII Section 104.07 Column I Item Column II Document or Preparatory Action in Respect of Which a Charge Is Imposed Charge ($) (j) an air operator certificate or operations specifications — other airline operations ................................................... 1,000 (k) the introduction of a new aircraft type — airline operations — turbinepowered aircraft having 50 or more passenger seats ............................................... 20,000 (l) the introduction of a new aircraft type — other airline operations ........................ 12,000 Issuance of an amendment to a Canadian foreign air operator certificate ....................... 100 Issuance of an amendment to the operations specifications in a Canadian foreign air operator certificate, other than to remove an authority ........................................ 125 Reinstatement of a suspended air operator certificate or of operations specifications, other than in the case of a voluntary surrender of the certificate, in respect of (a) aerial work ............................................ 450 (b) air taxi operations — VFR ................... 450 (c) air taxi operations — IFR ..................... 450 (d) commuter operations ......................... 800 (e) airline operations — turbine — powered aircraft having 50 or more passenger seats ..................................................... 800 (f) other airline operations ....................... 800 Issuance of an amendment to an air operator certificate or a Canadian foreign air operator certificate or to operations specifications to remove an authority ........... 50 Reinstatement of a Canadian foreign air operator certificate or of operations specifications, other than in the case of a voluntary surrender of the certificate ............ 75 Issuance of a ministerial authorization under Part VII, other than under section 701.10 ...... 325 Reinstatement of an air operator certificate or Canadian foreign air operator certificate that was voluntarily surrendered ................... 50 Printing of a copy of an air operator certificate for a non-holder of the certificate . 50 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 4 — Charges Transitional Provisions Section 105.01 SOR/97-542, s. 1; SOR/2004-29, s. 1; SOR/2005-341, s. 2. Subpart 5 — Aerial Sightseeing Flights 105.01 (1) In this section, aerial sightseeing flight means a flight carried out as part of a sightseeing operation or any other commercial flight in an aircraft conducted for the purpose of sightseeing from the air. (2) No person shall conduct an aerial sightseeing flight, or any portion of an aerial sightseeing flight, in the control zone of the Québec/Jean Lesage International Airport unless the flight commences at that airport. SOR/98-20, s. 1. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 6 — Accountable Executive Sections 106.01-106.02 Subpart 6 — Accountable Executive Application 106.01 This Subpart applies in respect of the following certificates: (a) an airport certificate issued under section 302.03; (b) a flight training unit operator certificate issued under section 406.11; (c) a manufacturer certificate issued under section 561.03; (d) an approved maintenance organization (AMO) certificate issued under section 573.02; (e) an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07; and (f) an ATS operations certificate issued under section 801.05. SOR/2005-173, s. 8; SOR/2005-348, s. 3; SOR/2007-290, s. 4. Appointment and Acceptance 106.02 (1) The applicant for, or the holder of, a certificate referred to in section 106.01 shall (a) appoint an individual as accountable executive to be responsible for operations or activities authorized under the certificate and accountable on their behalf for meeting the requirements of these Regulations; (b) notify the Minister of the name of the person appointed; and (c) ensure that the accountable executive submits to the Minister a signed statement that they accept the responsibilities of their position within 30 days after their appointment. (2) No person shall be appointed under subsection (1) unless they have control of the financial and human resources that are necessary for the activities and operations authorized under the certificate. SOR/2005-173, s. 8. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 6 — Accountable Executive Accountability Sections 106.03-107.01 Accountability 106.03 The responsibility and accountability of the accountable executive appointed under subsection 106.02(1) are not affected by the existence of (a) a person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) or 706.03(1)(a); (b) a person responsible for maintenance appointed under paragraph 573.03(1)(a); (c) an operations manager referred to in section 702.07, 703.07, 704.07 or 705.07; or (d) a maintenance manager referred to in section 702.07, 703.07, 704.07 or 705.07. SOR/2005-173, s. 8. More Than One Certificate 106.04 If a certificate holder is the holder of more than one certificate referred to in section 106.01, only one accountable executive shall be appointed under paragraph 106.02(1)(a) to be responsible for the operations or activities authorized under the certificates. SOR/2005-173, s. 8; SOR/2007-290, s. 5(F). Subpart 7 – Safety Management System Requirements Application 107.01 (1) This Subpart, except paragraph 107.03(g), applies to an applicant for, or a holder of, one of the following certificates: (a) an approved maintenance organization (AMO) certificate issued under section 573.02 authorizing the holder to perform maintenance on an aircraft operated under Subpart 5 of Part VII; or (b) an air operator certificate issued under section 705.07. (2) This Subpart applies to an applicant for, or a holder of, one of the following certificates: (a) an airport certificate issued under section 302.03; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 7 – Safety Management System Requirements Application Sections 107.01-107.03 (b) an ATS operations certificate issued under section 801.05. (3) This Subpart, except sections 107.02 and 107.03, and the requirements set out in Subpart 4 of Part VI in respect of the safety management system apply to the holder of a private operator registration document. SOR/2005-173, s. 8; SOR/2007-290, s. 6; SOR/2014-131, s. 4. Establishing a Safety Management System 107.02 The applicant for, or the holder of, a certificate referred to in subsections 107.01(1) or (2) shall establish and maintain a safety management system. SOR/2005-173, s. 8; SOR/2014-131, s. 5. Safety Management System 107.03 A safety management system shall include (a) a safety policy on which the system is based; (b) a process for setting goals for the improvement of aviation safety and for measuring the attainment of those goals; (c) a process for identifying hazards to aviation safety and for evaluating and managing the associated risks; (d) a process for ensuring that personnel are trained and competent to perform their duties; (e) a process for the internal reporting and analyzing of hazards, incidents and accidents and for taking corrective actions to prevent their recurrence; (f) a document containing all safety management system processes and a process for making personnel aware of their responsibilities with respect to them; (g) a quality assurance program; (h) a process for conducting periodic reviews or audits of the safety management system and reviews or audits, for cause, of the safety management system; and (i) any additional requirements for the safety management system that are prescribed under these Regulations. SOR/2005-173, s. 8; SOR/2007-290, s. 7; SOR/2019-119, s. 4(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 7 – Safety Management System Requirements Safety Management System Sections 107.03-109.03 Size 107.04 A safety management system shall be adapted to the size, nature and complexity of the operations, activities, hazards and risks associated with the operations of the holder of a document referred to in section 107.01. SOR/2005-173, s. 8; SOR/2014-131, s. 6. Subpart 8 — [Reserved] Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention Canada as the State of the Operator 109.01 These Regulations apply to a foreign-registered aircraft operated by a Canadian operator and to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically included under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention. SOR/2005-354, s. 2. Canada as the State of Registry 109.02 These Regulations do not apply to a Canadian aircraft operated by a foreign operator or to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically excluded under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention. SOR/2005-354, s. 2. Surrender of Certificate of Airworthiness 109.03 (1) If the responsibility set out in Article 31 of the Convention to issue or to render valid a certificate of airworthiness for a Canadian aircraft is transferred to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention Surrender of Certificate of Airworthiness Sections 109.03-109.06 another contracting State in accordance with Article 83 bis of the Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer. (2) The registered owner of the aircraft shall surrender the certificate of airworthiness to the Minister within seven days after the day on which the registered owner receives a notice from the Minister informing the registered owner of the coming into force of an agreement entered into in accordance with Article 83 bis of the Convention. SOR/2005-354, s. 2; SOR/2014-286, s. 1. Reinstatement of the Certificate of Airworthiness 109.04 Upon termination of a transfer to another contracting State, in accordance with Article 83 bis of the Convention, of the responsibility to issue or to render valid a certificate of airworthiness for a Canadian aircraft as set out in Article 31 of the Convention, the Minister shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the applicable importation requirements specified in section 507.07. SOR/2005-354, s. 2. Notice of Termination of Agreement 109.05 If an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis of the Convention, is terminated on a date earlier than the date of expiration set out in the agreement or arrangement, the Canadian operator of the aircraft if it is a foreign-registered aircraft or the registered owner of the aircraft if it is a Canadian aircraft shall inform the Minister in writing of the actual date of termination within seven days of its occurrence. SOR/2005-354, s. 2. Third Party Operation in Canada 109.06 If an aircraft that is subject to an agreement for the lease, charter or interchange of an aircraft or any similar arrangement is also subject to an agreement in accordance with Article 83 bis of the Convention to which Canada is not a party and is operated in Canada, any references in these Regulations to the “State of registry” with respect to the transferred responsibilities shall be interpreted to read “State of the operator”. SOR/2005-354, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations PART I General Provisions Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention Third Party Operation in Canada Sections 109.06-200.01 Conflicting Provisions 109.07 If Canada enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the provisions of this Subpart shall take precedence over any conflicting provisions of these Regulations. SOR/2005-354, s. 2; SOR/2014-286, s. 2. Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Interpretation 200.01 In this Part, aircraft identification plate means a fireproof plate that is attached to an aircraft pursuant to subsection 201.01(2) or (3) and that identifies the aircraft as a whole; (plaque d’identification d’aéronef) approval number means a number assigned by the Minister to a manufacturer to identify the manufacturer as a manufacturer in respect of which a manufacturing approval has been granted in accordance with the applicable standards of airworthiness; (numéro d’agrément) certificate of registration means a certificate of registration issued pursuant to section 202.25 and includes a certificate of registration issued by a contracting state or a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada; (certificat d’immatriculation) commercial aircraft means an aircraft that is registered as a commercial aircraft pursuant to sections 202.16 and 202.17; (aéronef commercial) identification plate means a fireproof plate that contains the identification information referred to in section 201.08, subsection 201.09(2), section 201.10 or subsection 201.11(2); (plaque d’identification) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Interpretation Sections 200.01-200.02 marks means the nationality mark and the registration mark of an aircraft; (marques) nationality mark means a symbol, letter or numeral, or a combination thereof, used by a state to indicate the nationality of aircraft that are registered in that state; (marque de nationalité) registered, in respect of an aircraft, means registered pursuant to sections 202.16 and 202.17 or pursuant to the laws of a foreign state; (immatriculé) registration mark means the combination of letters or letters and numerals that is issued in respect of an aircraft by a state as a registration identification; (marque d’immatriculation) replica of a military aircraft means an aircraft of any scale that is a duplicate of an original military aircraft; (réplique d’un aéronef militaire) special registration mark means a specific registration mark requested by the applicant; (marque d’immatriculation spéciale) state aircraft means an aircraft that is registered as a state aircraft pursuant to sections 202.16 and 202.17; (aéronef d’État) vintage aircraft means an aircraft that was manufactured prior to January 1, 1957. (aéronef d’époque) SOR/2009-280, s. 18. Application 200.02 (1) Subject to subsection (2), this Part applies in respect of all Canadian aircraft, other than remotely piloted aircraft, operated in or outside Canada and section 202.01 also applies in respect of aircraft, other than remotely piloted aircraft, registered in a foreign state while operated in Canada. (2) Subpart 1 does not apply in respect of aircraft that, pursuant to subsection 202.13(1), are not required to be registered. SOR/2019-11, s. 9. [200.03 and 200.04 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Section 201.01 Subpart 1 — Identification of Aircraft and Other Aeronautical Products Aircraft Identification Plates 201.01 (1) Except for an aircraft that is operated pursuant to an authorization issued under subsection 202.14(1), no person shall operate an aircraft in flight unless there is an aircraft identification plate attached to the aircraft in accordance with this Subpart. (2) Subject to subsection (3), where a person manufactures an aircraft or is an aircraft owner that obtains an authorization referred to in subsection (6), the manufacturer or aircraft owner, as the case may be, shall attach to the aircraft an aircraft identification plate that contains the information required by subsection (4) (a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the structure of the aircraft in a place where it is visible to a person on the ground or to a person at the main entrance or rearmost entrance door; (b) in the case of an ultra-light aeroplane, in a position near the pilot seat where it is readily visible; and (c) in the case of a balloon, to the lower or upper girdle of the envelope in a place where it is readily visible prior to inflation. (3) Where the configuration of an aircraft precludes the attachment of an aircraft identification plate in a location specified in subsection (2), the Minister shall, on application in writing by the manufacturer or owner of the aircraft, authorize an alternative location for the attachment of the aircraft identification plate. (4) An aircraft identification plate attached to an aircraft shall have the following information permanently etched, engraved or stamped on it, namely, (a) the name of the manufacturer and, if the manufacturer is an entity, its legal name; (b) the manufacturer’s model designation described in the type certificate or equivalent document; (c) the type certificate number or equivalent designation, if applicable; and (d) the aircraft serial number. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Aircraft Identification Plates Sections 201.01-201.02 (5) Where an aircraft does not have an aircraft identification plate, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach an aircraft identification plate to the aircraft. (6) On receipt of an application submitted in accordance with subsection (5) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner that permits the owner to attach an aircraft identification plate to the aircraft. (7) Where an authorization is issued by the Minister pursuant to subsection (6), the owner of the aircraft shall attach an aircraft identification plate to the aircraft in accordance with subsection (2) or (3), as applicable. SOR/2000-405, s. 2; SOR/2003-271, s. 2. Modifications 201.02 Where a person modifies an aircraft in accordance with approved data, as that term is defined in section 571.06 of the Airworthiness Manual, and the modification results in a change in the model designation as specified by the manufacturer in the approved data, the person shall, before the next flight of the aircraft, attach to the aircraft, as near as possible to the original aircraft identification plate, an additional aircraft identification plate on which the following information is permanently etched, engraved or stamped: (a) the name of the person who performed the modification and, if that person is an entity, its legal name; (b) the new model designation described in the supplemental type certificate or equivalent document; (c) the supplemental type certificate number or equivalent designation; and (d) the aircraft serial number. SOR/2000-405, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Removal, Replacement and Attachment of, and Alteration of Information on, Aircraft Identification Plates Section 201.03 Removal, Replacement and Attachment of, and Alteration of Information on, Aircraft Identification Plates 201.03 (1) Subject to subsection (5), no person shall, without authorization from the Minister pursuant to subsection (3), (a) remove or replace an aircraft identification plate; (b) attach to an aircraft an aircraft identification plate that was attached to another aircraft; or (c) alter the information on an aircraft identification plate. (2) Where the owner of an aircraft wishes to perform one of the actions referred to in subsection (1), the owner shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to perform that action. (3) On receipt of an application submitted pursuant to subsection (2) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to perform the action in respect of which the authorization was sought. (4) Where an authorization is issued by the Minister pursuant to subsection (3), the owner of the aircraft shall perform the authorized action before the next flight of the aircraft. (5) A person may, without authorization from the Minister, remove an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft. (6) Any person who removes an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft shall, immediately after completing the work, re-attach the aircraft identification plate in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Loss or Theft of or Damage to an Aircraft Identification Plate Sections 201.04-201.06 Loss or Theft of or Damage to an Aircraft Identification Plate 201.04 (1) Where an aircraft identification plate is lost, stolen or damaged, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach a replacement aircraft identification plate to the aircraft. (2) On receipt of an application submitted pursuant to subsection (1) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to replace the lost, stolen or damaged aircraft identification plate. (3) Where an authorization is issued by the Minister pursuant to subsection (2), the owner of the aircraft shall, before the next flight of the aircraft, attach the replacement aircraft identification plate to the aircraft in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable. Identification of Engines, Propellers, Life-limited Components, Appliances, Parts, Balloon Baskets and Burner Assemblies 201.05 (1) No person shall operate an aircraft in flight unless each engine, propeller, life-limited component, appliance, part, balloon basket, or burner assembly for a balloon is identified in accordance with sections 201.06 to 201.11. (2) Subject to subsections 201.10(4) and (5), the identification information required under sections 201.08 to 201.11 shall be permanently etched, engraved or stamped directly on the aeronautical product or on an identification plate securely attached to it. SOR/2009-280, s. 19. Engine Identification 201.06 (1) The manufacturer of an aircraft engine or an aircraft engine module shall place thereon, in accordance with subsections (2) and 201.05(2), the identification information required by section 201.08. (2) Identification information or an identification plate that contains such information shall be placed on an Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Engine Identification Sections 201.06-201.09 aircraft engine or on an aircraft engine module in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident. Propeller Identification 201.07 (1) The manufacturer of a fixed pitch propeller, a propeller blade or a propeller hub shall place thereon, in accordance with subsections (2) and 201.05(2), the identification information required by section 201.08. (2) Identification information or an identification plate that contains such information shall be placed on a fixed pitch propeller, a propeller blade or a propeller hub in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident. Information Relating to Aircraft Engines and Propellers 201.08 The identification information that shall be placed on an aircraft engine, aircraft engine module, fixed pitch propeller, propeller blade and propeller hub is (a) the name of the manufacturer and, if the manufacturer is an entity, its legal name; (b) the manufacturer’s model designation as described in the type certificate or equivalent document; (c) the type certificate number or equivalent designation; (d) the aeronautical product serial number; and (e) in the case of an aircraft engine, the power rating established for the engine by the manufacturer. SOR/2000-405, s. 4. Life-limited Component Identification 201.09 (1) The manufacturer of a component for which a life limitation has been established by type design shall place thereon, in accordance with subsection 201.05(2), the identification information referred to in subsection (2). (2) The identification information that shall be placed on a component is Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Life-limited Component Identification Sections 201.09-201.10 (a) the part number of the component or an equivalent series of identifying characters; and (b) the serial number of the component or an equivalent series of identifying characters. Appliance and Part Identification 201.10 (1) Subject to subsections (4) and (5), the manufacturer of an appliance or a part — including a part approved through the issuance of a part design approval — shall place on it, in the manner specified in subsection 201.05(2), the following identification information: (a) the name, trademark or symbol identifying the manufacturer and, if the manufacturer is an entity, its legal name; (b) the manufacturer’s approval number; and (c) the part number of the appliance or part. (2) Subject to subsections (4) and (5), the manufacturer of an appliance or a part for which a Canadian Technical Standard Order (CAN-TSO) design approval has been issued under section 521.109 shall place on it, in the manner specified in subsection 201.05(2), the following additional identification information: (a) the manufacturer’s address; (b) the name, type or model designation of the appliance or part, if any; (c) the serial number or the date of manufacture of the appliance or part; (d) the letters “CAN-TSO” followed by the applicable CAN-TSO number; and (e) any additional markings required by the applicable CAN-TSO. (3) Subject to subsections (4) and (5), the manufacturer of an appliance or a part for which a type certificate has been issued by the Minister shall place on it, in the manner specified in subsection 201.05(2), the following additional identification information: (a) the manufacturer’s address; (b) the name, type or model designation of the appliance or part, if any; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Appliance and Part Identification Sections 201.10-201.12 (c) the serial number or the date of manufacture of the appliance or part; and (d) the type certificate designation or a reference to the applicable standard of airworthiness. (4) The manufacturer of an auxiliary power unit shall, in the manner specified in subsection 201.05(2), place the identification information specified in subsection (1) on the unit in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident. (5) If an appliance or a part is too small or if it is otherwise impractical to place on it some or all of the information required by subsection (1), (2) or (3), the information that cannot be placed on the appliance or part shall be placed on its container or on the authorized release certificate referred to in section 561.10 of Standard 561 — Standard for Approved Manufacturers. SOR/2000-405, s. 5; SOR/2009-280, s. 20. Balloon Basket and Burner Assembly Identification 201.11 (1) The manufacturer of a balloon basket or a burner assembly for a balloon shall place thereon, in accordance with subsection 201.05(2), the identification information referred to in subsection (2). (2) The identification information that shall be placed on a balloon basket and on a burner assembly is (a) the name of the manufacturer and, if the manufacturer is an entity, its legal name; (b) the part number of the basket or the burner assembly or an equivalent series of identifying characters; and (c) the serial number of the basket or the burner assembly or an equivalent series of identifying characters. SOR/2000-405, s. 6. Removal and Replacement of Identification Plates and Alteration of Identification Information on Aeronautical Products Other Than Aircraft 201.12 (1) No person shall remove or replace an identification plate attached to an aeronautical product that is Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 1 — Identification of Aircraft and Other Aeronautical Products Removal and Replacement of Identification Plates and Alteration of Identification Information on Aeronautical Products Other Than Aircraft Section 201.12 not an aircraft or alter the identification information that is required by section 201.06, 201.07, 201.09, 201.10 or 201.11 to be on an aeronautical product that is not an aircraft unless a written application is submitted to the Minister, including evidence that establishes the identity of the aeronautical product, and a written authorization is issued by the Minister pursuant to subsection (4). (2) Subsection (1) does not apply to a person who (a) removes an identification plate from an aeronautical product that is not an aircraft for the purpose of performing work on the aeronautical product; or (b) removes or replaces an identification plate or alters the identification information on an aeronautical product that is not an aircraft if the removal, replacement or alteration is made necessary by a modification or repair to the aeronautical product that is performed in accordance with section 571.06. (3) Any person who removes or replaces an identification plate or alters any identification information under subsection (2) shall, before the aeronautical product is used in flight, replace the identification plate or alter the identification information in accordance with section 201.06, 201.07, 201.09, 201.10 or 201.11, as applicable. (4) On receipt of an application referred to in subsection (1) that includes evidence that establishes the identity of the aeronautical product, the Minister shall issue a written authorization to the applicant that permits the applicant to remove or replace an identification plate or alter the identification information required to be on the aeronautical product pursuant to section 201.06, 201.07, 201.09, 201.10 or 201.11. (5) Where an authorization is issued by the Minister pursuant to subsection (4), the applicant shall, before the aeronautical product is used in flight, remove or replace the identification plate or alter the identification information required to be on the aeronautical product pursuant to section 201.06, 201.07, 201.09, 201.10 or 201.11. SOR/2009-280, s. 21. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Sections 202.01-202.02 Subpart 2 — Aircraft Marking and Registration Division I — Aircraft Marks Requirements for Marks on Aircraft 202.01 (1) Subject to subsection (2), no person shall operate an aircraft in Canada unless its marks are visible and are displayed (a) in the case of a Canadian aircraft, in accordance with the requirements of the Aircraft Marking and Registration Standards; and (b) in the case of an aircraft registered in a foreign state, in accordance with the laws of that foreign state. (2) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that does not display its marks if the aircraft is to be operated for the purpose of an exhibition, air show, motion picture production or television production. (3) The Minister may specify conditions in the authorization governing the operation of an aircraft referred to in subsection (2) as are necessary for its safe and proper operation. (4) No person shall operate an aircraft pursuant to an authorization issued under subsection (2) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified therein. Application for Issuance or Reservation of a Registration Mark 202.02 (1) The Minister shall, on receipt of an application made in accordance with the Aircraft Marking and Registration Standards, issue to or reserve a registration mark or a special registration mark for an applicant. (2) A registration mark or a special registration mark issued pursuant to subsection (1) is cancelled if the aircraft is not registered in Canada within 12 months after the day on which the registration mark was issued. (3) The reservation of a registration mark or a special registration mark pursuant to subsection (1) expires 12 months after the day on which the mark was reserved. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division I — Aircraft Marks Sections 202.02-202.04 (4) A registration mark or a special registration mark that is reserved under subsection (1) may be applied to an aircraft that is registered on a foreign register but shall be kept covered until the mark is issued to that aircraft. SOR/2000-405, s. 7. Aircraft Marks 202.03 (1) Subject to subsection (2), the nationality mark in respect of a Canadian aircraft is the letter “C” and the registration mark in respect of the aircraft is a combination of four letters specified by the Minister. (2) Subject to subsections (3) and (4), where an aircraft was registered in Canada before January 1, 1974 or is a vintage aircraft, (a) the nationality mark in respect of the aircraft is the letters “CF” and the registration mark in respect of the aircraft is a combination of three letters specified by the Minister; or (b) the nationality mark in respect of the aircraft is the letter “C” and the registration mark in respect of the aircraft is a combination of four letters specified by the Minister. (3) Where the owner of an aircraft, other than a vintage aircraft, that has the letters “CF” as its nationality mark and a combination of three letters as its registration mark repaints the aircraft, the owner shall, prior to operating the aircraft, change the nationality mark to the letter “C” and the registration mark to the letter “F” followed by the combination of three letters. (4) Where the owner of an aircraft changes its marks under subsection (3) or the owner of a vintage aircraft changes its nationality mark from “C” to “CF” or from “CF” to “C”, followed by the appropriate registration mark, the owner shall, before operating the aircraft, notify the Minister in writing of the change. (5) On receipt of the notice, the Minister shall change the marks accordingly in the Canadian Civil Aircraft Register and issue a new registration certificate to reflect the change. SOR/2019-119, s. 5. Removal or Change of Marks after Issuance of Continuing Registration 202.04 (1) If a continuing certificate of registration has been issued in respect of an aircraft under paragraph 202.25(1)(d), no person shall remove the marks that are displayed on the aircraft unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division I — Aircraft Marks Sections 202.04-202.05 (a) the aircraft is permanently withdrawn from service; (b) the aircraft is being exported from Canada; (c) the aircraft is undergoing or has undergone a transfer of legal custody and control to a person who is not qualified to be the registered owner of a Canadian aircraft; (d) it is necessary to remove the marks for a maintenance operation; (e) the marks are removed and repainted on the aircraft under subsection 202.03(3) or (4); (f) the Minister requests that the marks be removed under section 202.61; (g) the Minister requests that the marks be removed because they are unseemly or embarrassing; (h) the Minister authorizes the removal of the marks under subsection 202.01(2); or (i) the Minister permits the change of the marks under subsection (3). (2) If a continuing certificate of registration has been issued in respect of an aircraft under paragraph 202.25(1)(d), the owner may write to the Minister for permission to change the marks. (3) On receipt of a request to change marks, the Minister shall permit the change if the owner continues to meet the requirements of these Regulations. SOR/2000-405, s. 8; SOR/2003-271, s. 3. Variance from the Specifications for Marks for Former Military Aircraft and Replicas 202.05 (1) Where an aircraft is a former military aircraft or a replica of a military aircraft, the Minister shall, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, authorize an alternative size, location or colour for the display of its marks. (2) Where, pursuant to subsection (1), the Minister authorizes an alternative size, location or colour for the display of the marks of an aircraft, the marks shall be displayed accordingly. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division I — Aircraft Marks Sections 202.06-202.07 Alternative Mark Size or Location 202.06 (1) Where the structural configuration of an aircraft precludes its marks from being displayed in accordance with section 202.01 or 202.07, the Minister shall, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, authorize an alternative size or one or more alternative locations for the display of its marks. (2) Where, pursuant to subsection (1), the Minister authorizes an alternative size or one or more alternative locations for the display of the marks of an aircraft, the marks shall be displayed accordingly. Use of Marks Assigned to a Manufacturer 202.07 (1) Where a manufacturer operates an aircraft within Canada for the purpose of a production test flight, a customer acceptance flight or a flight undertaken to complete the manufacturing process or to export the aircraft, in accordance with an authorization issued by the Minister pursuant to subsection 202.14(1), the manufacturer shall (a) affix the marks once to each side of the aircraft fuselage or cabin by a means, such as paint or decals, that (i) ensures that the marks will not be detached or erased while the aircraft is in operation, and (ii) allows the marks to be removed after the operation; (b) prior to the operation of the aircraft, inform the Minister in writing of (i) the marks that have been affixed to the aircraft, (ii) the manufacturer’s model designation, and (iii) the serial number of the aircraft; and (c) after the completion of the operation of the aircraft for the purpose specified in this subsection, (i) remove the marks, and (ii) notify the Minister in writing of their removal. (2) For the purposes of subsection (1), the Minister may reserve a block of marks for a manufacturer. [202.08 to 202.12 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division II — Aircraft Registration Sections 202.13-202.14 Division II — Aircraft Registration Registration of Aircraft — General 202.13 (1) This section does not apply in respect of an aircraft that is (a) a hang glider; or (b) a parachute. (2) Except as otherwise authorized under subsection 202.14(1) or 202.43(1), no person shall operate an aircraft in Canada unless it is registered in Canada, in a contracting state or in a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada. SOR/2000-405, s. 9; SOR/2003-271, s. 4. Aircraft Manufacturers 202.14 (1) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that is not registered and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation, where (a) the aircraft was manufactured in Canada; (b) the aircraft is operated by the manufacturer; (c) the aircraft is operated within Canada for the purpose of (i) a production test flight, (ii) a customer acceptance flight, or (iii) a flight undertaken to complete the manufacturing process or to export the aircraft; (d) a registration mark has been reserved in respect of the aircraft pursuant to subsection 202.02(1); (e) the aircraft displays its marks in accordance with section 202.01 or 202.07; and (f) the manufacturer is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15. (2) The Minister may specify conditions in the authorization governing the operation of the aircraft referred to in Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division II — Aircraft Registration Sections 202.14-202.15 subsection (1) as are necessary for its safe and proper operation. (3) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the aircraft is operated in accordance with any conditions specified in the authorization. Qualifications to Be Registered Owner of a Canadian Aircraft 202.15 (1) Subject to subsection (2), any Canadian is qualified to be the registered owner of a Canadian aircraft. (2) No individual is qualified to be the registered owner of a Canadian aircraft unless the individual is at least 16 years of age. (3) An entity that is not Canadian but is incorporated or formed under the laws of Canada or a province is qualified to be the registered owner of a private Canadian aircraft where (a) the entity provides the Minister with a certified copy of the entity’s certificate of incorporation or other equivalent document issued under the laws of Canada or a province pursuant to which the entity was incorporated or formed; (b) the entity meets the requirements, specified in the Aircraft Marking and Registration Standards, respecting the keeping and preservation of records; (c) the entity meets the reporting requirements specified in the Aircraft Marking and Registration Standards; and (d) while the aircraft is registered in Canada, the flight time accumulated in Canada by the aircraft is not less than 60 per cent of the flight time accumulated by the aircraft at the end of each six-month period. (4) [Repealed, SOR/2021-152, s. 1] (5) Where an entity that is qualified to be the registered owner of an aircraft pursuant to subsection (3) ceases to meet the requirements set out in paragraphs (3)(b) to (d), the aircraft’s certificate of registration is cancelled. SOR/2021-152, s. 1. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division II — Aircraft Registration Sections 202.16-202.17 Registration Requirements 202.16 The Minister, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, shall register an aircraft where the owner of the aircraft (a) is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15; and (b) meets the requirements set out in those standards. Types of Registration 202.17 (1) Subject to subsections (3) and (4), the Minister shall register an aircraft as (a) a state aircraft; (b) a commercial aircraft; or (c) a private aircraft. (2) The Minister shall register an aircraft with (a) a provisional registration if the aircraft is not registered in Canada or in a foreign state and is to be operated for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada; (b) a temporary registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration cannot be completed immediately; (c) a continuing registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration can be completed immediately; or (d) an interim registration if the requirements of subsection 202.36(1) or (4) are satisfied. (3) The Minister shall register an aircraft as a state aircraft if it is a civil aircraft that is owned by and exclusively used in the service of a government in Canada. (4) The Minister shall register an aircraft as a commercial aircraft if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division II — Aircraft Registration Sections 202.17-202.25 (a) it is to be operated under Subpart 2, 3, 4 or 5 of Part VII or pursuant to an authorization issued under section 203.03; or (b) it is an aeroplane or helicopter that is to be operated pursuant to a flight training unit operator certificate issued under Subpart 6 of Part IV. SOR/2000-405, s. 10. Identity for Registration Purposes — Aircraft 202.18 For the purpose of the registration in Canada of an aircraft, other than a balloon, (a) the fuselage, hull or an alternative structure of the aircraft establishes its identity; and (b) where the fuselage, hull or an alternative structure of the aircraft is scrapped, the aircraft is deemed to be destroyed. Identity for Registration Purposes — Balloons 202.19 For the purpose of the registration in Canada of a balloon, (a) the envelope of the balloon establishes its identity; and (b) where the envelope of a balloon is scrapped, the balloon is deemed to be destroyed. [202.20 to 202.24 reserved] Division III — Certificates of Registration Issuance of a Certificate of Registration 202.25 (1) Where the Minister registers an aircraft, the Minister shall issue to the registered owner of the aircraft (a) a provisional certificate of registration if the aircraft has a provisional registration; (b) a temporary certificate of registration if (i) the documentation, record entries and other administrative steps necessary to issue a continuing registration cannot be completed immediately, or (ii) the Minister intends to replace a continuing certificate of registration pursuant to section 202.27 or amend or replace a certificate of registration pursuant to subsection 202.28(1), but the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division III — Certificates of Registration Sections 202.25-202.27 documentation, record entries and other administrative steps necessary to amend or replace the certificate cannot be completed immediately; (c) an interim certificate of registration if the aircraft is deemed to be registered with an interim registration pursuant to subsection 202.36(1) or (4); or (d) except in the circumstances described in subparagraph (b)(ii), a continuing certificate of registration if the aircraft has a continuing registration. (2) Where the Minister issues a temporary certificate of registration, the Minister may specify in the temporary certificate of registration a date on which the temporary registration expires. (3) A temporary certificate of registration expires or is cancelled, as the case may be, on the earliest of (a) the date specified in the temporary certificate of registration, (b) the last day of the three-month period following the day on which the temporary certificate of registration was issued, (c) the day on which there is a change in the legal custody and control of the aircraft, and (d) the day on which a continuing certificate of registration is issued in respect of the aircraft. Carrying Certificate of Registration on Board the Aircraft 202.26 No person shall operate an aircraft in Canada, other than an aircraft referred to in subsection 202.43(1), or a Canadian aircraft outside Canada unless the certificate of registration issued in respect of the aircraft is carried on board the aircraft. Certificate of Registration Lost or Destroyed 202.27 The Minister shall replace a lost or destroyed certificate of registration of a Canadian aircraft on receipt of a written application from the registered owner where the registered owner continues to meet the registration requirements referred to in section 202.16. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division III — Certificates of Registration Sections 202.28-202.36 Amendment or Replacement of Certificate of Registration 202.28 (1) The Minister may request the return of a certificate of registration of a Canadian aircraft from the registered owner for the purpose of amending it or for the purpose of replacing it. (2) Where the Minister requests the return of a certificate of registration pursuant to subsection (1), the registered owner shall return it to the Minister within seven days after the day on which the request is received. [202.29 to 202.34 reserved] Division IV — Transfer of Legal Custody and Control General 202.35 (1) Subject to Subpart 3, where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled. (2) Where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the registered owner shall, by not later than seven days after the transfer, notify the Minister of the transfer in writing. (3) For the purposes of this Division, an owner has legal custody and control of a Canadian aircraft when the owner has complete responsibility for the operation and maintenance of the aircraft. Interim Registration 202.36 (1) Subject to subsection (2), where any part of the legal custody and control of a Canadian aircraft is transferred and the new owner meets the requirements referred to in section 202.16, the aircraft is deemed to be registered with an interim registration in the name of the new owner. (2) Where any part of the legal custody and control of an aircraft referred to in subsection (1) is transferred for a second time, the aircraft is not deemed to be registered with an interim registration in the name of the new owner even if the new owner meets the requirements referred to in section 202.16. (3) The interim registration of an aircraft referred to in subsection (1) expires on the earliest of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division IV — Transfer of Legal Custody and Control Sections 202.36-202.37 (a) the last day of the three-month period following the date of the transfer of any part of the legal custody and control of the aircraft, (b) the day on which there is a further transfer of any part of the custody and control of the aircraft, and (c) the day on which a continuing certificate of registration is issued in respect of the aircraft. (4) Where there is a change in the registered owner’s name, address or other information contained in the continuing certificate of registration, the aircraft is deemed to be registered with an interim registration if the requirements specified in the Aircraft Marking and Registration Standards are met. (5) The interim registration of an aircraft referred to in subsection (4) expires on the earliest of (a) the last day of the three-month period following the date of the change or amendment, (b) the day on which there is a transfer of any part of the legal custody and control of the aircraft, and (c) the day on which a continuing certificate of registration is issued in respect of the aircraft. (6) An interim certificate of registration may not be transferred. Provisional Registration of an Aircraft [SOR/2000-405, s. 11] 202.37 (1) If an aircraft is not registered in Canada or in a foreign state, no person shall operate it for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada unless the person first obtains a provisional certificate of registration in accordance with the Aircraft Marking and Registration Standards in respect of the aircraft. (2) The Minister may specify in a provisional certificate of registration conditions governing the operation of the aircraft as necessary for its safe and proper operation, and the destination to which and the date or dates on which the aircraft may be operated. (3) A provisional certificate of registration expires or is cancelled, as the case may be, when the aircraft (a) arrives at the destination set out in the provisional certificate of registration or, if the provisional Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division IV — Transfer of Legal Custody and Control Sections 202.37-202.38 certificate of registration specifies that a test flight shall be performed, when the test flight is completed; (b) is operated on a date that is not specified in the provisional certificate of registration; or (c) is operated in a manner that is contrary to any condition specified in the provisional certificate of registration. SOR/2000-405, s. 12. Exporting an Aircraft 202.38 Where a Canadian aircraft is sold or leased to a person who is not qualified under section 202.15 to be the registered owner of a Canadian aircraft and the aircraft is not in Canada at the time of its sale or lease or it is understood by the vendor or lessor, as the case may be, that the aircraft is to be exported, the vendor or lessor shall (a) remove the Canadian marks from the aircraft and, if applicable, the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft at the time of the sale or lease; (b) notify the Minister in writing, within seven days after the sale or lease, of the date of (i) the sale or lease, (ii) the exportation, if applicable, (iii) the removal of the Canadian marks, and (iv) the removal of the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft, if applicable; (c) provide the Minister with a copy of all of the agreements that relate to the transfer of any part of the legal custody and control of the aircraft resulting from the sale or lease; and (d) return to the Minister the certificate of registration of the aircraft. SOR/2000-405, s. 13. [202.39 to 202.41 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division V — Operation of Foreign Aircraft Sections 202.42-202.43 Division V — Operation of Foreign Aircraft Period of Time Present in Canada 202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelvemonth period unless (a) the foreign state is a contracting state; (b) the operator of the aircraft is (i) the foreign state, (ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or (iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and (c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada (i) in accordance with an air operator certificate, or (ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada. (2) For the purposes of calculating the 90-day period, (a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and (b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace. SOR/2003-271, s. 5. Aircraft Registered in a Foreign State 202.43 (1) Where an aircraft is registered in a foreign state that is not a contracting state or is not a state that has an agreement in force with Canada that allows an aircraft that is registered in that state to be operated in Canada, the Minister may, in writing, authorize the operation of the aircraft in Canada, and in the authorization Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division V — Operation of Foreign Aircraft Sections 202.43-202.51 may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation. (2) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified in the authorization. [202.44 and 202.45 reserved] Division VI — Aircraft Information Location of an Aircraft 202.46 (1) The Minister may request that the owner of an aircraft inform the Minister, in writing, of the location of the aircraft and whether or not the aircraft is serviceable. (2) Where the Minister makes a request pursuant to subsection (1), the owner shall comply with the request by not later than seven days after receiving it. (3) Where, pursuant to subsection (1), the owner of an aircraft informs the Minister that the aircraft is not serviceable, the owner shall inform the Minister (a) in the case of an aircraft that will be returned to service, of the place at which and the estimated date on which it will be returned to service; and (b) in the case of an aircraft that is permanently withdrawn from service, of whether or not the aircraft has been or will be disposed of and the manner of disposal. [202.47 to 202.50 reserved] Division VII — Registered Owners Change of Name or Address 202.51 Where the name or address of a registered owner of a Canadian aircraft changes, the registered owner shall, by not later than seven days after the change, notify the Minister in writing of the change. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division VII — Registered Owners Sections 202.52-202.57 Loss of Qualification to Be Registered Owner 202.52 Every registered owner of a Canadian aircraft shall, within seven days after any change in circumstances as a result of which the owner is no longer qualified to be the registered owner of the aircraft under section 202.15, notify the Minister in writing of the change. [202.53 to 202.56 reserved] Division VIII — Cancellation of Certificate of Registration Conditions Where Certificate of Registration Is Cancelled 202.57 (1) In addition to the circumstances set out in subsections 202.15(5), 202.35(1), 202.37(3) and 202.58(2) and sections 202.59 and 202.60, the certificate of registration of a Canadian aircraft is cancelled where (a) an individual who is a registered owner of the aircraft dies; (b) an entity that is a registered owner of the aircraft is wound up, dissolved or amalgamated with another entity; (c) the lease termination date specified in the most recent lease received by the Minister and submitted in connection with an application for the registration of an aircraft referred to in section 202.16 is extended and the Minister is not informed of that fact in writing within seven days after that lease termination date; (d) a registered owner ceases to be qualified to be a registered owner of the aircraft under section 202.15; or (e) except in the case of an aircraft undergoing restoration or an ultra-light aeroplane, the aircraft has not been operated in flight during the last five years. (2) Where the document pursuant to which a registered owner of an aircraft has legal custody and control of the aircraft ceases to be in effect, the certificate of registration of the aircraft is cancelled unless the registered owner (a) retains legal custody and control of the aircraft after the document ceases to be in effect; and (b) submits to the Minister, within seven days after the day on which the document ceases to be in effect, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division VIII — Cancellation of Certificate of Registration Sections 202.57-202.61 (i) notification of the fact that the document is no longer in effect, specifying the day on which it ceased to be in effect, and (ii) a copy of the new document under which the registered owner retains legal custody and control of the aircraft. SOR/2000-405, s. 14. Notification Regarding Destroyed or Missing Aircraft 202.58 (1) Every registered owner of a Canadian aircraft shall, within seven days after becoming aware of the fact that any of the following events has occurred, notify the Minister in writing if the aircraft (a) is destroyed; (b) is permanently withdrawn from use; (c) is missing and the search for the aircraft is terminated; or (d) has been missing for 60 days or more. (2) Where an event referred to in subsection (1) has occurred, the certificate of registration of the aircraft is cancelled. Ultra-light Aeroplanes 202.59 (1) If a basic ultra-light aeroplane that is registered is no longer a basic ultra-light aeroplane, its certificate of registration is cancelled. (2) If an advanced ultra-light aeroplane that is registered is no longer an advanced ultra-light aeroplane, its certificate of registration is cancelled. SOR/2000-405, s. 15. Misrepresentation or Fraudulent Documentation 202.60 Where there is misrepresentation or fraudulent documentation in the application for registration of a Canadian aircraft, the certificate of registration is cancelled. Removal of Marks 202.61 Where the certificate of registration of a Canadian aircraft expires or is cancelled, the Minister may request the owner or last registered owner to remove the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division VIII — Cancellation of Certificate of Registration Sections 202.61-202.69 Canadian marks from the aircraft and, where the Minister so requests, the owner or last registered owner, as applicable, shall remove the Canadian marks within seven days after the day on which the request is received. Notification That Marks Are Removed 202.62 No person shall fraudulently notify the Minister that the Canadian marks on an aircraft have been removed. Removal of Name and Address from the Canadian Civil Aircraft Register 202.63 Where a continuing or temporary certificate of registration issued in respect of an aircraft expires or is cancelled, the Minister shall remove from the Canadian Civil Aircraft Register the name and address of the person under whose name the aircraft was registered. Removal of Aircraft Particulars from the Canadian Civil Aircraft Register 202.64 If the certificate of registration of an aircraft is cancelled, the Minister may remove all the particulars in respect of the aircraft from the Canadian Civil Aircraft Register if any part of the legal custody and control of the aircraft is transferred to a person who is not qualified to be the registered owner of a Canadian aircraft under section 202.15 or if subsection 202.58(1) or section 202.59 applies. SOR/2000-405, s. 16. [202.65 to 202.68 reserved] Division IX — Canadian Civil Aircraft Register Publication of Register 202.69 (1) The Minister shall establish, maintain and publish a register of aircraft, to be known as the Canadian Civil Aircraft Register, in which there shall be entered, in respect of each Canadian aircraft for which a continuing or temporary certificate of registration has been issued, (a) the name and address of each registered owner; (b) the registration mark issued pursuant to section 202.02; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 2 — Aircraft Marking and Registration Division IX — Canadian Civil Aircraft Register Sections 202.69-203.01 (c) such other particulars concerning the aircraft as the Minister considers necessary for registration, inspection and certification purposes. (2) The Minister may publish information that has been entered in the Canadian Civil Aircraft Register in respect of a Canadian aircraft. [202.70 to 202.72 reserved] Division X — Notice to Owners Two or More Persons As Owners 202.73 For the purposes of this Subpart, where two or more persons are the registered owners of a Canadian aircraft, a request, notice or document is duly given to each registered owner of the aircraft if the request, notice or document is given to the person who, pursuant to the Aircraft Marking and Registration Standards, has been identified as the nominee for that purpose, at the last address for that person recorded in the Canadian Civil Aircraft Register. [202.74 to 202.77 reserved] Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner Interpretation 203.01 In this Subpart, Canadian air operator includes the holder of a flight training unit operator certificate and the holder of a private operator registration document; (exploitant aérien canadien) lease means an agreement in respect of the operation of an aircraft that (a) specifies a commencement and a termination date, (b) gives the lessee legal custody and control, and the right to exclusive possession and use, of the aircraft during its term, and (c) may include provisions respecting the operation of the aircraft for hire or reward; (location) leasing operation means the operation of an aircraft pursuant to this Subpart; (utilisation d’aéronefs loués) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner Interpretation Sections 203.01-203.03 operator certificate includes an air operator certificate, a flight training unit operator certificate and a private operator registration document. (certificat d’exploitation) SOR/97-120, s. 1; SOR/2000-405, s. 17; SOR/2014-131, s. 7. Application 203.02 (1) This Subpart applies to the following persons in respect of the operation of a leased aircraft by the lessee if the aircraft is registered in the name of the lessor: (a) a Canadian air operator that leases a Canadian aircraft from another Canadian air operator; (b) a foreign air operator that leases a Canadian aircraft from a Canadian air operator that is operating under Part IV, VI or VII; (c) a Canadian air operator that is operating under Part IV, VI or VII and that leases an aircraft registered in a foreign state; and (d) a foreign air operator that leases a Canadian aircraft from a Canadian aircraft manufacturer. (2) This Subpart does not apply in respect of the operation of a private aircraft. SOR/97-120, s. 1; SOR/2000-405, s. 18. Leasing Operations — General 203.03 (1) No person who is not the registered owner of an aircraft shall operate the aircraft as part of a leasing operation without an authorization issued pursuant to subsection (2) unless (a) the lessor and the lessee each hold a Canadian operator certificate issued in respect of the aircraft type to be operated; (b) the lessee is qualified to be the registered owner of a Canadian aircraft; (c) the maintenance control system referred to in section 406.35 or 706.02 and the maintenance schedule approved by the Minister under subsection 605.86(2) are, during the term of the lease, equivalent for the lessor and the lessee; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner Leasing Operations — General Section 203.03 (d) the crew members of the aircraft are employed by the lessee; and (e) the registered owner informs the Minister in writing, no later than seven days after the term of the lease commences, of (i) the registration mark, manufacturer model designation and serial number of the aircraft, (ii) the names, addresses and telephone numbers, and facsimile numbers, if any, of the registered owner and the lessee, (iii) the Canadian operator certificate number and the approved maintenance organization certificate numbers of the lessor and the lessee, (iv) the commencement and termination dates of the lease, (v) the name of the person who is responsible for the maintenance of the aircraft during the term of the lease, and (vi) the address of the main maintenance base for the aircraft. (2) Subject to section 203.08, the Minister shall, on receipt of an application from a Canadian air operator that conforms with the Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner and that includes evidence that establishes that the Canadian air operator meets those standards, issue a written authorization to the Canadian air operator permitting the operation of a Canadian or foreign aircraft by the Canadian air operator, or the operation of a Canadian aircraft by a foreign operator, as part of a leasing operation, and shall specify in the authorization those conditions governing the operation that are necessary to ensure aviation safety. (3) An authorization issued pursuant to subsection (2) expires on the earliest of (a) the date on which the lease is terminated, (b) the date specified by the Minister in the authorization, (c) the date on which the certificate of registration of the aircraft is cancelled, (d) the date on which the operator certificate is suspended or cancelled, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner Leasing Operations — General Sections 203.03-203.06 (e) the date on which there is a change in any of the information that was submitted in support of the application referred to in subsection (2) and on which the issuance of the authorization was based. (4) Where an authorization is required under subsection (1) and has been issued under subsection (2), no person shall operate a leased aircraft unless the authorization is carried on board. (5) If a leasing advisory is provided to the Minister under subsection (1), no person shall operate a leased aircraft unless a copy of the advisory is carried on board. SOR/97-120, s. 1; SOR/2000-405, s. 19; SOR/2005-341, s. 3. Leasing Operations — International 203.04 (1) No person shall operate a leased aircraft if one of the lessor and the lessee of the aircraft is not a Canadian, unless the Minister and the civil aviation authority of the state of the lessor or the lessee have consented to such operation. (2) No person shall operate an aircraft under the circumstances referred to in subsection (1) in a third state, other than Canada and the state of the lessor or the lessee, except in accordance with the laws of the third state. SOR/97-120, s. 1. Registration of Leased Aircraft 203.05 The certificate of registration of a leased Canadian aircraft operated pursuant to section 203.03 remains valid despite any change in the legal custody and control of the aircraft that takes place (a) at the commencement or termination of the lease; and (b) where the Minister has issued an authorization pursuant to subsection 203.03(2), at any other time during the term of the lease that is specified in the authorization. SOR/97-120, s. 1; SOR/2021-152, s. 19(E). Forwarding of Airworthiness Directives 203.06 (1) Where an authorization has been issued pursuant to subsection 203.03(2) in respect of a Canadian aircraft, the registered owner of the aircraft shall, immediately on receipt of the authorization, forward to the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner Forwarding of Airworthiness Directives Sections 203.06-203.09 lessee all airworthiness directives that apply to the aircraft. (2) Where an authorization has been issued pursuant to subsection 203.03(2) in respect of an aircraft registered in a foreign state, the Canadian lessee shall ensure that the aircraft conforms with all applicable airworthiness directives. SOR/97-120, s. 1. Maximum Number of Leased Aircraft 203.07 (1) No Canadian air operator shall, pursuant to section 203.03, operate a number of leased aircraft registered in a foreign state that exceeds 25 per cent of the total number of aircraft registered to that Canadian air operator, rounded to the next highest whole number. (2) No Canadian air operator shall, pursuant to section 203.03, lease to foreign air operators a number of aircraft that exceeds 25 per cent of the total number of Canadian aircraft registered to that Canadian air operator, rounded to the next highest whole number. SOR/97-120, s. 1. Limits on Period of Operation under Authorization 203.08 No authorization shall be issued to a Canadian air operator pursuant to subsection 203.03(2) with respect to the operation of an aircraft registered in a foreign state that would result in (a) the Canadian air operator being issued with one or more such authorizations in respect of aircraft registered in a foreign state for 24 months or more during any period of 30 consecutive months; or (b) the aircraft being the subject of one or more such authorizations issued to a Canadian air operator for 24 months or more during any period of 30 consecutive months. SOR/97-120, s. 1. Submission of Signed Lease 203.09 A Canadian air operator that has been issued with an authorization by the Minister pursuant to subsection 203.03(2) shall, within seven days after the day on Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a NonRegistered Owner Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner Submission of Signed Lease Sections 203.09-300.01 which the authorization was issued, submit to the Minister a signed copy of the lease. SOR/97-120, s. 1. Part III — Aerodromes, Airports and Heliports [SOR/2007-87, s. 4] Interpretation 300.01 In this Part, aerodrome standards and recommended practices publications means the following documents, namely, (a) Procedures for the Certification of Aerodromes as Airports, (b) Aerodrome Standards and Recommended Practices, and (c) Heliport and Helideck Standards and Recommended Practices; (publications sur les normes et pratiques recommandées pour les aérodromes) aeronautical information publications means the following documents, namely, (a) Canada Air Pilot, (b) Canada Flight Supplement, (c) Water Aerodrome Supplement, and (d) A.I.P. Canada; (publications d’information aéronautique) aircraft emergency means a situation that could result in damage to an aircraft at an airport or aerodrome or injury to the persons on board the aircraft; (aéronef en état d’urgence) airport certificate means a certificate issued pursuant to section 302.03; (certificat d’aéroport) airport operations manual means the manual referred to in section 302.08 and includes any amendments to the manual that are approved pursuant to subsection 302.03(2); (manuel d’exploitation d’aéroport) airside [Repealed, SOR/2003-58, s. 1] closed marking means a cross-shaped marking that Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Interpretation Section 300.01 (a) has the form and, subject to subsection 301.04(4), the dimensions set out in Schedule I to Subpart 1, and (b) subject to subsection 301.04(8), is in a single contrasting colour, white on runways and yellow on taxiways, that is visible from an aircraft flying at an altitude of 300 m (1,000 feet) above the marking; (marque de zone fermée) fixed, in respect of a light, means having a constant luminous intensity when the light is observed from a fixed point; (fixe) marker means an object displayed above ground level for the purpose of indicating an obstacle or obstruction or delineating a boundary; (balise) marking means a symbol or group of symbols displayed on the surface of a movement area for the purpose of conveying aeronautical information; (marque) movement, in respect of an aircraft, means a take-off or landing at an airport or aerodrome; (mouvement) obstacle limitation surface [Repealed, SOR/2011-285, s. 3] operator means the person in charge of an aerodrome, and includes an employee, agent or other authorized representative of that person; (exploitant) public way means any road, path or sidewalk maintained for the use of members of the public; (voie publique) RESA or runway end safety area means an area, adjacent to or on a runway that is intended to reduce the severity of damage to an aeroplane in the event that the aeroplane undershoots or overruns the runway; (RESA ou aire de sécurité d’extrémité de piste) Water Aerodrome Supplement means a publication concerning water aerodromes that is intended to be used to supplement enroute charts and the Canada Air Pilot. (Supplément hydroaérodromes) SOR/97-518, s. 1; SOR/2002-226, s. 1; SOR/2003-58, s. 1; SOR/2011-285, s. 3; SOR/ 2021-269, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Sections 301.01-301.04 Subpart 1 — Aerodromes Application 301.01 This Subpart applies in respect of all aerodromes except airports, heliports and military aerodromes. SOR/2007-87, s. 5. Inspection 301.02 The operator of an aerodrome shall, without charge, at the request of a Department of Transport inspector, allow the inspector access to aerodrome facilities and provide the equipment necessary to conduct an inspection of the aerodrome. Registration 301.03 (1) Subject to subsection (2), where the operator of an aerodrome provides the Minister with information respecting the location, markings, lighting, use and operation of the aerodrome, the Minister shall register the aerodrome and publish the information in the Canada Flight Supplement or the Water Aerodrome Supplement, as applicable. (2) The Minister may refuse to register an aerodrome where the operator of the aerodrome does not meet the requirements of sections 301.05 to 301.09 or where using the aerodrome is likely to be hazardous to aviation safety and, in such a case, shall not publish information with respect to that aerodrome. (3) The operator of an aerodrome registered pursuant to subsection (1) shall notify the Minister immediately after any change is made to the location, marking, lighting, use or operation of the aerodrome that affects the information published by the Minister pursuant to subsection (1). (4) An aerodrome that is listed in the Canada Flight Supplement or the Water Aerodrome Supplement on the coming into force of this Subpart is deemed to be registered pursuant to subsection (1). Markers and Markings 301.04 (1) When an aerodrome is closed permanently, the operator of the aerodrome shall remove all of the markers and markings installed at the aerodrome. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Markers and Markings Section 301.04 (2) The operator of an aerodrome, other than a water aerodrome, shall install red flags or red cones along the boundary of an unserviceable movement area. (3) Subsections (4) to (8) do not apply in respect of any manoeuvring area or part thereof that is closed for 24 hours or less. (4) Where a runway or part of a runway is closed, the operator of the aerodrome shall place closed markings, as set out in Schedule I to this Subpart, on the runway as follows: (a) where the runway is greater than 1 220 m (4,000 feet) in length, a closed marking shall be located at each end of the closed runway or part thereof and additional closed markings shall be located on the closed runway or part thereof at intervals not exceeding 300 m (1,000 feet); (b) where the runway is greater than 450 m (1,500 feet) but not greater than 1 220 m (4,000 feet) in length, a closed marking of not less than one-half the dimensions set out in that Schedule shall be located at each end of the closed runway or part thereof and an additional closed marking of the same dimensions shall be located on the closed runway or part thereof at a point equidistant from the two markings; or (c) where the runway is 450 m (1,500 feet) or less in length, a closed marking of not less than one-half the dimensions set out in that Schedule shall be located at each end of the closed runway or part thereof. (5) Where a taxiway or part of a taxiway is closed, the operator of the aerodrome shall place on each end of the closed taxiway, or part thereof, a closed marking with the dimensions set out in Schedule I to this Subpart. (6) Where a helicopter take-off and landing area at an aerodrome is closed, the operator of the aerodrome shall (a) place a closed marking over the letter “H”, where the letter “H” identifies the helicopter take-off and landing area, or, where no letter identifies the helicopter take-off and landing area, over the centre of the area; or (b) comply with subsection (4), where the helicopter take-off and landing area is a runway. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Markers and Markings Sections 301.04-301.06 (7) Where a manoeuvring area or part thereof is closed permanently, the operator of the aerodrome shall (a) obliterate all of the markings that indicate that the manoeuvring area or part thereof is open; and (b) subject to subsection (8), paint on the manoeuvring area or part thereof the markings required pursuant to subsections (4) to (6). (8) Where the surface of a manoeuvring area or part thereof is snow-covered or otherwise unsuitable for painting or where the closure is not permanent, closed markings may be applied by means of a conspicuously coloured dye or may be constructed from a suitable conspicuously coloured material or product. Warning Notices 301.05 Where low-flying or taxiing aircraft at or in the vicinity of an aerodrome are likely to be hazardous to pedestrian or vehicular traffic, the operator of the aerodrome shall immediately (a) post notices warning of the hazard on any public way that is adjacent to the manoeuvring area; or (b) where such a public way is not owned or controlled by the operator, inform the authorities responsible for placing markings on the public way that there is a hazard. Wind Direction Indicator 301.06 (1) Except where the direction of the wind at an aerodrome can be determined by radio or other means such as smoke movement in the air or wind lines on water, the operator of the aerodrome shall install and maintain at the aerodrome a wind direction indicator that is (a) of a conspicuous colour or colours; (b) in the shape of a truncated cone; (c) visible from an aircraft flying at an altitude of 300 m (1,000 feet) above the wind direction indicator; and (d) illuminated when the aerodrome is used at night. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Wind Direction Indicator Sections 301.06-301.07 (2) When an aerodrome is closed permanently, the operator of the aerodrome shall immediately remove all of the wind direction indicators installed at the aerodrome. Lighting 301.07 (1) Subject to subsection (2), where a runway is used at night, the operator of the aerodrome shall indicate each side of the runway along its length with a line of fixed white lights that is visible in all directions from an aircraft in flight at a distance of not less than two nautical miles. (2) Where it is not practical to provide at an aerodrome the fixed white lights referred to in subsection (1) for reasons such as the lack of an available electrical power source or insufficient air traffic, the operator of the aerodrome may, if a fixed white light is displayed at each end of the runway to indicate runway alignment, use white retro-reflective markers that are capable of reflecting aircraft lights and that are visible at a distance of not less than two nautical miles from an aircraft in flight that is aligned with the centre line of the runway. (3) The lines of lights or retro-reflective markers required by subsection (1) or (2) shall be arranged so that (a) the lines of lights or markers are parallel and of equal length and the transverse distance between the lines is equal to the runway width in use during the day; (b) the distance between adjacent lights or markers in each line is the same and is not more than 60 m (200 feet); (c) each line of lights or markers is not less than 420 m (1,377 feet) in length and contains no fewer than eight lights or markers; and (d) each light or marker in a line of lights or markers is situated opposite to a light or marker in the line of lights or markers on the other side of the runway, so that a line connecting them forms a right angle to the centre line of the runway. (4) Fixed white lights displayed at each end of a runway pursuant to subsection (2) shall be placed so that they are not likely to cause a hazard that could endanger persons or property. (5) Where a taxiway is used at night, the operator of the aerodrome shall indicate each side of the taxiway with a line of fixed blue lights or blue retro-reflective markers Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Lighting Section 301.07 placed so that the two lines of lights or markers are parallel and the distance between adjacent lights or markers in each line is not more than 60 m (200 feet). (6) Where a manoeuvring area or part thereof or a heliport is closed, the operator of the aerodrome shall not operate the lights or keep the retro-reflective markers thereon, except as required for maintenance of the lights and markers. (7) Where an aerodrome is used at night, the operator of the aerodrome shall indicate an unserviceable portion of the movement area with fixed red lights, red retro-reflective markers or floodlighting. (8) Where an aircraft parking area at an aerodrome is used at night, the operator of the aerodrome shall indicate the boundary of the area with fixed blue lights or blue retro-reflective markers, placed at intervals not exceeding 60 m (200 feet), or with floodlighting. (9) Subject to subsection (10), where a heliport is used at night for the take-off or landing of helicopters, the operator of the heliport shall illuminate the entire take-off and landing area with floodlights or (a) where the take-off and landing area is rectangular, shall indicate the boundary with no fewer than eight fixed yellow lights, including one light at each corner, placed so that adjacent lights are not more than 13 m (42.5 feet) apart; or (b) where the take-off and landing area is circular, shall indicate the boundary with no fewer than five fixed yellow lights placed so that adjacent lights are not more than 13 m (42.5 feet) apart. (10) Where it is not practical to provide at a heliport the fixed yellow lights referred to in subsection (9) for reasons such as lack of an available electrical power source or insufficient air traffic, the operator of the heliport may use yellow retro-reflective markers that are capable of reflecting aircraft lights and that are visible at a distance of not less than two nautical miles from an aircraft in flight that is aligned with the approach path, if (a) a light source is provided to show the location of the heliport; or (b) where there is only one path for approach and departure, two lights are used to show the approach orientation. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Lighting Sections 301.07-301.08 (11) Where the lighting required by subsections (1), (2), (5) and (7) to (10) is operated by a radio-controlled system capable of activation from an aircraft, the system shall meet the requirements set out in Schedule II to this Subpart. (12) The operator of an aerodrome may display flare pots to provide temporary lighting for the landing or take-off of aircraft. Prohibitions 301.08 No person shall (a) walk, stand, drive a vehicle, park a vehicle or aircraft or cause an obstruction on the movement area of an aerodrome, except in accordance with permission given (i) by the operator of the aerodrome, and (ii) where applicable, by the appropriate air traffic control unit or flight service station; (b) tow an aircraft on an active movement area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lights mounted on the towing vehicle and directed at the aircraft; (c) park or otherwise leave an aircraft on an active manoeuvring area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lanterns suspended from the wingtips, tail and nose of the aircraft; (d) operate any vessel, or cause any obstruction, on the surface of any part of a water area of an aerodrome that is to be kept clear of obstructions in the interest of aviation safety, when ordered, by signal or otherwise, to leave or not to approach that area by the appropriate air traffic control unit or flight service station or by the operator of the aerodrome; (e) knowingly remove, deface, extinguish or interfere with a marker, marking, light or signal that is used at an aerodrome for the purpose of air navigation, except in accordance with permission given (i) by the operator of the aerodrome, and (ii) where applicable, by the appropriate air traffic control unit or flight service station; (f) at a place other than an aerodrome, knowingly display a marker, marking, light or signal that is likely to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Prohibitions Sections 301.08-301.09 cause a person to believe that the place is an aerodrome; (g) knowingly display at or in the vicinity of an aerodrome a marker, marking, sign, light or signal that is likely to be hazardous to aviation safety by causing glare or by causing confusion with or preventing clear visual perception of a marker, marking, sign, light or signal that is required under this Subpart; (h) allow a bird or other animal that is owned by the person or that is in the person’s custody or control to be unrestrained within the boundaries of an aerodrome except for the purpose of controlling other birds or animals at the aerodrome as permitted by the operator; or (i) discharge a firearm within or into an aerodrome without the permission of the operator of the aerodrome. Fire Prevention 301.09 (1) Subject to subsection 301.07(12) and subsections (2) and (3), no person shall, while at an aerodrome, smoke or display an open flame (a) on an apron; (b) on an aircraft loading bridge or on a gallery or balcony that is contiguous to or that overhangs an apron; or (c) in an area where smoking or the presence of an open flame is likely to create a fire hazard that could endanger persons or property. (2) The operator of an aerodrome may, in writing, authorize maintenance or servicing operations on an apron that involve the use, production or potential development of an open flame or that involve the production or potential development of a spark where the operations are conducted in a manner that is not likely to create a fire hazard that could endanger persons or property. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports SCHEDULE I Section 301.09 (3) The operator of an aerodrome may permit smoking in an enclosed building or shelter located on an apron where such smoking is not likely to create a fire hazard that could endanger persons or property. SCHEDULE I (Section 300.01 and subsections 301.04(4) and (5)) CLOSED M Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports SCHEDULE I (French) Section 301.09 ANNEXE I (article 300.01 et paragraphes 301.04(4) et (5)) MARQUES DE Z SCHEDULE II (Subsection 301.07(11)) Intensity Settings for Lighting Systems Activated by Radio Visual Aid System Number Of Intensity Settings Medium Intensity Approach Lighting: - Fixed Lights - Capacitor Discharge Lights Omni Directional Approach Lighting Systems (ODALS) Low Intensity Approach Lighting Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports SCHEDULE II (French) Section 301.09 Visual Aid System Number Of Intensity Settings Runway Edge, Threshold And End Lighting: - Medium Intensity - Low Intensity Runway Identification Lights (RILS) 3 1 Wind Direction Indicator Aerodrome Beacon Note 1: Medium intensity approach lighting shall not be control Omni Directional Approach Lighting Systems (ODALS). Note 2: These systems shall not be controlled by a system emp Note 3: These fixtures may be set at 10%, 100% or OFF. ANNEXE II (paragraphe 301.07(11)) Réglages d’intensité du balisage lumineux d’un système t Systèmes d’aides visuelles Nombre de réglages d’intensité Balisage lumineux d’approche à moyenne intensité : - feux fixes - feux à décharge de condensateur Système lumineux d’approche omnidirectionnel (ODALS) Balisage lumineux d’approche à faible intensité Balisage lumineux de bord de piste, de seuil de piste et d’extrémité de piste : - moyenne intensité - faible intensité Feux d’identification de piste (RILS) 3 1 Indicateur de direction du vent Phare d’aérodrome Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 1 — Aerodromes Fire Prevention Section 302.01 Systèmes d’aides visuelles Nombre de réglages d’intensité Note 1 : Le balisage lumineux d’approche à moyenne intensité n tion d’intensité à l’exception d’un système lumineux d’a Note 2 : Ces systèmes ne doivent pas être contrôlés par un systè Note 3 : Ces appareils d’éclairage peuvent être réglés à 10%, 100 Subpart 2 — Airports [SOR/2007-87, s. 6] Division I — General [SOR/2006-85, s. 2] Application 302.01 (1) Subject to subsection (2), this Subpart applies in respect of (a) an aerodrome that is located within the built-up area of a city or town; (b) a land aerodrome that is used by an air operator for the purpose of a scheduled service for the transport of passengers; and (c) any other aerodrome, other than an aerodrome referred to in subsection (2), in respect of which the Minister is of the opinion that meeting the requirements necessary for the issuance of an airport certificate would be in the public interest and would further the safe operation of the aerodrome. (2) This Subpart does not apply in respect of (a) a military aerodrome; (b) a land aerodrome referred to in paragraph (1)(b) where the Minister has issued a written authorization for each air operator using the aerodrome to land at and take-off from the aerodrome; or (c) heliports. (3) The Minister shall issue an authorization referred to in paragraph (2)(b) where it is possible to specify conditions in the authorization that will ensure a level of safety in respect of the use of the aerodrome that is equivalent to the level of safety established by this Subpart, and, in Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.01-302.03 any such authorization, the Minister shall specify those conditions. SOR/2007-87, s. 7. Application for Airport Certificate 302.02 (1) An applicant for an airport certificate shall submit to the Minister for approval (a) an application for an airport certificate; and (b) a copy of the proposed airport operations manual in respect of the airport. (1.1) The applicant shall include in the application proof that the applicant has consulted with the interested parties in accordance with the requirements of Subpart 7. (2) The application shall be signed in ink by the applicant and shall be in the form set out in the aerodrome standards and recommended practices publications. SOR/2016-261, s. 2. Issuance of Airport Certificate 302.03 (1) Subject to subsection 6.71(1) of the Act, the Minister shall issue an airport certificate to an applicant authorizing the applicant to operate an aerodrome as an airport if the proposed airport operations manual, submitted pursuant to paragraph 302.02(1)(b), is approved by the Minister pursuant to subsection (2) and (a) the standards set out in the aerodrome standards and recommended practices publications are met; or (b) on the basis of an aeronautical study, the Minister determines that (i) the level of safety at the aerodrome is equivalent to that provided for by the standards set out in the aerodrome standards and recommended practices publications, and (ii) the issuance of the airport certificate is in the public interest and not detrimental to aviation safety. (2) The Minister shall approve a proposed airport operations manual if it (a) accurately describes the physical specifications of the aerodrome; and (b) conforms to the requirements set out in the aerodrome standards Current to June 20, 2022 Last amended on March 6, 2022 and recommended practices Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.03-302.05 publications that apply in respect of an airport operations manual. (3) Where an aerodrome does not meet a standard set out in the aerodrome standards and recommended practices publications, the Minister may specify in the airport certificate such conditions relating to the subject-matter of the standard as are necessary to ensure a level of safety equivalent to that established by the standard and as are necessary in the public interest and to ensure aviation safety. Transfer of Airport Certificate 302.04 (1) When an airport certificate is transferred, it shall be transferred in accordance with this section. (2) The Minister shall transfer an airport certificate to a transferee where (a) the current holder of the airport certificate, at least 14 days before ceasing to operate the airport, notifies the Minister in writing that the current holder will cease to operate the airport as of the date specified in the notice; (b) the current holder of the airport certificate notifies the Minister in writing of the name of the transferee; (c) the transferee applies in writing to the Minister, within 14 days before the current holder ceases to operate the airport, for the airport certificate to be transferred to the transferee; and (d) the requirements set out in section 302.03 are met. (3) An application referred to in paragraph (2)(c) shall include a copy of the notice referred to in paragraph (2)(a). Interim Airport Certificate 302.05 (1) The Minister may, by mail, telex or facsimile machine, issue to an applicant referred to in section 302.03 or a transferee referred to in section 302.04 an interim airport certificate authorizing the applicant or transferee to operate an aerodrome as an airport if the Minister is satisfied that (a) an airport certificate in respect of the aerodrome will be issued to the applicant or transferred to the transferee as soon as the application procedure in respect of the issuance or transfer is completed; and (b) the issuance of the interim airport certificate is in the public interest and not detrimental to aviation safety. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.05-302.07 (2) An interim airport certificate issued pursuant to subsection (1) expires on the earlier of (a) the date on which the airport certificate is issued or transferred, and (b) the date specified in the interim airport certificate on which it will expire. (3) Except for paragraph 302.02(1)(b), subsections 302.03(1) and (2) and section 302.08, this Subpart applies in respect of an interim airport certificate in the same manner as it applies in respect of an airport certificate. Amendment and Cancellation of Airport Certificate 302.06 (1) The Minister may, if the requirements of section 302.03 and paragraph 302.08(1)(c) are met, amend an airport certificate where (a) there is a change in the use or operation of the airport; (b) there is a change in the boundaries of the airport; or (c) the holder of the airport certificate requests the amendment. (2) The Minister shall cancel an airport certificate where this Subpart no longer applies in respect of the aerodrome referred to in the airport certificate, as determined in accordance with section 302.01. Obligations of Operator 302.07 (1) The operator of an airport shall (a) comply (i) subject to subparagraph (ii), with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued, (ii) in respect of any part or facility of the airport that has been replaced or improved, with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the part or facility was returned to service, and (iii) with any conditions specified in the airport certificate by the Minister pursuant to subsection 302.03(3); Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Section 302.07 (b) without charge, at the request of a Department of Transport inspector, allow access to airport facilities and provide the equipment necessary to conduct an inspection of the airport; (c) review each issue of each aeronautical information publication on receipt thereof and, immediately after such review, notify the Minister of any inaccurate information contained therein that pertains to the airport; (d) notify the Minister in writing at least 14 days before any change to the airport, the airport facilities or the level of service at the airport that has been planned in advance and that is likely to affect the accuracy of the information contained in an aeronautical information publication; (e) as the circumstances require for the purpose of ensuring aviation safety, inspect the airport (i) as soon as practicable after any aviation occurrence, as that term is defined in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act, (ii) during any period of construction or repair of the airport or of airport facilities that are designated in the airport certificate, and (iii) at any other time when there are conditions at the airport that could be hazardous to aviation safety; (f) subject to paragraph (d), notify the Minister in writing of any change in airport operations within 14 days after the date of the change; and (g) assign duties on the movement area and any other area set aside for the safe operation of aircraft, including obstacle limitation surfaces, at the airport, which are described in the airport operations manual, only to employees who have successfully completed a safetyrelated initial training course on human and organizational factors. (2) Subject to subsection (3), the operator of an airport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.07-302.08 (a) any projection by an object through an obstacle limitation surface relating to the airport; (b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the airport; (c) any reduction in the level of services at the airport that are set out in an aeronautical information publication; (d) the closure of any part of the manoeuvring area of the airport; and (e) any other conditions that could be hazardous to aviation safety at the airport and against which precautions are warranted. (3) Where it is not feasible for an operator to cause notice of a circumstance referred to in subsection (2) to be received at the appropriate air traffic control unit or flight service station, the operator shall give immediate notice directly to the pilots who may be affected by that circumstance. (4) The operator of an airport may remove from the surface of the airport any vehicle or other obstruction that is likely to be hazardous to aviation safety at or in the vicinity of the airport. SOR/2007-290, s. 8; SOR/2019-119, s. 6(F). Airport Operations Manual 302.08 (1) The operator of an airport shall (a) on the issuance of an airport certificate, provide the Minister with a copy of the airport operations manual, as approved by the Minister pursuant to subsection 302.03(2), and distribute copies of the applicable portions to the persons and institutions referred to in the airport operations manual; (b) maintain the airport operations manual; and (c) submit to the Minister for approval any proposed amendment to the airport operations manual. (2) The provisions of this Subpart that apply in respect of the making of an airport operations manual also apply in respect of any amendment to an airport operations manual. (3) An airport operations manual shall set out the standards to be met and the services to be provided by an airport operator. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Section 302.08 (4) An airport operations manual shall contain (a) a table of contents; (b) any information relating to the administration of the airport, including (i) a record of any amendments to the airport operations manual, (ii) a list of holders of copies of the airport operations manual or of portions thereof, (iii) a description of the procedure for amendment of the airport operations manual, (iv) a description of the organizational structure and operational procedures of the airport management, (v) an enumeration of the obligations of the operator referred to in section 302.07, (vi) an undertaking, signed by the operator, in respect of the operator’s obligations under paragraphs 302.07(1)(c) and (d), (vii) a statement, signed by the operator, certifying that the airport operations manual is complete and accurate, and that the operator agrees to comply with all of the conditions and specifications referred to therein, (viii) a statement, signed by the Minister, that the Minister has approved the airport operations manual and any amendments thereto, and (ix) a copy of any agreement or memorandum of understanding that affects the operation of the airport; (c) all of the information necessary to verify that the airport meets the applicable standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued, and satisfies any conditions specified by the Minister pursuant to subsection 302.03(3) in respect of (i) physical characteristics, (ii) obstacle limitation surfaces, (iii) declared distances, (iv) lighting, (v) markers, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.08-302.09 (vi) markings, (vii) signs, (viii) emergency response measures, (ix) airport safety measures, (x) access to the movement area and control procedures, and (xi) apron management plans and apron safety plans; (d) an enumeration of the facilities and services provided and the measures in effect at the airport, including (i) movement area maintenance services, (ii) measures for the removal of disabled aircraft, (iii) air traffic services and aeronautical information and communication services, (iv) navigation aids, and (v) aviation weather services; (e) a description of movement area services and facilities provided at the discretion of the operator; and (f) with respect to the safety management system required under section 107.02, (i) a description of the system’s components specified in section 302.502, and (ii) a list of the titles, dates and locations of any documents that are not in the airport operations manual and that describe how the operator is meeting its obligations with respect to the safety management system. (5) The operator of an airport shall operate the airport in accordance with the airport operations manual. SOR/2007-290, s. 9. Warning Notices 302.09 Where low-flying or taxiing aircraft at or in the vicinity of an airport are likely to be hazardous to pedestrian or vehicular traffic, the operator of the airport shall immediately Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.09-302.10 (a) post notices warning of the hazard on any public way that is adjacent to the manoeuvring area; or (b) where such a public way is not owned or controlled by the operator, inform the authorities responsible for posting notices on the public way that there is a hazard. Prohibitions 302.10 No person shall (a) operate an aerodrome referred to in subsection 302.01(1) unless an airport certificate is issued in respect of that aerodrome; (b) knowingly use an airport in a manner contrary to a condition set out in the airport certificate; (c) walk, stand, drive a vehicle, park a vehicle or aircraft or cause an obstruction on the movement area of an airport, except in accordance with permission given (i) by the operator of the airport, and (ii) where applicable, by the appropriate air traffic control unit or flight service station; (d) operate any vessel, or cause any obstruction, on the surface of any part of a water area of an airport that is to be kept clear of obstructions in the interest of aviation safety, when ordered, by signal or otherwise, to leave or not to approach that area by the appropriate air traffic control unit or flight service station or by the operator of the airport; (e) tow an aircraft on an active movement area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lights mounted on the towing vehicle and directed at the aircraft being towed; (f) park or otherwise leave an aircraft on an active manoeuvring area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lanterns suspended from the wingtips, tail and nose of the aircraft; (g) at an airport, knowingly remove, deface, extinguish or interfere with a marker, marking, light or signal that is used for the purpose of air navigation, except in accordance with permission given (i) by the operator of the airport, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.10-302.11 (ii) where applicable, by the appropriate air traffic control unit or flight service station; (h) at or in the vicinity of an airport, knowingly display a marker, marking, sign, light or signal that is likely to be hazardous to aviation safety by causing glare or by causing confusion with or preventing clear visual perception of a marker, marking, sign, light or signal that is required under this Subpart; (i) allow a bird or other animal that is owned by the person or that is in the person’s custody or control to be unrestrained within the boundaries of an airport, except for the purpose of controlling other birds or animals at the airport as permitted by the operator; or (j) discharge a firearm within or into an airport without the permission of the operator of the airport. Fire Prevention 302.11 (1) Subject to subsections (2) to (4), no person shall, at an airport, smoke or display an open flame (a) on an apron; (b) on an aircraft loading bridge or on a gallery or balcony that is contiguous to or that overhangs an apron; or (c) in an area where smoking or an open flame is likely to create a fire hazard that could endanger persons or property. (2) The operator of an airport may display flare pots to provide temporary lighting for the take-off or landing of aircraft. (3) The operator of an airport may, in writing, authorize maintenance or servicing operations on an apron that involve the use, production or potential development of an open flame or that involve the production or potential Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division I — General Sections 302.11-302.201 development of a spark where the operations are conducted in a manner that is not likely to create a fire hazard that could endanger persons or property. (4) The operator of an airport may permit smoking in an enclosed building or shelter located on an apron where such smoking is not likely to create a fire hazard that could endanger persons or property. [302.12 to 302.200 reserved] Division II — Airport Emergency Planning Interpretation 302.201 The following definitions apply in this Division. community organization means an organization, corporation, department or public service. (organisme communautaire) emergency coordination centre means a designated area to be used in supporting and coordinating emergency operations and whose location is specified under paragraph 302.203(1)(r). (centre de coordination des urgences) full emergency standby means attendance at an emergency scene and preparedness to respond at the necessary level when an aircraft has, or may have, an operational problem that affects flight operations to the extent that there is a possibility of an accident. (état d’alerte complet) on-scene controller means the person identified in an airport emergency plan as being responsible for the overall coordination of the response at an emergency scene. (coordonnateur sur place) table top exercise means an exercise requiring the participation of the community organizations and other resources identified in an airport emergency plan to review and coordinate their respective roles, responsibilities and response actions without actually activating the plan. (exercice en salle) SOR/2007-262, s. 2; SOR/2015-160, s. 4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Sections 302.202-302.203 Airport Emergency Plan General 302.202 (1) After consultation with a representative sample of the air operators that use the airport and with community organizations that may be of assistance during emergency operations at the airport or in its vicinity, the operator of an airport shall develop and maintain an emergency plan for the purpose of identifying (a) the emergencies that can reasonably be expected to occur at the airport or in its vicinity and that could be a threat to the safety of persons or to the operation of the airport; (b) the measures to activate the emergency plan for each type of emergency; (c) the community organizations capable of providing assistance in an emergency; and (d) any additional resources available at the airport and in the surrounding area. (2) The operator of an airport shall establish a degree of supervision and control that is necessary to manage the size and complexity of the emergencies referred to in paragraph (1)(a). (3) The operator of an airport shall (a) keep at the airport, in the format of a manual, a copy of an updated version of the emergency plan; and (b) provide a copy to the Minister on request. (4) The operator of an airport shall (a) update the emergency plan as necessary to ensure its effectiveness in emergency operations; and (b) review the emergency plan and make any required updates at least once a year after consultation with a representative sample of the air operators that use the airport and the community organizations identified in the emergency plan. SOR/2007-262, s. 2; SOR/2019-119, s. 7; SOR/2021-152, s. 2(F). Content 302.203 (1) In an emergency plan, the operator of an airport shall, at a minimum, (a) identify the potential emergencies, including Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Section 302.203 (i) an aircraft accident or incident (A) within the airport boundaries, and (B) within a critical rescue and fire-fighting access area that extends 1000 m beyond the ends of a runway and 150 m at 90° outwards from the centreline of the runway, including any part of that area outside the airport boundaries, (ii) an aircraft emergency declared by either air traffic services or a pilot, (iii) a fuel spill that spreads at least 1.5 m in any direction or exceeds 12 mm in depth, (iv) a medical emergency, (v) a fire in which airport operations or passenger safety is threatened, (vi) an emergency that is related to a special aviation event and that might have an impact on airport operations, (vii) a natural disaster, and (viii) any other emergency that is a threat or is likely to be a threat to the safety of persons or to the operation of the airport; (b) identify the organizations at the airport and the community organizations that are capable of providing assistance during an emergency at an airport or in its vicinity, provide the telephone numbers and other contact information for each organization and describe the type of assistance each can provide; (c) identify the other resources available at the airport and in the surrounding communities for use during emergency response or recovery operations and provide their telephone numbers and other contact information; (d) describe for emergency situations the lines of authority and the relationships between the organizations identified in the emergency plan and describe how actions will be coordinated among all and within each of the organizations; (e) identify for emergency situations the supervisors and describe the responsibilities of each; (f) specify the positions occupied by the airport personnel who will respond to an emergency and describe the specific emergency response duties of each; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Section 302.203 (g) identify the on-scene controller and describe the controller’s emergency response duties; (h) provide authorization for a person to act as an onscene controller or a supervisor if they are not airport personnel; (i) set out the criteria to be used for positioning the on-scene controller within visual range of an emergency scene; (j) set out the measures to be taken to make the onscene controller easily identifiable at all times by all persons responding to an emergency; (k) if initial on-scene control has been assumed by a person from a responding organization, describe the procedure for transferring control to the on-scene controller; (l) describe any training and qualifications required for the on-scene controller and the airport personnel identified in the emergency plan; (m) describe the method for recording any training provided to the on-scene controller and airport personnel; (n) describe the communication procedures and specify the radio frequencies to be used to link the operator of the airport with (i) the on-scene controller, and (ii) the providers of ground traffic control services and air traffic control services at the airport; (o) describe the communication procedures allowing the on-scene controller to communicate with the organizations identified in the emergency plan; (p) identify the alerting procedures that (i) activate the emergency plan, (ii) establish the necessary level of response, (iii) allow immediate communication with the organizations identified in the emergency plan in accordance with the required level of response, (iv) if applicable, confirm the dispatch of each responding organization, (v) establish the use of standard terminology in communications, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Section 302.203 (vi) establish the use of the appropriate radio frequencies as set out in the emergency plan; (q) specify (i) the airport communication equipment testing procedures, (ii) a schedule for the testing, and (iii) the method of keeping records of the tests; (r) for airports designated under Subpart 3, specify the location of the emergency coordination centre used to provide support to the on-scene controller; (s) describe the measures for dealing with adverse climatic conditions and darkness for each potential emergency set out in paragraph (a); (t) describe the procedures to assist persons who have been evacuated if their safety is threatened or airside operations are affected; (u) describe the procedures respecting the review and confirmation of the following to permit the return of the airport to operational status after an emergency situation: (i) emergency status reports, (ii) coordination with the coroner and the investigator designated by the Transportation Safety Board of Canada regarding the accident site conditions, (iii) disabled aircraft removal, (iv) airside inspection results, (v) accident or incident site conditions, and (vi) air traffic services and NOTAM coordination; (v) describe the procedures for controlling vehicular flow during an emergency to ensure the safety of vehicles, aircraft and persons; (w) specify the procedures for issuing a NOTAM in the event of (i) an emergency affecting the critical category for fire fighting required under section 303.07, or (ii) changes or restrictions in facilities or services at the airport during and after an emergency; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Section 302.203 (x) describe the procedures for preserving evidence as it relates to (i) aircraft or aircraft part removal, and (ii) the site of the accident or incident in accordance with the Canadian Transportation Accident Investigation and Safety Board Act; (y) describe the procedures to be followed, after any exercise set out in section 302.208 or the activation of the plan for an emergency that requires a full emergency standby, in the following cases: (i) a post-emergency debriefing session with all participating organizations, (ii) the recording of the minutes of the debriefing session, (iii) an evaluation of the effectiveness of the emergency plan to identify deficiencies, (iv) changes, if any, to be made in the emergency plan, and (v) partial testing subsequent to the modification of an emergency plan; (z) describe (i) the process for an annual review and update of the emergency plan, and (ii) the administrative procedure for the distribution of copies of an updated version of the emergency plan to the airport personnel who require them and to the community organizations identified in the plan; and (z.1) describe the procedures to assist in locating an aircraft when the airport receives notification that an ELT has been activated. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Sections 302.203-302.206 (2) The operator of an airport shall include a copy of the following documents in the emergency plan: (a) the signed agreements, if any, between the airport operator and the community organizations that provide emergency response services to the airport; and (b) an airport grid map. SOR/2007-262, s. 2. On-scene Controller 302.204 The on-scene controller shall be at the emergency site and shall not have other duties during an emergency, unless the life of a person is in danger nearby and the on-scene controller is alone and has the ability to assist the person. SOR/2007-262, s. 2. 302.205 The operator of an airport shall establish procedures that make the on-scene controller easily identifiable by all persons responding to an emergency. SOR/2007-262, s. 2. Aircraft Crash Charts and Airport Grid Maps 302.206 (1) For aircraft operating in a passenger or cargo configuration, the operator of an airport shall make available to the emergency coordination centre aircraft crash charts specific to the aircraft used by the air operators that use the airport, and shall provide copies of the charts to (a) the organizations responsible for fire-fighting services that are identified in the emergency plan; and (b) the on-scene controller. (2) In the case of aircraft that have or may have a seating configuration of not more than nine passenger seats, the operator of an airport may use, instead of the aircraft crash charts referred to in subsection (1), other documents containing equivalent information. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Sections 302.206-302.207 (3) The operator of an airport shall develop and review and update annually, if necessary, an airport grid map that includes a minimum of (a) an area covering at least one kilometre around each runway; (b) the airport access roads and gates; and (c) the location of rendezvous points to which persons and vehicles that are responding to an emergency situation proceed in order to receive instructions. (4) The operator of an airport shall provide copies of the airport grid map to the airport personnel who must have one and the organizations identified in the emergency plan. SOR/2007-262, s. 2; SOR/2015-160, s. 5(F). Personnel and Training 302.207 (1) The operator of an airport shall assign specific emergency response duties, other than those of an on-scene controller or a supervisor, only to those airport personnel who are identified in the emergency plan and who (a) are knowledgeable of their duties as described in the plan; and (b) have the skills to carry out their duties. (2) The operator of an airport shall assign to act as an on-scene controller or a supervisor only those airport personnel, or other persons authorized by the operator in the emergency plan, who are (a) knowledgeable about the contents of the emergency plan; (b) familiar with the procedures for the overall coordination of emergency operations at an emergency site; and (c) trained for the particular role that they perform. (3) The operator of an airport shall (a) keep records of the training that was received by persons to meet the requirements of subsections (1) and (2); Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Sections 302.207-302.208 (b) preserve the records of training for three years after the day on which the training was received; and (c) submit a copy of the training records to the Minister on request. SOR/2007-262, s. 2; SOR/2015-160, s. 6(F); SOR/2019-119, s. 8(F). Testing of the Emergency Plan 302.208 (1) In this section, international service has the same meaning as in subsection 55(1) of the Canada Transportation Act. (2) The operator of an airport shall test the emergency plan by conducting a full-scale exercise (a) for the airports designated by the Minister in the Canada Flight Supplement to be used by international service, at intervals not exceeding two years; and (b) for other airports, at intervals not exceeding four years. (3) The operator of an airport shall conduct full-scale exercises based on scenarios that relate to a major aircraft accident and, at a minimum, the exercises shall include the assembly and deployment of fire-fighting, policing and medical services organizations. (4) The operator of an airport shall conduct a table top exercise each year in which no full-scale exercise is conducted. (5) The operator of an airport, when conducting a table top exercise, shall have (a) an up-to-date list of the participants and their telephone numbers and the radio frequencies used to communicate; (b) fully operational communication equipment; and (c) a copy of the airport grid map. (6) The operator of an airport shall base the table top exercises on scenarios that include an aircraft accident or incident. (7) The operator of an airport shall provide the Minister with a notice in writing of the date and time when a table top or full-scale exercise is to be carried out at least 60 days before the day of the exercise. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division II — Airport Emergency Planning Sections 302.208-302.209 (8) The Minister may observe the testing of an emergency plan. (9) After each exercise, the operator of an airport shall conduct a debriefing with all the organizations identified in the plan and a representative of the airport personnel who participated to evaluate the effectiveness of the emergency plan and identify deficiencies. (10) The operator of an airport shall implement an action plan to correct any deficiencies in the emergency plan that were identified during a debriefing session. (11) The operator of an airport shall conduct partial exercises to assess proposed changes in the plan in order to correct deficiencies. (12) The operator of an airport shall record (a) the date of an exercise; (b) the type of exercise; (c) the minutes of the debriefing session after the exercise; and (d) any action plans to correct deficiencies that were identified during a debriefing session. (13) The operator of an airport shall keep an exercise record for 10 years after the day on which the record is made. (14) The operator of an airport shall submit debriefing minutes and corrective action plans relating to an exercise to the Minister on request. SOR/2007-262, s. 2. Authorization 302.209 The Minister may, on application by the operator of an airport, provide to the operator written authorization not to conduct the full-scale exercise during an interval set out in paragraph 302.208(2)(a) or (b) if the operator demonstrates that the testing requirements for a full-scale exercise have been met through an activation of the emergency plan in response to an emergency during that interval. SOR/2007-262, s. 2. [302.210 to 302.300 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division III — Airport Wildlife Planning and Management Sections 302.301-302.303 Division III — Airport Wildlife Planning and Management Interpretation 302.301 In this Division, waste disposal facility means a landfill site, garbage dump, waste transfer and sorting facility, recycling and composting facility or commercial fish processing plant; (installation d’élimination des déchets) wildlife strike means a collision between an aircraft and wildlife. (impact faunique) SOR/2006-85, s. 3. Application 302.302 (1) Subject to subsection (2), this Division applies to airports (a) that, within the preceding calendar year, had 2 800 movements of commercial passenger-carrying aircraft operating under Subpart 4 or 5 of Part VII; (b) that are located within a built-up area; (c) that have a waste disposal facility within 15 km of the geometric centre of the airport; (d) that had an incident where a turbine-powered aircraft collided with wildlife other than a bird and suffered damage, collided with more than one bird or ingested a bird through an engine; or (e) where the presence of wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management, has been observed in an airport flight pattern or movement area. (2) Section 302.303 applies to all airports. SOR/2006-85, s. 3; SOR/2015-160, s. 7(F). Wildlife Strikes 302.303 (1) The operator of an airport shall keep records of all wildlife strikes at the airport, including those reported by Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division III — Airport Wildlife Planning and Management Sections 302.303-302.304 (a) pilots; (b) ground personnel; and (c) aircraft maintenance personnel when they identify damage to an aircraft as having been caused by a wildlife strike. (2) Wildlife remains that are found within 200 feet of a runway or an airside pavement area are presumed to be the result of a wildlife strike unless another cause of death is identified. (3) The operator of the airport shall submit a written and dated report to the Minister (a) for each wildlife strike, within 30 days of its occurrence; or (b) for all wildlife strikes that occur in a calendar year, before March 1 of the following calendar year. SOR/2006-85, s. 3; SOR/2015-160, s. 8. Risk Analysis 302.304 (1) The operator of an airport shall collect information in respect of the requirements set out in section 322.304 of the Airport Standards-Airport Wildlife Planning and Management. (2) The operator of the airport shall, after consultation with a representative sample of the operators in respect of an aircraft, air operators and private operators that use the airport, conduct a risk analysis that evaluates the collected information. (3) The risk analysis shall be in writing and include (a) an analysis of the risks associated with the wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management; and (b) the measures that are necessary to manage or remove the hazards or to manage or mitigate the risks. (4) The operator of the airport shall, at the request of the Minister, make the risk analysis available for inspection. SOR/2006-85, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division III — Airport Wildlife Planning and Management Section 302.305 Airport Wildlife Management Plan General 302.305 (1) The operator of an airport shall establish and maintain an airport wildlife management plan in accordance with section 322.305 of Standard 322 — Airports. (2) The operator of the airport shall submit the plan to the Minister, on request by the Minister, in accordance with the requirements set out in subsection 322.305(2) of the Airport Standards-Airport Wildlife Planning and Management. (3) The operator of the airport shall keep a copy of the plan at the airport and it shall, on request by the Minister, be made available to the Minister. (4) [Repealed, SOR/2019-295, s. 6] (5) The operator of the airport shall review the plan every two years. (6) The operator of the airport shall amend the plan and submit the amended plan to the Minister within 30 days of the amendment if (a) the amendment is necessary as a result of the review conducted under subsection (5); (b) an incident has occurred in which a turbine-powered aircraft collided with wildlife other than a bird and suffered damage, collided with more than one bird or ingested a bird through an engine; (c) a variation in the presence of wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management, has been observed in an airport flight pattern or movement area; or (d) there has been a change (i) in the wildlife management procedures or in the methods used to manage or mitigate wildlife hazards, (ii) in the types of aircraft at the airport, or (iii) in the types of aircraft operations at the airport. SOR/2006-85, s. 3; SOR/2019-295, s. 6. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division III — Airport Wildlife Planning and Management Sections 302.306-302.307 Content 302.306 An airport wildlife management plan shall (a) identify and describe the risks associated with all wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management, at or near the airport that might affect the safe operation of aircraft, including the proximity of any waste disposal facility or migration route affecting wildlife populations near the airport; (b) specify the particular measures that are used by the operator of the airport to manage or mitigate the risks; (c) identify and describe the actions that are used by the operator of the airport to satisfy the requirements set out in section 322.306 of the Airport StandardsAirport Wildlife Planning and Management in respect of firearm certificates and permits, wildlife control permits, wildlife strikes, wildlife management logs, and evaluations of habitats, land uses and food sources at or near the airport; (d) set out a policy for the management of airport habitats that might attract wildlife; (e) set out a policy that prohibits the feeding of wildlife and the exposure of food wastes; (f) set out a procedure to ensure that all endangered or protected wildlife at the airport are inventoried; (g) identify the role of the personnel and agencies involved in wildlife management issues and provide the contact numbers for each; and (h) provide details of any wildlife hazard awareness program. SOR/2006-85, s. 3. Training 302.307 (1) The operator of an airport shall (a) provide any person who has duties in respect of the airport wildlife management plan with training at least once every five years regarding their assigned Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division III — Airport Wildlife Planning and Management Sections 302.307-302.401 duties and the matters set out in section 322.307 of the Airport Standards-Airport Wildlife Planning and Management; and (b) ensure that any person who has duties in respect of the airport wildlife management plan holds any required firearm permit. (2) The operator of the airport shall maintain a record of each person’s training for a period of five years and provide the Minister with a copy of any record, if requested. SOR/2006-85, s. 3; SOR/2015-160, s. 9. Communication and Alerting Procedure 302.308 The operator of an airport shall establish a communication and alerting procedure for wildlife management personnel in accordance with section 322.308 of the Airport Standards-Airport Wildlife Planning and Management to alert pilots as soon as possible of the wildlife hazards at the airport and the risks associated with those hazards. SOR/2006-85, s. 3. [302.309 to 302.400 reserved] Division IV — Airport Winter Maintenance [SOR/2007-290, s. 10] Interpretation 302.401 The following definitions apply in this Division. AMSCR or Aircraft Movement Surface Condition Report means a report that details the surface conditions of all movement areas at an airport, including runways and taxiways. (AMSCR ou compte rendu de l’état de la surface pour les mouvements d’aéronefs ) contaminant means material that collects on a surface, including standing water, snow, slush, compacted snow, ice, frost, sand, and ice control chemicals. (contaminant) CRFI or Canadian Runway Friction Index means the average of the friction measurements taken on runway surfaces on which freezing or frozen contaminants are present. (CRFI ou coefficient canadien de frottement sur piste ) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.401-302.402 dry snow means snow that does not contain sufficient water to allow the crystals to stick together or bond to a surface. (neige sèche) ice control chemicals means chemicals used to prevent ice formation, to prevent ice from bonding to a surface, or to break up or melt ice on a surface. (produits chimiques de déglaçage) priority 1 area means an airside area that, based on prevailing winds or operational requirements, is necessary to maintain the operational capability of an airport, and includes the features referred to in paragraph 322.411(1)(a) of the Airport Standards — Airport Winter Maintenance. (zone de priorité 1) priority 2 area means an airside area that is necessary to provide additional runway availability should wind conditions or operational requirements change, and includes the features referred to in paragraph 322.411(1)(b) of the Airport Standards — Airport Winter Maintenance. (zone de priorité 2) priority 3 area means an airside area that is not a priority 1 area or priority 2 area, and includes the features referred to in paragraph 322.411(1)(c) of the Airport Standards — Airport Winter Maintenance. (zone de priorité 3) sand means small particles of crushed angular mineral aggregates or natural sand material used to improve runway surface friction levels. (sable) slush means partially melted snow or ice, with a high water content, from which water readily flows. (neige fondante) wet snow means snow that will stick together when compressed but will not readily allow water to flow from it if squeezed. (neige mouillée) SOR/2019-118, s. 3. Application 302.402 (1) Subject to paragraph (2)(b), sections 302.406 and 302.407 apply in respect of an airport if aeroplanes at the airport are operated in an air transport service under Subpart 3 of Part VII. (2) Sections 302.410 to 302.419 apply in respect of an airport if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.402-302.406 (a) aeroplanes at the airport are operated in an air transport service under Subpart 4 or 5 of Part VII; or (b) aeroplanes at the airport are operated in an air transport service under Subpart 3 of Part VII and the operator of the airport has decided to comply with those sections instead of sections 302.406 and 302.407. SOR/2019-118, s. 3. Notification 302.403 The operator of an airport referred to in paragraph 302.402(2)(b) shall (a) provide the Minister, at least 60 days before implementing a decision to comply with sections 302.410 to 302.419 instead of sections 302.406 and 302.407, with notice in writing of that decision; (b) provide the Minister, at least 60 days before implementing a decision to resume complying with sections 302.406 and 302.407, with notice in writing of that decision; and (c) notify the air operators that use the airport, and the air navigation services provider, of any change in the level of service provided at the airport as a result of a decision referred to in paragraph (a) or (b). SOR/2019-118, s. 3. [302.404 and 302.405 reserved] Winter Maintenance Measures 302.406 (1) Each year, before the start of winter maintenance operations, the operator of an airport shall (a) consult a representative sample of the air operators that use the airport about the intended level of winter maintenance and keep a record of the consultations; (b) provide the aeronautical information publications provider with information, for publication in the Canada Flight Supplement, about the level of winter maintenance; and (c) include information in the airport operations manual about the level of winter maintenance. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.406-302.410 (2) The operator of the airport shall use AMSCRs to report the surface conditions of all movement areas, and shall forward the AMSCRs to the air navigation services provider. SOR/2019-118, s. 3. Ice Control Chemicals and Sand 302.407 (1) The operator of an airport shall, on movement areas, use only (a) the ice control chemicals specified in subsection 322.415(1) of the Airport Standards — Airport Winter Maintenance; and (b) sand that meets the requirements specified in subsection 322.415(2) of the Airport Standards — Airport Winter Maintenance. (2) The operator of the airport shall remove sand from movement areas, with the exception of gravel runways, as soon as (a) the sand is no longer required to provide more friction for aircraft and service vehicles; and (b) there are no higher operational priorities. SOR/2019-118, s. 3. [302.408 to 302.409 reserved] Airport Winter Maintenance Plan 302.410 (1) The operator of an airport shall have an airport winter maintenance plan that (a) was developed by the operator after consultations with a representative sample of the air operators that use the airport; and (b) includes the items required under section 302.411. (2) The operator of the airport shall review its airport winter maintenance plan at least once a year as well as each time the operator does not clear a priority area in accordance with the plan. (3) If the operator of the airport determines, as a result of a review, that its airport winter maintenance plan should be amended, the operator shall consult a representative sample of the air operators that use the airport before amending the plan. (4) The operator of the airport shall keep at the airport Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.410-302.411 (a) an up-to-date copy of its airport winter maintenance plan; (b) a record of all consultations required under this section; and (c) a record of each review required under this section. SOR/2019-118, s. 3. Content 302.411 An airport winter maintenance plan shall include (a) procedures for identifying which airside areas are priority 1 areas, priority 2 areas or priority 3 areas during winter storm conditions; (b) a description of the winter maintenance operations to be carried out in an airside area once it is identified as a priority 1 area, priority 2 area or priority 3 area; (c) communication procedures that meet the requirements of subsection 322.411(2) of the Airport Standards — Airport Winter Maintenance; (d) procedures for publishing a NOTAM in the event of winter conditions that might be hazardous to aircraft operations or affect the use of movement areas and facilities used to provide services relating to aeronautics; (e) safety procedures for controlling the flow of ground vehicles during winter maintenance operations to ensure the safety of persons, vehicles and aircraft; (f) procedures for minimizing the risk of ice control chemicals — other than the ice control chemicals specified in subsection 322.415(1) of the Airport Standards — Airport Winter Maintenance — being tracked onto an airside area; (g) a description of the lines of authority and organizational relationships with respect to winter maintenance, including contact names and telephone numbers; (h) a description of how actions undertaken as part of winter maintenance will be coordinated; (i) a description of the arrangements for snow clearance; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.411-302.413 (j) a description of the process for reviewing and amending the plan; (k) a description of the administrative procedure for distributing the plan and its amendments; and (l) a list of all agreements respecting the provision of winter maintenance services for navigation aids at the airport, and signed copies of those agreements. SOR/2019-118, s. 3. Removal of Contaminants from Priority Areas 302.412 (1) The operator of an airport who decides to operate the airport during winter storm conditions shall remove contaminants (a) from priority 1 areas; (b) from priority 2 areas to the extent that doing so does not compromise the operator’s ability to keep priority 1 areas operational; and (c) from priority 3 areas after the winter storm conditions have ended. (2) If the operator of the airport does not remove contaminants from a priority area in accordance with its airport winter maintenance plan, the operator shall make a record of that fact and the surrounding circumstances. (3) The operator of the airport shall keep the record for two years after the day on which the operator was required to remove the contaminants. SOR/2019-118, s. 3. Snow Accumulation on or Adjacent to Threshold Areas 302.413 The operator of an airport shall prevent snow that has accumulated on or adjacent to threshold areas from interfering with the operation of aeroplanes by clearing and banking the snow in a manner that meets or exceeds the specifications set out in section 322.413 of the Airport Standards — Airport Winter Maintenance. SOR/2019-118, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.414-302.416 Snow Accumulation Adjacent to Runways or Taxiways 302.414 The operator of an airport shall prevent snow that has accumulated adjacent to runways or taxiways from interfering with the operation of aeroplanes by clearing and banking the snow in a manner that meets or exceeds the specifications set out in section 322.414 of the Airport Standards — Airport Winter Maintenance. SOR/2019-118, s. 3. Ice Control Chemicals and Sand 302.415 (1) The operator of an airport shall, on movement areas, use only (a) the ice control chemicals specified in subsection 322.415(1) of the Airport Standards — Airport Winter Maintenance; and (b) sand that meets the requirements specified in subsection 322.415(2) of the Airport Standards — Airport Winter Maintenance. (2) The operator of the airport shall remove sand from movement areas, with the exception of gravel runways, as soon as (a) the sand is no longer required to provide more friction for aircraft and service vehicles; and (b) there are no higher operational priorities. SOR/2019-118, s. 3. Friction Measurement 302.416 (1) The operator of an airport shall (a) carry out the measurements for the purposes of determining CRFIs in accordance with section 322.416 of the Airport Standards — Airport Winter Maintenance; (b) provide the CRFIs to the ground station in accordance with subsection 322.411(2) of those standards; and (c) maintain the accuracy of the equipment referred to in section 322.416 of those standards in accordance with that section. (2) Subsection (1) does not apply if (a) the airport does not receive any aeroplanes operated in an air transport service under Subpart 5 of Part VII; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.416-302.417 (b) the airport runways are gravel and the airport does not receive turbo-jet-powered aeroplanes operated in an air transport service under Subpart 5 of Part VII. SOR/2019-118, s. 3. Movement Area Inspections and Reports 302.417 (1) The operator of an airport shall (a) inspect movement areas and prepare AMSCRs in accordance with section 322.417 of the Airport Standards — Airport Winter Maintenance; (b) include a CRFI in each AMSCR if section 302.416 applies to the operator; (c) forward AMSCRs to the air navigation services provider in a manner that will permit its prompt dissemination to aircraft operators; (d) provide the aeronautical information publications provider with information about the availability of CRFIs and AMSCRs for publication in the Canada Flight Supplement; and (e) include information in the airport operations manual about the availability of CRFIs and AMSCRs. (2) Despite paragraph (1)(b), the operator of the airport shall not include friction readings in an AMSCR if those friction readings are obtained from a runway surface using a decelerometer and if (a) the runway surface is wet but there is no contaminant; (b) on the runway surface there is a layer of slush but no other contaminant; (c) on the runway surface there is wet snow that, when stepped on or driven on, splatters, turns to slush or results in the presence of visible water; or (d) on the runway surface there is dry snow or wet snow that exceeds 2.5 cm (one inch) in depth. SOR/2019-118, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division IV — Airport Winter Maintenance Sections 302.418-302.500 Training 302.418 (1) The operator of an airport shall not assign duties in respect of its airport winter maintenance plan to a person unless that person has received training from the operator on those duties and on the matters set out in section 322.418 of the Airport Standards — Airport Winter Maintenance. (2) The operator of the airport shall not assign supervisory duties in respect of its airport winter maintenance plan to a person unless that person has received training on those duties and on the content of the plan. (3) Each year, before the start of winter maintenance operations, the operator of the airport shall provide persons who will be assigned duties in respect of its airport winter maintenance plan with training on any amendments that have been made to the plan since the previous winter. (4) Training provided under this section shall be competency-based with an emphasis on performance, and shall include written or practical examinations. SOR/2019-118, s. 3. Training Records 302.419 The operator of an airport shall keep a training record for each person who receives any training under section 302.418, and shall keep the record for five years after the day on which the latest training was received. SOR/2019-118, s. 3. [302.420 to 302.499 reserved] Division V — Safety Management System Application 302.500 (1) This Division applies to an applicant for, or a holder of, an airport certificate issued under section 302.03 in respect of the following airports: (a) Calgary International; (b) Edmonton International; (c) Gander International; (d) Halifax Robert L. Stanfield International; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division V — Safety Management System Sections 302.500-302.502 (e) Montréal — Pierre Elliott Trudeau International; (f) Ottawa Macdonald-Cartier International; (g) St. John’s International; (h) Toronto / Lester B. Pearson International; (i) Vancouver International; and (j) Winnipeg James Armstrong Richardson International. (2) On and after January 1, 2009, this Division applies to an applicant for, or a holder of, an airport certificate issued under section 302.03. SOR/2007-290, s. 10. Requirements 302.501 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an airport certificate shall (a) meet the requirements of Subpart 7 of Part I and section 302.502; and (b) be under the control of the accountable executive appointed under paragraph 106.02(1)(a). SOR/2007-290, s. 10. Components of the Safety Management System 302.502 The safety management system shall include, among others, the following components: (a) a safety management plan that includes (i) a safety policy that the accountable executive has approved and communicated to all employees, (ii) the roles and responsibilities of personnel assigned duties under the safety management system, (iii) performance goals and a means of measuring attainment of those goals, (iv) a policy for the internal reporting of hazards, incidents and accidents, including the conditions under which immunity from disciplinary action will be granted, and (v) a process for reviewing the safety management system to determine its effectiveness; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division V — Safety Management System Sections 302.502-302.503 (b) procedures for reporting hazards, incidents and accidents to the appropriate manager; (c) procedures for the collection of data relating to hazards, incidents and accidents; (d) procedures for the exchange of information in respect of hazards, incidents and accidents among the operators of aircraft and the provider of air traffic services at the airport and the airport operator; (e) procedures for analysing data obtained under paragraph (c) and during an audit conducted under a quality assurance program required under paragraph 107.03(g) and for taking corrective actions; (f) training requirements for the person managing the safety management system and for personnel assigned duties under the safety management system; (g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases; and (h) procedures for involving employees in the implementation and ongoing development of the safety management system. SOR/2007-290, s. 10. Quality Assurance Program 302.503 (1) The quality assurance program required under paragraph 107.03(g) in respect of an applicant for, or a holder of, an airport certificate shall include a process for quality assurance that includes periodic reviews or audits of the activities authorized under a certificate and reviews or audits, for cause, of those activities. (2) The holder of an airport certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up. (3) The holder of an airport certificate shall establish an audit system in respect of the quality assurance program that consists of the following: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division V — Safety Management System Section 302.503 (a) an initial audit conducted within 12 months after (i) in the case of an airport specified in subsection 302.500(1), the later of January 1, 2008 and the day on which the airport certificate is issued, and (ii) in the case of any other airport, the later of January 1, 2009 and the day on which the airport certificate is issued; (b) an audit of the entire quality assurance program carried out every three years, calculated from the initial audit, in one of the following ways: (i) a complete audit, or (ii) a series of audits conducted at intervals set out in the airport operations manual; (c) checklists of all activities controlled by the airport operations manual; (d) a record of each occurrence of compliance or noncompliance with the airport operations manual found during an audit referred to in paragraph (a) or (b); (e) procedures for ensuring that each finding of an audit is communicated to the accountable executive; (f) follow-up procedures for ensuring that corrective actions are effective; and (g) a system for recording the findings of an audit referred to in paragraph (a) or (b), corrective actions and follow-ups. (4) The records resulting from a system required under paragraph (3)(g) shall be retained for the greater of (a) two audit cycles, and (b) two years. (5) The duties related to the quality assurance program that involve specific tasks or activities among the activities of an airport shall be fulfilled by persons who are not responsible for carrying out those tasks or activities unless (a) the size, nature and complexity of the operations and activities authorized under the airport certificate Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division V — Safety Management System Sections 302.503-302.505 justify the fulfilling of those duties by the person responsible for carrying out those tasks or activities; (b) the holder of the airport certificate demonstrates to the Minister, by means of a risk analysis, that the fulfilling of those duties by the person responsible for carrying out those tasks or activities will not result in an unacceptable risk to aviation safety; and (c) the holder of the airport certificate provides the Minister, in writing, with the information required under paragraphs (a) and (b). SOR/2007-290, s. 10; SOR/2019-295, s. 7. Duties of the Certificate Holder 302.504 The holder of an airport certificate shall (a) ensure that corrective actions are taken in respect of any findings resulting from the safety management system referred to in section 302.501; (b) appoint a person to manage the safety management system; and (c) ensure that the person managing the safety management system performs the duties required under section 302.505. SOR/2007-290, s. 10. Person Managing the Safety Management System 302.505 (1) The person managing the safety management system shall (a) implement a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety; (b) identify hazards and carry out risk management analyses of those hazards; (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system; (d) implement a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents; (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division V — Safety Management System Section 302.505 (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the holder of the airport certificate; and (g) determine the adequacy of the training required by paragraph 302.502(f). (2) The person managing the safety management system shall, if a finding resulting from the safety management system referred to in section 302.501 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 duties have been assigned to another person under subsection (3), communicate any determination regarding a corrective action to that person; and (d) notify the certificate holder of any systemic deficiency and of the corrective action taken. (3) The person managing the safety management system may assign the management functions for the safety management system referred to in section 302.501 to another person if the assignment and its scope are described in the airport operations manual. (4) The person to whom management functions have been assigned under subsection (3) shall notify the person managing the safety management system of any systemic deficiency and of the corrective action taken. (5) The responsibility and accountability of the accountable executive are not affected by the appointment of a person to manage the safety management system under paragraph 302.504(b) or the assignment of management functions to another person under subsection (3). SOR/2007-290, s. 10; SOR/2019-119, s. 9(E); SOR/2019-122, s. 1. [302.506 to 302.599 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division VI — Runway End Safety Area (RESA) Section 302.600 Division VI — Runway End Safety Area (RESA) RESA — Obligations of Operator 302.600 (1) The operator of an airport shall ensure that a runway that is used for the take-off or landing of commercial aeroplanes engaged in a scheduled air service for the purpose of carrying passengers has a RESA that meets the requirements of section 302.602 if, according to the statistics referred to in subsection (2) or (3), the total of the number of passengers that are emplaned and the number of passengers that are deplaned at the airport is at least 325,000 per year during a period of two consecutive calendar years, the first period beginning the year in which this section comes into force. (2) The statistics in respect of the number of passengers are as published by Statistics Canada in the Airport Activity Survey. (3) If the statistics in respect of the number of passengers are not published or are incomplete, the statistics are those provided by Statistics Canada to the Minister. (4) In the case referred to in subsection (3), if the threshold in respect of the number of passengers referred to in subsection (1) has been reached, the Minister shall notify the operator of the airport. (5) The operator of an airport shall comply with the requirements of subsection (1) (a) within three years of the day on which the statistics referred to in subsection (2) are published in respect of the last year of a period referred to in subsection (1); or (b) within three years of the day on which the Minister notifies the operator under subsection (4). (6) Despite subsection (5), if a new runway is first in operation after the threshold in respect of the number of passengers referred to in subsection (1) has been reached, the operator of an airport shall comply with the requirements of subsection (1) beginning on the day on which the runway is first in operation. (7) If the total of the number of passengers that are emplaned and the number of passengers that are deplaned at the airport falls below 325,000 per year during any period of three consecutive calendar years after the day on which this section comes into force, the operator of an airport referred to in subsection (1) is no longer required to comply with the requirements of that subsection until Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division VI — Runway End Safety Area (RESA) Sections 302.600-302.602 the total of the number of passengers that are emplaned and the number of passengers that are deplaned at the airport is at least 325,000 per year during a period of two consecutive calendar years. SOR/2021-269, s. 4. RESA — Obligations of Operator of a Listed Airport 302.601 (1) Despite subsection 302.600(1), the operator of an airport referred to in the table to this section shall ensure that a runway that is used for the take-off or landing of commercial aeroplanes engaged in a scheduled air service for the purpose of carrying passengers has a RESA that meets the requirements of section 302.602. (2) The operator of an airport shall comply with the requirements of subsection (1) within three years of the day on which this section comes into force. TABLE Airport ICAO Location Indicator Calgary International CYYC Edmonton International CYEG Halifax (Robert L. Stanfield International) CYHZ Kelowna International CYLW Montréal (Montréal — Pierre Elliott Trudeau International) CYUL Ottawa (Macdonald-Cartier International) CYOW Québec (Jean Lesage International) CYQB Saskatoon (John G. Diefenbaker International) CYXE Toronto (Lester B. Pearson International) CYYZ Vancouver International CYVR Victoria International CYYJ Winnipeg (James Armstrong Richardson International) CYWG SOR/2021-269, s. 4. RESA — Requirements 302.602 (1) A RESA shall have a minimum length of 150 m and shall conform to the requirements respecting Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division VI — Runway End Safety Area (RESA) Sections 302.602-302.604 location, characteristics and objects in the runway end safety area set out in 3.2 of Chapter 3 of the document entitled Aerodrome Standards and Recommended Practices, TP 312E, published by the Department of Transport. (2) The operator of an airport may reduce the length of the ASDA, LDA or TORA in order to obtain the minimum length referred to in subsection (1). (3) The minimum length referred to in subsection (1) does not apply if the operator of an airport installs an arresting system that is designed to stop an aeroplane in the event that the aeroplane overruns a runway and that conforms to the requirements regarding such a system set out in 3.2 of Chapter 3 of TP 312E. (4) A RESA is not required before the starting point of the LDA if (a) the runway is equipped with a serviceable precision approach path indicator (PAPI) or abbreviated precision approach path indicator (APAPI); or (b) an instrument approach procedure with approved vertical guidance that is not restricted by a special authorization or an operations specification is available in respect of the runway. (5) For the purposes of paragraph (4)(b), approved vertical guidance means glide slope deviation information provided to a pilot until the decision height is reached to assist in the carrying out of a three-dimensional instrument approach without a missed approach point, but in respect of a missed approach segment that begins at the decision height. SOR/2021-269, s. 4. Notice to Minister 302.603 The operator of an airport shall notify the Minister, no later than 90 days before the end of the period referred to in paragraph 302.600(5)(a) or (b) or subsection 302.601(2), as applicable, of the manner in which the operator intends to comply with the requirements of subsection 302.600(1) or 302.601(1). SOR/2021-269, s. 4. Ministerial Order 302.604 If the operator fails to comply with the requirements of subsection 302.600(1) or 302.601(1), the Minister is authorized to make an order requiring the operator Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 2 — Airports Division VI — Runway End Safety Area (RESA) Sections 302.604-303.01 to reduce the length of the ASDA, LDA or TORA by the length required to meet the minimum length of a RESA. SOR/2021-269, s. 4. Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes [SOR/2003-58, s. 2] Division I — General Interpretation 303.01 In this Subpart, aircraft category for fire fighting means an aircraft category, determined in accordance with section 303.05 for the purpose of fighting fires involving aircraft; (catégorie d’aéronefs — SLIA) aircraft emergency [Repealed, SOR/2002-226, s. 2] aircraft fire-fighting standards means the Aerodrome and Airport Standards respecting Aircraft Fire Fighting at Airports and Aerodromes published under the authority of the Minister; (normes de lutte contre les incendies d’aéronefs) critical category for fire fighting means the aircraft category that (a) in respect of a designated airport, is determined in accordance with section 303.07 for the purpose of establishing the required level of service for fighting fires involving aircraft at the airport, and (b) in respect of a participating airport or aerodrome, is specified for the airport or aerodrome in the Canada Flight Supplement and corresponds to the level of service for fighting fires involving aircraft at that airport or aerodrome; (catégorie critique — SLIA) designated airport [Repealed, SOR/2006-86, s. 2] in response posture means, in respect of personnel, in a location at or near the airport or aerodrome that will permit an operator to obtain a satisfactory result in a response test referred to in subsection 303.18(4); (en position d’intervention) participating airport or aerodrome means an airport, other than a designated airport, or an aerodrome, for which a critical category for fire fighting is specified in Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division I — General Sections 303.01-303.03 the Canada Flight Supplement. (aéroport ou aérodrome participant) rescue means the act of evacuating persons from an aircraft involved in an aircraft accident or incident at an airport by means of fire suppression and then, if circumstances permit, aircraft entry. (sauvetage) SOR/97-518, s. 2; SOR/2002-226, s. 2; SOR/2003-58, s. 3; SOR/2006-86, s. 2. Application 303.02 (1) This Subpart, except subsections 303.03(2) and 303.04(4), applies in respect of a designated airport, which is an airport at which, according to the statistics referred to in subsection 303.06(1), the total of the number of passengers that are emplaned and the number of passengers that are deplaned is more than 180,000 per year. (2) This Subpart, except subsections 303.03(1) and 303.04(1) to (3), sections 303.06 and 303.07, subsection 303.10(2) and sections 303.11 and 303.12, applies in respect of a participating airport or aerodrome. SOR/97-518, s. 2; SOR/98-442, s. 1; SOR/2006-86, s. 3. General Requirements 303.03 (1) The operator of a designated airport shall provide the aircraft fire-fighting vehicles and the personnel required under this Subpart to respond to an aircraft emergency at the airport (a) in the case of an airport listed in the schedule to this Subpart, on the coming into force of these Regulations; and (b) in any other case, twelve months after the statistics compiled in accordance with subsection 303.06(1) show that the airport meets the criteria for a designated airport set out in subsection 303.02(1). (2) The operator of a participating airport or aerodrome shall provide the aircraft fire-fighting vehicles and the personnel required pursuant to this Subpart that correspond to the critical category for fire-fighting published in the Canada Flight Supplement to respond to an aircraft emergency at the airport or aerodrome. SOR/97-518, s. 2; SOR/2006-86, s. 4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division I — General Section 303.04 Hours of Operation of an Aircraft Fire-fighting Service 303.04 (1) Subject to subsection (2), the operator of a designated airport shall (a) at the beginning of each month and after consultation with the air operators that use the airport, establish the hours of operation of an aircraft fire-fighting service for the month and ensure that those hours coincide with at least 90 per cent of the movements during that month by commercial passenger-carrying aircraft at the airport of which the operator receives notice at least 30 days in advance; and (b) ensure that the critical category for fire fighting and the hours of operation of an aircraft fire fighting service are published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier. (2) Subject to subsection (5), the operator of a designated airport shall provide an aircraft fire-fighting service for the operation at the airport of aeroplanes in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers if the aeroplanes are operated under (a) Part VI, Subpart 4; or (b) Part VII, Subpart 1 or 5. (3) The operator of a designated airport shall provide an aircraft fire-fighting service until an aircraft referred to in subsection (2) has taken off or landed or the flight has been cancelled. (4) The operator of a participating airport or aerodrome shall establish the hours during which an aircraft firefighting service is to be operated and shall ensure that the hours are published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier. (5) Subsection (2) does not apply in respect of (a) a cargo flight without passengers; (b) a ferry flight; (c) a positioning flight; (d) a training flight if no fare-paying passengers are on board; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division I — General Sections 303.04-303.05 (e) the arrival of an aeroplane when the airport is being used for a diversion or as an alternate aerodrome; or (f) the subsequent departure of an aeroplane referred to in paragraph (e), if it is conducted in accordance with paragraph 602.96(7)(f). SOR/97-518, s. 2; SOR/98-442, s. 2; SOR/2003-58, s. 4; SOR/2006-86, s. 5. Aircraft Category for Fire Fighting 303.05 (1) An aircraft category for fire fighting set out in column I of an item of the table to this subsection shall be established for an aircraft based on the aircraft overall length set out in column II of the item and the aircraft maximum fuselage width set out in column III of that item. TABLE Column I Column II Item Aircraft Category for Fire Fighting Aircraft Overal less than 9 m at least 9 m bu at least 12 m b at least 18 m b at least 24 m b at least 28 m b at least 39 m b at least 49 m b at least 61 m b at least 76 m Colonne I Colonne II Article Catégorie d’aéronefs — SLIA Longueur hors moins de 9 m au moins 9 m e au moins 12 m au moins 18 m au moins 24 m Current to June 20, 2022 TABLEAU Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division I — General Sections 303.05-303.06 Colonne I Colonne II Article Catégorie d’aéronefs — SLIA Longueur hors au moins 28 m au moins 39 m au moins 49 m au moins 61 m au moins 76 m (2) Where the fuselage width of an aircraft that has an overall length within the range set out in column II of an item of the table to subsection (1) is greater than the aircraft maximum fuselage width set out in column III of the item, the aircraft category for fire fighting for the aircraft shall be one category higher than the category set out in column I of that item. SOR/97-518, s. 2. Statistics on the Number of Passengers and Aircraft Movements 303.06 (1) The operator of an airport or aerodrome shall review, at least once every six months, the statistics in respect of the number of emplaned and deplaned passengers resulting from the Electronic Collection of Air Transportation Statistics project carried out jointly by the Department of Transport and Statistics Canada for the twelve months preceding the date of the review and determine whether the airport or aerodrome qualifies as a designated airport under subsection 303.02(1). (2) The operator of a designated airport shall compile monthly statistics setting out the number of movements by commercial passenger-carrying aircraft in each aircraft category for fire fighting. (3) The operator of a designated airport shall, at least once every six months, review the monthly statistics for the twelve months preceding the date of the review and determine the three consecutive months with the highest total number of movements by commercial passengercarrying aircraft in all aircraft categories for fire fighting. (4) Where the review shows more than one period of three consecutive months having the same total number of movements by commercial passenger-carrying aircraft, the period to be used for the purposes of section 303.07 is Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division I — General Sections 303.06-303.07 (a) the period involving the highest aircraft category for fire fighting; or (b) where those periods involve the same highest aircraft category for fire fighting, the period involving the greatest number of movements in that category. (5) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to cease providing an aircraft fire-fighting service if the operator demonstrates by means of a risk analysis based on Standard CAN/CSA-Q850-97 entitled Risk Management: Guideline for Decision-makers as amended from time to time that the cessation of the aircraft fire-fighting service will not result in an unacceptable risk to aviation safety. (6) If the Minister issues an authorization under subsection (5), the operator of a designated airport shall submit the content of the authorization for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier. (7) The operator of a designated airport shall (a) retain the monthly statistics referred to in subsection (2) for five years after the date of the review; and (b) provide them to the Minister at the Minister’s request. SOR/97-518, s. 2; SOR/2006-86, s. 6. Critical Category for Fire Fighting 303.07 (1) The operator of a designated airport shall determine a critical category for fire fighting for the airport based on the number of movements at the airport during the three-month period determined in accordance with subsection 303.06(3) or (4) by commercial passenger-carrying aircraft in the highest and the next highest aircraft categories for fire fighting. (2) Where, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is 700 or more, the critical category for fire fighting is equivalent to that highest aircraft category for fire fighting. (3) If, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is less than 700, the critical category for fire fighting shall Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division I — General Sections 303.07-303.09 be determined by decreasing the highest aircraft category for fire fighting by one category. (4) If the operator of a designated airport anticipates a period of one or more hours of movements of aircraft of a lower aircraft category for fire fighting only, the operator may reduce the critical category for fire fighting to the highest aircraft category for fire fighting anticipated for that period if the operator (a) documents the anticipated situation; and (b) notifies the appropriate air traffic control unit or flight service station of the reduced critical category for fire fighting for publication in a NOTAM. SOR/97-518, s. 2; SOR/2003-58, s. 5; SOR/2003-42, s. 1; SOR/2006-86, s. 7. Division II — Extinguishing Agents and Aircraft Fire-Fighting Vehicles Extinguishing Agents and Equipment 303.08 The operator of a designated airport or of a participating airport or aerodrome shall provide its aircraft fire-fighting service with both the principal and the complementary extinguishing agents and the equipment delivering the agents that meet the requirements set out in the aircraft fire-fighting standards. SOR/97-518, s. 2. Extinguishing Agent and Aircraft Fire-fighting Vehicle Requirements 303.09 Subject to sections 303.10 and 303.11, the operator of a designated airport or of a participating airport or aerodrome the critical category for fire fighting of which is set out in column I of an item of the table to this section shall provide to the aircraft fire-fighting service at the airport or aerodrome the quantities of water and complementary extinguishing agents set out in columns II and III of the item, and the minimum number of aircraft fire-fighting vehicles set out in column IV of that item necessary to provide the total discharge capacity set out in column V of that item. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division II — Extinguishing Agents and Aircraft Fire-Fighting Vehicles Section 303.09 TABLE Item Column I Column II Colu Critical Category for Fire Fighting Quan Com Extin Quantity of Water Agen (in litres) kilog 1 200 2 400 5 400 7 900 12 100 18 200 24 300 32 300 TABLEAU Colonne I Article Catégorie critique — SLIA Colonne II Colon Quantité d’eau (en litres) Quan extin comp kilogr 1 200 2 400 5 400 7 900 12 100 18 200 24 300 32 300 SOR/97-518, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division II — Extinguishing Agents and Aircraft Fire-Fighting Vehicles Sections 303.10-303.11 Temporary Exemption 303.10 (1) Subject to subsection (2), the operator of a designated airport or of a participating airport or aerodrome does not have to meet the requirements referred to in section 303.09 where those requirements cannot be met because of a personnel shortage or unserviceable equipment at the airport or aerodrome caused by circumstances beyond the control of its operator and a notification of the reduced level of aircraft fire-fighting service at the airport or aerodrome has been given to the appropriate air traffic control unit or flight service station for publication in a NOTAM. (2) When the condition described in subsection (1) continues for seven days or more, the operator of a designated airport shall, no later than seven days after the onset of the condition, (a) establish a plan specifying the corrective measures that are necessary to meet the requirements of section 303.09 and the dates by which those measures shall be taken, which dates shall be as early as practicable given the circumstances; and (b) submit the plan to the Minister. (3) The operator of a designated airport shall implement the submitted plan by the date specified in the plan. SOR/97-518, s. 2. Authorization Respecting Reduced Requirements 303.11 (1) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to meet the requirements set out in the table to section 303.09 for a lower critical category for fire fighting than that established for the airport pursuant to section 303.07 where that operator demonstrates that (a) the critical category for fire fighting was the result of movements by unusually large commercial passenger-carrying aircraft or an unusually high number of movements by commercial passenger-carrying aircraft at the airport and either of these situations is unlikely to be repeated within the next year; or (b) the number of movements by, or the size of, commercial passenger-carrying aircraft at the airport is expected to be altered in a manner that would result in a lower critical category for fire fighting. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division II — Extinguishing Agents and Aircraft Fire-Fighting Vehicles Sections 303.11-303.13 (2) Where a written authorization has been issued pursuant to subsection (1), the operator of the designated airport shall meet the requirements set out in the table to section 303.09 for the lower critical category for fire fighting specified in the authorization and shall ensure that (a) notification of the reduced level of aircraft firefighting service and the period during which the level is reduced is given to the appropriate air traffic control unit or flight service station for publication in the Canada Flight Supplement and in a NOTAM, where the NOTAM is published earlier; (b) procedures are established to restore the level of aircraft fire-fighting service to the previous higher level if the reduction in the number of movements by, or in the size of, commercial passenger-carrying aircraft at the airport is temporary; and (c) the procedures for a reduction in the level of aircraft fire-fighting service and the procedures referred to in paragraph (b) are set out in the airport operations manual. SOR/97-518, s. 2. Adjustment to Higher Requirements 303.12 Where an increase in the number of movements by, or in the size of, commercial passenger-carrying aircraft at a designated airport results in the establishment for the airport of a higher critical category for fire fighting than the previous category, the operator of the airport shall meet the requirements for that higher category as set out in the table to section 303.09 within one year after the date of establishing the higher critical category for fire fighting. SOR/97-518, s. 2. Division III — Personnel Requirements Minimum Personnel 303.13 During the hours of operation of the aircraft fire-fighting service, the operator of a designated airport or of a participating airport or aerodrome shall ensure that trained aircraft fire-fighting personnel are in response posture and in sufficient number to operate the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division III — Personnel Requirements Sections 303.13-303.16 aircraft fire-fighting vehicles and apply the extinguishing agents required by section 303.09. SOR/97-518, s. 2; SOR/2003-58, s. 6. Training of Personnel 303.14 The operator of a designated airport or of a participating airport or aerodrome shall ensure that all personnel assigned to aircraft fire-fighting duties are trained in accordance with the aircraft fire-fighting standards. SOR/97-518, s. 2. Equipment and Protective Clothing 303.15 The operator of a designated airport or of a participating airport or aerodrome shall provide all personnel assigned to aircraft fire-fighting duties with the equipment and protective clothing necessary to perform their duties. SOR/97-518, s. 2. Firefighter Qualifications 303.16 (1) No operator of a designated airport or of a participating airport or aerodrome shall permit a person to act and no person shall act as an aircraft firefighter at the airport or aerodrome unless the person has, within the previous 12 months, successfully completed the training specified in the aircraft fire-fighting standards. (2) The operator of a designated airport or of a participating airport or aerodrome shall (a) maintain, for each aircraft firefighter, a training record containing the information specified in the aircraft fire-fighting standards; (b) preserve the training record for three years after the aircraft firefighter leaves the service of the airport or aerodrome; and (c) at the request of the Minister, provide the Minister with a copy of the training record. SOR/97-518, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division IV — Response Readiness Sections 303.17-303.18 Division IV — Response Readiness Personnel Readiness 303.17 The operator of a designated airport or of a participating airport or aerodrome shall ensure that, during the hours of operation of its aircraft fire-fighting service, of the fire-fighting personnel required to be available pursuant to section 303.13, the number of personnel capable of immediate response is sufficient to meet the requirements of the response test referred to in section 303.18. SOR/97-518, s. 2. Response Test 303.18 (1) The operator of a designated airport or of a participating airport or aerodrome shall carry out a response test to evaluate the response time and effectiveness of the aircraft fire-fighting service required to be maintained during the hours of operation specified in section 303.04 (a) every 12 months; and (b) at any time at the request of the Minister, where the Minister has reasonable grounds to believe that the aircraft fire-fighting service at the airport or aerodrome does not meet the requirements of this Subpart. (2) The operator of a designated airport or of a participating airport or aerodrome shall give the Minister at least four weeks written notice of the date on which a response test is to be carried out. (3) The operator of a designated airport or of a participating airport or aerodrome shall provide the Minister with a copy of the results of a response test within 14 days after the date of the test. (4) A response test at a designated airport or at a participating airport or aerodrome has a satisfactory result if (a) within three minutes after an alarm is sounded, aircraft fire-fighting vehicles in a number sufficient for applying the principal extinguishing agent at 50 per cent of the total discharge capacity required by section 303.09 are dispatched from their assigned position and, under optimum surface and visibility conditions at the airport or aerodrome, reach the midpoint of the farthest runway serving commercial passenger-carrying aircraft, or another predetermined point of comparable distance and terrain; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes Division IV — Response Readiness Sections 303.18-303.20 (b) within four minutes after the alarm is sounded, any other aircraft fire-fighting vehicle required by section 303.09 reaches the location referred to in paragraph (a). (5) The operator of a designated airport or of a participating airport or aerodrome shall record the results of a response test and shall preserve the records for two years after the date of the test. (6) If a response test does not have a satisfactory result, the operator of a designated airport or of a participating airport or aerodrome shall (a) within six hours after the test, identify the deficiencies that caused the result and notify the appropriate air traffic control unit or flight service of the critical category for fire fighting that corresponds to the level of service that can be provided, for publication in a NOTAM; and (b) within seven days after the test, if any deficiency is not corrected, submit a plan to the Minister specifying the measures necessary to obtain a satisfactory result and the dates by which they must be taken, which shall be as early as practicable given the circumstances. (7) The operator of a designated airport or of a participating airport or aerodrome shall implement the submitted plan by the dates specified in the plan. SOR/97-518, s. 2; SOR/2003-58, s. 7; SOR/2003-42, s. 2. Division V — Communication and Alerting System Requirement 303.19 The operator of a designated airport or of a participating airport or aerodrome shall provide a communication and alerting system that meets the aircraft firefighting standards. SOR/97-518, s. 2. Transitional Provisions 303.20 (1) The operator of a designated airport shall Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports SCHEDULE Sections 303.20-305.01 (a) until November 30, 1998, except in respect of aircraft referred to in subsection 303.04(2), maintain the aircraft fire-fighting service that was provided on November 30, 1997; and (b) effective December 1, 1998, meet the requirements for an aircraft fire-fighting service prescribed in subsections 303.03(1) and 303.04(1) and sections 303.07 to 303.19. (2) The operator of a participating airport or aerodrome shall, effective December 1, 1998, meet the requirements for an aircraft fire-fighting service prescribed in subsections 303.03(2) and 303.04(4), sections 303.08 and 303.09, subsection 303.10(1) and sections 303.13 to 303.19. SOR/97-518, s. 2; SOR/98-442, s. 3. SCHEDULE [Repealed, SOR/2006-86, s. 8] Subpart 4 – [Reserved] Subpart 5 – Heliports Division I — General Interpretation 305.01 The following definitions apply in this Subpart. applicable heliport standard means the standard that is applicable to a heliport or to a part of it, or to its administration and operation, as determined under subsection 305.17(1). (norme sur les héliports applicable) FATO means a final approach and take-off area, which consists of a defined area over which the final phase of a helicopter approach manoeuvre to hover or land is completed and from which the take-off manoeuvre is commenced. (FATO) heliport certificate means a certificate issued under section 305.08, 305.11 or 305.12. (certificat d’héliport) heliport closed marking means a marking that meets the requirements of subsection 305.41(1). (marque de zone fermée d’héliport) heliport operations manual or HOM means the manual referred to in sections 305.53 to 305.57 and includes any amendments to the manual that are included under subsection 305.08(4). (manuel d’exploitation d’héliport ou MEH) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division I — General Sections 305.01-305.04 standard 621.19 [Repealed, SOR/2011-285, s. 4] TLOF means a touchdown and lift off area, which consists of a load-bearing area on which a helicopter may touch down or lift off. (TLOF) SOR/2007-87, s. 8; SOR/2011-285, s. 4; SOR/2019-122, s. 2. Application 305.02 (1) Subject to subsection (2), this Subpart applies in respect of the operation of a heliport (a) that is located within a built-up area of a city or town; (b) that is used by an air operator providing a scheduled air service for the purpose of transporting persons; (c) for which an instrument approach procedure to precision limits is established in accordance with the applicable heliport standard; or (d) that is any other heliport in respect of which the issuance of a heliport certificate would be in the public interest and would further the safe operation of the heliport. (2) This Subpart does not apply in respect of a military heliport. SOR/2007-87, s. 8. Requirement to Hold a Heliport Certificate 305.03 A person shall not operate a heliport referred to in subsection 305.02(1) unless a heliport certificate is issued in respect of the heliport. SOR/2007-87, s. 8; SOR/2019-295, s. 8. Eligibility to Hold a Heliport Certificate 305.04 A person is eligible to hold a heliport certificate if they are (a) a citizen of Canada; (b) a permanent resident of Canada; (c) a corporation incorporated under the territorial, provincial or federal laws of Canada; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division I — General Sections 305.04-305.08 (d) a municipal, provincial or federal entity. SOR/2007-87, s. 8. Management Agreement [SOR/2015-160, s. 10(F)] 305.05 No heliport operator shall manage another heliport operator’s heliport unless they are authorized to do so in the heliport operations manual of the other operator’s heliport. SOR/2007-87, s. 8. [305.06 and 305.07 reserved] Division II — Certification Application and Issuance of a Heliport Certificate 305.08 (1) An applicant for a heliport certificate shall (a) submit to the Minister the application; (b) ensure that the heliport meets the certification requirements and criteria set out in these Regulations and the applicable heliport standard; (c) submit to the Minister for approval their copy of a proposed heliport operations manual that describes the manner in which the heliport meets the requirements and criteria referred to in paragraph (b) and the physical specifications of the heliport; and (d) submit to the Minister proof that the applicant has consulted with the local government authority relating to the proposed heliport and adjacent land in accordance with the requirements of the applicable heliport standard. (2) Subject to subsection 6.71(1) of the Act, the Minister shall, after receipt of an application for a heliport certificate, issue the certificate if the applicant demonstrates to the Minister the ability (a) to maintain an organizational structure in accordance with the requirements of their heliport operations manual; (b) to maintain an operation of aviation activities at the heliport that ensures the operational requirements set out in their heliport operations manual are met; and (c) to conduct operations at the heliport in a safe manner. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division II — Certification Sections 305.08-305.10 (3) For the purposes of subsection (2), an applicant shall have (a) an organization capable of exercising heliport operational management; and (b) operational support services and equipment that are in accordance with their heliport operations manual. (4) If a heliport does not meet a requirement set out in the applicable heliport standard, the Minister may specify replacement conditions to be included in the heliport operations manual that relate to the same subject matter as the unmet requirement and that are necessary to achieve a level of safety that is equivalent to the one established by the requirement to protect the public interest and to ensure aviation safety. SOR/2007-87, s. 8; SOR/2015-160, s. 11(F). Contents of a Heliport Certificate 305.09 A heliport certificate shall contain the following information: (a) the certificate number; (b) the name of the heliport; (c) the name of the heliport operator; (d) the signature of the Minister; and (e) the date of issue. SOR/2007-87, s. 8. General Conditions of a Heliport Certificate 305.10 (1) The holder of a heliport certificate shall ensure that the heliport meets the applicable certification criteria set out in these Regulations and in the applicable heliport standard. (2) The holder of a heliport certificate shall (a) maintain the organizational structure referred to in paragraph 305.08(2)(a); and (b) notify the Minister within 10 working days after any change in its legal name, trade name or managerial personnel under paragraph 305.08(3)(a). (3) The holder of a heliport certificate shall conduct operations at the heliport in a safe manner. SOR/2007-87, s. 8. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division II — Certification Sections 305.11-305.12 Transfer of a Heliport Certificate 305.11 The Minister shall approve the transfer of a heliport certificate to a transferee and issue an amended heliport certificate only if (a) the current holder of the heliport certificate notifies the Minister in writing at least 14 days before ceasing to operate the heliport that they will cease to operate the heliport as of the date specified in the notice and of the name of the transferee; (b) the transferee applies in writing to the Minister for the issuance of a new heliport certificate and includes a copy of the transfer notice referred to in paragraph (a) within 14 days before the current holder ceases to operate the heliport; and (c) the requirements set out in section 305.10 are met on the day of transfer and there are no indications that they will not continue to be met. SOR/2007-87, s. 8. Interim Heliport Certificate 305.12 (1) The Minister may issue an interim heliport certificate in writing to the following persons authorizing them to operate a heliport: (a) an applicant referred to in section 305.08, until the day of issuance of the heliport certificate that will be issued to the applicant as soon as the application procedure in respect of the issuance is completed; and (b) a transferee referred to in section 305.11, until the day of issuance of an amended heliport certificate in respect of the heliport that will be issued to the transferee as soon as the application procedure in respect of the transfer is completed. (2) An interim heliport certificate expires on the earlier of (a) the day on which the heliport certificate or the amended heliport certificate is issued, and (b) the day specified in the interim heliport certificate as the day on which it will expire. (3) Except for sections 305.08 and 305.09, this Subpart applies in respect of an interim heliport certificate in the same manner as it applies in respect of a heliport certificate. SOR/2007-87, s. 8. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division II — Certification Section 305.17 [305.13 to 305.16 reserved] Division III — Operator of a Heliport Obligations of an Operator 305.17 (1) The operator of a heliport shall comply with the requirements (a) with respect to the heliport as a whole, the following heliport standards as identified in their heliport operations manual: (i) unless the operator has voluntarily adopted the standard referred to in subparagraph (ii), for heliports in respect of which a heliport certificate was issued before the coming into force of these Regulations, the Heliport and Helideck Standards and Recommended Practices, TP 2586E, and (ii) for any other heliport, standard 325 — Heliport Standards, as they read on the day on which the heliport certificate was issued; (b) with respect to any procedure pertaining to the administration, heliport traffic management, safety and security, emergency response and heliport maintenance, standard 325 — Heliport Standards; and (c) with respect to any replacement or improvement to the heliport since the day on which the heliport certificate was issued, the following heliport standards: (i) for parts or facilities of the heliport that returned to service before the coming into force of these Regulations, the most recent applicable heliport standard for the heliport as identified in their heliport operations manual, and (ii) for parts or facilities of the heliport returned to service on or after the day of coming into force of these Regulations, standard 325 — Heliport Standards, as they read on the day on which the part or facility was returned to service. (2) The operator of a heliport shall (a) review each aeronautical information publication as soon as possible after its issuance and immediately after the review notify the Minister and the provider of aeronautical information services of any inaccurate Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division III — Operator of a Heliport Section 305.17 information contained in the publication that pertains to the heliport that they operate; (b) notify the provider of an aeronautical information publication before any planned change to the heliport, the heliport facilities or the level of service at the heliport that would affect the accuracy of information contained in the publication; (c) ensure that the notification is in accordance with the processes and procedures established by the provider of the aeronautical information services to meet the standards referred to in Part VIII; (d) notify the provider of aeronautical information services of all changes to operational information published in the aeronautical information publications; and (e) notify the Minister in writing of any change in heliport operations within 14 days after the day of the change and take the following measures, as applicable: (i) if a hazardous condition has been identified, have a NOTAM issued identifying the hazard, and (ii) if a change in heliport operations constitutes a change to the provisions identified in the heliport certificate, ensure that the change has been approved by the Minister. (3) Subject to subsection (4), the operator of a heliport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge: (a) any projection by an object through an obstacle limitation surface relating to the heliport; (b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the heliport; (c) any reduction in the level of services at the heliport that are set out in an aeronautical information publication as being provided at the heliport; (d) the closure of any part of the manoeuvring area of the heliport; and (e) any other conditions that could be hazardous to aviation safety at the heliport and against which precautions are warranted. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division III — Operator of a Heliport Sections 305.17-305.19 (4) Where it is not feasible for the operator of a heliport to cause notice of a circumstance referred to in subsection (3) to be received at the appropriate air traffic control unit or flight service station, the operator of the heliport shall give immediate notice directly to the pilots who may be affected by that circumstance. (5) Prior to the use of a heliport for helicopter operations, the operator of the heliport shall remove from the surface of the heliport, or from the surrounding ground over which the operator has control, any vehicle or other obstruction that is likely to be hazardous to aviation safety. SOR/2007-87, s. 8; SOR/2015-160, s. 12. Heliport Operations Manual 305.18 (1) The operator of a heliport shall, as soon as possible after the issuance of the heliport certificate, (a) provide the Minister with their copy of the heliport operations manual as approved under paragraph 305.08(1)(c) and any amendments to the manual approved under paragraph (2)(b); and (b) distribute copies of the applicable portions and amendments to the applicable persons and institutions referred to in the manual. (2) The operator of the heliport shall (a) keep their heliport operations manual up to date; and (b) submit to the Minister for approval any proposed amendment to their heliport operations manual. SOR/2007-87, s. 8; SOR/2015-160, s. 13. Division IV — General Certification Requirements Heliport Classification 305.19 The operator of a heliport shall determine the heliport classification in accordance with standard 325 — Heliport Standards in respect of (a) the classification of non-instrument heliports; and (b) performance requirements of helicopters that are expected to use the heliport. SOR/2007-87, s. 8. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division IV — General Certification Requirements Sections 305.20-305.25 Operational Limits 305.20 The operator of a heliport shall determine, and record in their heliport operations manual, the heliport operational limitations in accordance with the applicable heliport standard with respect to (a) load bearing strength of the TLOF when required by the applicable heliport standard; (b) the maximum helicopter overall length for which each operational area at a heliport is certified; and (c) the heliport classification as specified in paragraph 305.19(a) and category as determined in accordance with the applicable heliport standard. SOR/2007-87, s. 8. Units of Measurement 305.21 Unless otherwise specified in the applicable heliport standard, units of measurement used in this Division and in the heliport operations manual shall use the following rounding rules and specified measurement units: (a) elevations to the nearest foot; (b) linear dimensions to the nearest metre; (c) geographic coordinates in latitude and longitude to the nearest second; (d) geographic coordinates measured in accordance with North American Datum 1983; (e) bearings to the nearest degree; (f) water depths, measured in the specified unit expressed, to the nearest foot or metre; and (g) range of tides or water levels, measured in the specified unit expressed, to the nearest foot or metre. SOR/2007-87, s. 8. [305.22 to 305.24 reserved] Division V — Physical Characteristics 305.25 (1) The operator of a heliport shall ensure that (a) the heliport has at least one FATO; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division V — Physical Characteristics Section 305.25 (b) no FATO is used to accommodate the manoeuvres of more than one helicopter at a time. (2) Subject to subsections (3) to (6), the operator of a heliport shall ensure that the heliport meets the requirements set out in the applicable heliport standard in respect of (a) FATOs; (b) safety areas; (c) rejected take-off areas, if applicable; (d) helicopter clearways, if applicable; (e) TLOFs, if applicable; (f) taxiways as follows, if applicable: (i) air taxiways, (ii) helicopter ground taxiways, (iii) helicopter ground taxiway shoulders, and (iv) helicopter ground taxiway strips; (g) aprons, if applicable; and (h) helicopter parking positions, if applicable. (3) The operator of a surface-level heliport shall ensure that the heliport meets the special requirements for a surface-level heliport set out in the applicable heliport standard in respect of (a) TLOFs; (b) taxiways; and (c) aprons. (4) The operator of an elevated or rooftop heliport shall ensure that the heliport meets the special requirements for an elevated or rooftop heliport set out in the applicable heliport standard in respect of (a) TLOFs; (b) safety nets; and (c) helicopter parking positions. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division V — Physical Characteristics Sections 305.25-305.29 (5) The operator of a heliport located on an aerodrome primarily designed to serve aeroplanes shall ensure that the heliport meets the special requirements for a heliport located on an aerodrome set out in the applicable heliport standard in respect of (a) application of additional standards regarding aerodromes; (b) FATOs; (c) ground taxiway separation distances; (d) taxi-holding positions; (e) aprons; and (f) helicopter parking positions. (6) The operator of an H1 heliport shall ensure that the heliport meets the special requirements for an H1 heliport set out in the applicable heliport standard in respect of FATOs and TLOFs. SOR/2007-87, s. 8. [305.26 to 305.28 reserved] Division VI — Obstacle Limitation Surfaces 305.29 (1) Subject to subsections (2) to (4), the operator of a heliport shall establish the following obstacle limitation surfaces in accordance with the applicable heliport standard for a non-instrument, non-precision or precision FATO and meet the special requirements for the surfaces and any obstacles that may affect them, set out in the applicable heliport standard: (a) approach surfaces; (b) take-off surfaces; and (c) transitional surfaces. (2) The operator of an H1 heliport shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for non-instrument FATOs set out in the applicable heliport standard for an H1 heliport in respect of approach or take-off surfaces. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division VI — Obstacle Limitation Surfaces Sections 305.29-305.31 (3) The operator of an H1 heliport shall conduct a survey of the approach and take-off surface to determine obstacle information and submit a copy to the Minister at the time of the initial heliport certification and after that at least once every five years, unless no new obstacle has been established in the approach and take-off surface during the five-year period and a report to that effect is made to the Minister. (4) The operator of an H2 heliport shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for non-instrument FATOs set out in the applicable heliport standard for an H2 heliport in respect of approach or take-off surfaces. (5) The operator of a heliport equipped with an instrument FATO shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for instrument FATOs set out in the applicable heliport standard. SOR/2007-87, s. 8. [305.30 reserved] Division VII — Visual Aids for Air Navigation 305.31 (1) The operator of a heliport shall equip the heliport with at least one wind direction indicator and meet the requirements for wind direction indicators set out in the applicable heliport standard. (2) The operator of a heliport shall meet the requirements for heliport markings set out in the applicable heliport standard in respect of (a) heliport identification marking; (b) in the case of a hospital heliport, hospital heliport identification marking; (c) an aiming point marking for each FATO; (d) FATO edge marking; (e) a FATO designation marking for each FATO; (f) a FATO centre line marking for each FATO; (g) approach and take-off direction indicator marking; (h) a TLOF edge marking for each TLOF; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division VII — Visual Aids for Air Navigation Sections 305.31-305.33 (i) the maximum allowable helicopter weight marking for each TLOF; (j) the following taxiway markings: (i) taxiway centre line marking, (ii) taxiway holding position marking, and (iii) taxiway edge marking; (k) where the apron edge is not easily identifiable, an apron edge marking; (l) where a helicopter parking position is provided, a helicopter parking position marking; (m) where a helicopter parking position is provided and helicopters are required to have a specific alignment on the parking position, an alignment marking; (n) where a helicopter parking position is not large enough for the largest helicopter for which the heliport is designed or where the size of the parking position is limited by the minimum separation requirement to an obstacle or an adjacent parking position, a helicopter parking position information marking; and (o) where passengers are required to walk on a specific path on an apron between a helicopter parking position and the passenger terminal, an apron passenger path marking. SOR/2007-87, s. 8; SOR/2015-160, s. 14(F). [305.32 reserved] Division VIII — Lights 305.33 (1) The operator of a heliport shall extinguish, screen or otherwise modify a ground light, other than an aeronautical ground light, that may cause confusion to heliport users within the heliport boundary or other spaces within the boundaries of the control of the heliport operator. (2) The operator of a heliport shall meet the requirements set out in the applicable heliport standard in respect of the installation of (a) elevated approach lights; (b) elevated lights for operational areas; (c) inset lights; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division VIII — Lights Section 305.33 (d) light intensity and control; and (e) a heliport beacon. (3) The operator of a heliport equipped with a non-instrument FATO that is certified to be available for use at night shall provide an approach and take-off direction light that meets the requirements set out in the applicable heliport standard where (a) at least one approach and departure path is required to be indicated to pilots; or (b) obstacle clearance, noise abatement or air traffic control procedures require that a specific direction be flown. (4) The operator of a heliport shall provide a visual approach slope indicator system that meets the requirements set out in the applicable heliport standard where (a) there are inadequate visual references; (b) obstacle clearance, noise abatement or air traffic control procedures require that a particular slope be flown; or (c) the surrounding terrain may produce misleading information. (5) Where a heliport approach path indicator or an abbreviated heliport approach path indicator is provided at a heliport, the visual approach slope indicator system shall meet the general design requirements and specific requirements set out in the applicable heliport standard. (6) The operator of a heliport shall monitor the visual approach slope indicator system provided at a heliport in accordance with the requirements of the applicable heliport standard. (7) Where a visual approach slope indicator system is provided, the operator of a heliport shall provide an obstacle protection surface (OPS) in accordance with the applicable heliport standard. (8) The operator of a heliport shall provide FATO lights that meet the requirements of the applicable heliport standard for Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division VIII — Lights Section 305.33 (a) a surface-level heliport unless the FATO and the TLOF are coincidental or the extent of the FATO is conspicuous; (b) an instrument FATO; and (c) where an illuminated TLOF is not provided, a FATO that is certified to be available for use at night unless the FATO edge marking is clearly visible to heliport users by means of external floodlighting. (9) Where a TLOF is not located within a FATO that is certified to be available for use at night, the operator of a heliport shall ensure the aiming point is illuminated in accordance with the applicable heliport standard. (10) The operator of a heliport shall provide TLOF lights consisting of perimeter lights, floodlights or luminescent panels for a TLOF that is certified to be available for use at night and, if the perimeter of the TLOF is not coincidental with that of the FATO, in accordance with the requirements of the applicable heliport standard. (11) Where a rejected take-off area is established for a surface-level heliport that is certified to be available for use at night, the operator of a heliport shall provide in that area rejected take-off area lights in accordance with the requirements of the applicable heliport standard. (12) The operator of a heliport shall provide taxiway centre line lights in accordance with the requirements of the applicable heliport standard for a taxiway that is used in runway visual range conditions of less than 1200 feet or in conditions of ground visibility of less than onequarter statute mile. (13) The operator of a heliport shall provide taxiway edge lights in accordance with the requirements of the applicable heliport standard for a taxiway that is available at a heliport that is certified to be available for use at night and that is not provided with taxiway centre line lights. (14) Where an apron is available at a heliport that is certified to be available for use at night, the operator of the heliport shall provide apron edge lights, retro-reflective edge markers or apron floodlighting in accordance with the requirements of the applicable heliport standard. SOR/2007-87, s. 8; SOR/2015-160, s. 15; SOR/2019-119, s. 10. [305.34 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division IX — Markers Sections 305.35-305.37 Division IX — Markers 305.35 (1) The operator of a heliport shall ensure that the markers installed at the heliport are either flush mounted or lightweight and frangibly mounted and in accordance with the requirements of the applicable heliport standard. (2) The operator of a heliport shall provide FATO markers where (a) a FATO edge marking is not provided; and (b) the extent of the FATO and the adjacent ground is not conspicuous. (3) The operator of a heliport shall provide ground taxiway edge markers in accordance with the requirements of the applicable heliport standard if the helicopters must travel along a ground taxiway to or from a FATO to an apron, unless (a) the edges of the taxiway are conspicuous; (b) taxiway centre line lights are provided; (c) taxiway edge lights are provided; or (d) taxiway centre line markers are provided. (4) The operator of a heliport shall provide air taxiway markers if the helicopters must travel by air to or from a FATO to an apron via a specific corridor in accordance with the applicable heliport standard. SOR/2007-87, s. 8; SOR/2015-160, s. 16. [305.36 reserved] Division X — Visual Aids for Denoting Obstacles Requirements for Marking or Lighting Obstacles 305.37 (1) Subject to subsection (4), the operator of a heliport shall ensure that obstacles, other than aircraft, on the movement, manoeuvring and safety areas of the heliport are marked and lighted as follows: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division X — Visual Aids for Denoting Obstacles Section 305.37 (a) vehicles and other mobile obstacles on the movement area shall be marked so as to be visible to pilots during aircraft operations; (b) where the heliport is used at night or in conditions of low visibility, vehicles and other mobile obstacles on the manoeuvring area shall be lighted; (c) elevated aeronautical ground lights on the movement area shall be marked so as to be conspicuous by day; and (d) in accordance with the applicable heliport standard, a fixed obstacle located on the safety area shall be (i) marked, and (ii) where the heliport is certified to be available for use at night, lighted. (2) The operator of a heliport shall mark and, if the heliport is certified to be available for use at night, light fixed obstacles located within the area identified in the applicable heliport standard, except where the obstacle is (a) shielded by another fixed obstacle that is marked in accordance with Standard 621; (b) conspicuous by reason of its shape, dimensions or colour; (c) identified in an aeronautical evaluation as being sufficiently lit by ambient light at night; or (d) not more than 150 m above the adjacent ground and lighted in accordance with Standard 621. (3) The operator of a heliport where a fixed obstacle that is more than 150 m above the surrounding ground is located within the area identified in the applicable heliport standard shall (a) light the obstacle by high-intensity obstacle lights by day in accordance with Standard 621; or (b) mark the obstacle in accordance with the applicable heliport standard. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division X — Visual Aids for Denoting Obstacles Sections 305.37-305.39 (4) The operator of a heliport shall mark an elevated obstacle on the helicopter ground taxiway strips and, where the heliport is certified to be available for use at night, light the obstacle. (5) The operator of a heliport shall mark and, if applicable, light an obstacle referred to in subsection (2) unless an aeronautical evaluation determines that (a) the obstacle is conspicuous by reason of its shape, dimensions or colour; or (b) retro-reflective tape or markers are sufficiently conspicuous to be used instead of lights. SOR/2007-87, s. 8; SOR/2011-285, s. 7; SOR/2015-160, s. 17; SOR/2019-119, s. 11(E). Marking Obstacles 305.38 (1) The operator of a heliport shall ensure that a fixed obstacle or a mobile obstacle on the heliport is marked in accordance with the requirements of the applicable heliport standard. (2) Obstacles required to be marked shall, in accordance with Standard 621, be (a) coloured; (b) marked by markers; or (c) marked by flags. SOR/2007-87, s. 8; SOR/2011-285, s. 7. Lighting Obstacles 305.39 (1) The operator of a heliport shall light a fixed obstacle in accordance with Standard 621. (2) The operator of a heliport shall ensure that maintenance and service vehicles in use display lights in accordance with the requirements of the applicable heliport standard. (3) The operator of a heliport shall ensure that emergency vehicles in use that are required to be lighted display the lights specified in the applicable heliport standard. SOR/2007-87, s. 8; SOR/2011-285, s. 7. [305.40 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XI — Visual Aids for Denoting Restricted Use Areas Section 305.41 Division XI — Visual Aids for Denoting Restricted Use Areas 305.41 (1) When a FATO, helicopter parking position, taxiway, or any part of those areas is permanently closed, the operator of a heliport shall display a closed marking on the area that meets the requirements of the applicable heliport standard. (2) When an area of a heliport is temporarily closed or an area is snow-covered, the heliport operator shall ensure that (a) notice of the closure is (i) included in the Canada Flight Supplement, or (ii) reported in a NOTAM; or (b) a closed marking referred to in subsection (1) is displayed on the affected area. (3) The operator of a heliport shall ensure that non-loadbearing surfaces adjacent to a FATO, helicopter parking position or taxiway that cannot be visually distinguished from load-bearing surfaces are marked as set out in the applicable heliport standard. (4) The operator of a heliport shall ensure that unserviceability markers consisting of flags, cones or marker boards that meet the requirements of the applicable heliport standard and are positioned in conformity with that standard are displayed on any part of a taxiway or apron that is unfit for the movement of aircraft. (5) The operator of a heliport shall ensure that unserviceability lights that meet the requirements of the applicable heliport standard are displayed in conformity with that standard wherever any portion of a taxiway or apron at a heliport that is certified to be available for use at night is unfit for the movement of aircraft. SOR/2007-87, s. 8. [305.42 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XII — Equipment and Installations Section 305.43 Division XII — Equipment and Installations 305.43 (1) The operator of a heliport shall ensure that the lights of a visual approach slope indicator system, when required and installed as specified in subsection 305.33(4), are aligned by means of (a) a daily inspection of alignment and, if necessary, a correction of any misalignment of more than 3 minutes of arc; or (b) an automatic shut-off switch installed in the system. (2) The operator of a heliport shall ensure that a fence or other barrier is installed on the heliport and that the fence or other barrier meets the requirements of the applicable heliport standard. (3) The operator of a heliport or a person under the operator’s authority shall direct any vehicle that is operated on an apron or manoeuvring area of the heliport or, in the case of a vehicle in a manoeuvring area, shall ensure that the vehicle’s operation is under the direction of the air traffic services unit or the heliport operator or a person working under their authority, in accordance with the requirements of the applicable heliport standard. (4) The operator of the heliport shall ensure that the drivers of vehicles on an apron or manoeuvring area are trained for the tasks to be performed and that they know they must comply with instructions issued by the air traffic services unit or the heliport operator or a person working under their authority. (5) The operator of a heliport shall ensure that equipment required for air navigation purposes that is located on a safety area, a taxiway strip or within the separation distances specified in the applicable heliport standard is located, constructed and installed in accordance with that standard. (6) The operator of a heliport shall ensure that visual aids, precision approach FATO lights and centre line lights on a taxiway are maintained in accordance with the applicable heliport standard. SOR/2007-87, s. 8. [305.44 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XIII — Emergency and Other Services Section 305.45 Division XIII — Emergency and Other Services Emergency Response Plan 305.45 (1) The operator of a heliport shall develop and have available a heliport emergency response plan at the heliport. (2) The operator of a heliport shall identify in the emergency response plan those organizations that are capable of providing assistance in responding to an emergency at the heliport or in its vicinity. (3) The operator of a heliport shall specify in the emergency response plan the procedures to be followed for (a) an aircraft crash or other accident within the heliport perimeter; (b) an aircraft crash outside the heliport perimeter; and (c) any medical emergency. (4) Where an approach and departure path at a heliport is located over water, the operator of the heliport shall specify in the emergency response plan (a) the organization that is responsible for co-ordinating rescue in the event of an aircraft ditching; and (b) how to contact that organization. (5) The operator of a heliport shall include in the emergency response plan the information required in accordance with standard 325 — Heliport Standards. (6) The operator of a heliport shall consult with all organizations identified in the emergency response plan concerning their role in it. (7) The operator of a heliport shall annually review the emergency response plan and update the information. (8) The operator of a heliport that provides a scheduled service for the transport of passengers shall carry out a test of the emergency response plan at intervals not exceeding three years. SOR/2007-87, s. 8. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XIII — Emergency and Other Services Sections 305.46-305.49 Fire Protection Services 305.46 (1) The operator of a surface-level heliport or of a heliport over a parking garage or on an elevated structure that is not an occupied building shall ensure that fire protection services are provided at the heliport and that those services and the fire resistance of the structure meets the requirements of the applicable heliport standard. (2) The operator of a rooftop heliport shall ensure that fire protection services are provided at the heliport and that those services and the fire resistance of the structure meets the requirements of the applicable heliport standard. SOR/2007-87, s. 8. Extinguishing Agents and Equipment 305.47 The operator of a heliport shall (a) determine the requirements for extinguishing agents and equipment used for fire protection at the heliport based on the longest dimension helicopter for which the heliport has been certified; (b) ensure that the agents and equipment are in accordance with the applicable heliport standard; and (c) provide a fire extinguisher or fire fighting system that is protected from freezing. SOR/2007-87, s. 8. Safety Personnel for Rooftop Heliport 305.48 The operator of a rooftop heliport shall ensure that a minimum of one trained safety person is in attendance during helicopter operations. SOR/2007-87, s. 8. Training for Safety Personnel 305.49 The operator of a heliport shall provide initial and refresher training to safety personnel provided at the heliport in accordance with the applicable heliport standard. SOR/2007-87, s. 8. [305.50 to 305.52 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XIV — Heliport Operations Manual Sections 305.53-305.54 Division XIV — Heliport Operations Manual General 305.53 (1) The provisions of this Subpart that specify the procedures for making a heliport operations manual also apply in respect of any amendment to the manual. (2) The operator of a heliport shall set out in the heliport operations manual (a) the heliport certification standards that were met for issuance of the heliport certificate; and (b) the level and types of services to be provided by the operator of the heliport. (3) [Repealed, SOR/2019-295, s. 9] SOR/2007-87, s. 8; SOR/2019-295, s. 9. Heliport Data 305.54 (1) The operator of a heliport shall determine and record in the heliport operations manual, the following data in respect of the heliport in accordance with the applicable heliport standard: (a) geographic coordinates for (i) the heliport reference point if (A) the heliport is not located on an aerodrome that already has a reference point, and (B) the heliport operator intends to have a zoning regulation made under the Aeronautics Act, (ii) the heliport geometric centre, (iii) the FATO coordinates, (iv) the heliport elevation, (v) the heliport magnetic variation, and (vi) where installed, the electronic navigation aids; and (b) information in respect of (i) the heliport type, (ii) the dimensions, slope and surface type of all TLOFs, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XIV — Heliport Operations Manual Sections 305.54-305.55 (iii) the length, width, slope, category, surface type and designation number of all FATOs, (iv) the length, width and surface type of all safety areas, (v) the designation, width and surface type of helicopter ground and air taxiways, (vi) the apron surface type and description of helicopter parking positions, and (vii) the declared distances for (A) take-off distance available, (B) rejected take-off distance available, and (C) landing distance available. (2) The operator of a heliport shall ensure that a heliport geometric centre is redetermined and recorded in the manual if the physical characteristics of the heliport change because (a) an existing FATO is closed; (b) the boundaries of an existing FATO are altered; or (c) a new FATO is constructed. (3) The operator of a heliport shall report the heliport data specified in paragraph (1)(a) to the Aeronautical Information Services of NAV Canada within 14 days after the Minister’s approval of certification. SOR/2007-87, s. 8. Administration 305.55 The operator of a heliport shall ensure that the heliport operations manual contains (a) a table of contents; and (b) information relating to the administration of the heliport including but not limited to (i) a copy of any amendments to the manual and the page numbers affected, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XIV — Heliport Operations Manual Sections 305.55-305.57 (ii) a list of holders of copies of the manual or of portions of it, (iii) a description of a procedure for amending the manual, (iv) a description of the organizational structure of the heliport management, (v) a description of the operational procedures of the heliport, (vi) a declaration, signed and dated by the operator, in which they agree to fulfill the obligations of the operator referred to in section 305.17, (vii) a statement, signed and dated by the operator, certifying that their heliport operations manual is complete and accurate, and that the operator agrees to comply with all of the conditions and specifications set out in it, (viii) a statement, signed by the Minister, that the heliport operations manual and any amendments to it have been approved, (ix) a copy of any agreement or memorandum of understanding that affects the operation of the heliport, including the provision of emergency services at the heliport, and (x) the information necessary to verify that the heliport meets the applicable heliport standard. SOR/2007-87, s. 8; SOR/2015-160, s. 18(F). 305.56 The operator of a heliport shall ensure that their heliport operations manual sets out the information specified in subsection 305.25(1). SOR/2007-87, s. 8. 305.57 The operator of a heliport shall ensure that the following are provided in accordance with the applicable heliport standard and recorded in their heliport operations manual: (a) the applicable physical characteristics set out in section 305.25; (b) the obstacle limitation surfaces set out in section 305.29; (c) the visual aids for navigation set out in section 305.31; (d) the lighting or marking of obstacles set out in section 305.37; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 5 – Heliports Division XIV — Heliport Operations Manual Sections 305.57-307.02 (e) the visual aids utilized for denoting restricted use areas set out in section 305.41; (f) the equipment and installations set out in section 305.43; and (g) the emergency response plan set out in section 305.45. SOR/2007-87, s. 8. [305.58 to 305.67 reserved] Subpart 6 – [Reserved] Subpart 7 — Aerodromes — Consultations Interpretation 307.01 The following definitions apply in this Subpart. aerodrome work means work, other than work necessary to comply with a new requirement imposed by or under the Act, carried out for any of the following purposes: (a) building a new aerodrome; or (b) at an existing aerodrome, (i) building a new runway for aeroplanes, or (ii) increasing the length of an existing runway for aeroplanes by more than 100 m or 10%, whichever is greater. (travaux d’aérodrome) proponent means a person who proposes to carry out aerodrome work. (promoteur) protected area means a natural area or habitat that is protected by or under federal legislation. (aire protégée) SOR/2016-261, s. 3; SOR/2019-119, s. 12. Application 307.02 This Subpart applies to existing and proposed aerodromes that are not (a) military aerodromes; (b) water aerodromes; (c) aerodromes that are used primarily for agricultural operations; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 7 — Aerodromes — Consultations Application Sections 307.02-307.04 (d) aerodromes, including heliports, that are used primarily for helicopter operations; and (e) aerodromes that are used as temporary installations for the purpose of providing emergency services, such as forest fire suppression, law enforcement activities, and search and rescue operations, and responding to a medical emergency. SOR/2016-261, s. 3. Requirement — Consultations 307.03 The proponent shall consult with the interested parties in accordance with the requirements of this Subpart. SOR/2016-261, s. 3. Interested Parties 307.04 (1) For the purposes of this Subpart, the interested parties are the following: (a) if a built-up area of a city or town is located within a radius of 4 000 m from the location of the proposed aerodrome work, (i) the Minister, (ii) the providers of air navigation services, (iii) the operator of a certified or registered aerodrome located within a radius of 30 nautical miles from the location of the proposed aerodrome work, (iv) the authority responsible for a protected area located within the radius of 4 000 m from the location of the proposed aerodrome work, (v) any local land use authority where the proposed aerodrome work is to be carried out, and (vi) members of the public who are within the radius of 4 000 m from the location of the proposed aerodrome work; or (b) in any other case, (i) the Minister, (ii) the providers of air navigation services, (iii) the operator of a certified or registered aerodrome located within a radius of 30 nautical miles from the location of the proposed aerodrome work, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 7 — Aerodromes — Consultations Interested Parties Sections 307.04-307.06 (iv) the authority responsible for a protected area located within a radius of 4 000 m from the location of the proposed aerodrome work, (v) any local land use authority where the proposed aerodrome work is to be carried out, and (vi) the owner of any land bordering the land on which the proposed aerodrome work is to be carried out. (2) For the purposes of subsection (1), the radius of 4 000 m from the location of the proposed aerodrome work shall be measured from the outer perimeter of the site of that location. SOR/2016-261, s. 3. Notice and Sign 307.05 The proponent shall, at least 75 days before the expected start date of the proposed aerodrome work, (a) provide a notice of the proposed aerodrome work to the interested parties referred to in subparagraphs 307.04(1)(a)(i) to (v) or paragraph 307.04(1)(b), as applicable; and (b) in the case referred to in paragraph 307.04(1)(a), place a sign, in plain view of the public, at the location where the proposed aerodrome work is to be carried out. SOR/2016-261, s. 3. Content of Notice and Sign 307.06 The proponent shall include the following information on the notice and the sign: (a) a drawing showing the location of the proposed aerodrome work; (b) a description of the proposed aerodrome work and its purpose; (c) the expected start date and completion date of the proposed aerodrome work; (d) a statement that the interested parties may provide their comments or objections to the proponent with respect to the proposed aerodrome work; (e) contact information, including the mailing address, phone number and email address, for the contact persons to whom the interested parties may provide their comments or objections; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 7 — Aerodromes — Consultations Content of Notice and Sign Sections 307.06-307.10 (f) the period, which shall be at least 45 days, during which the interested parties may provide their comments or objections. SOR/2016-261, s. 3. Summary Report 307.07 At the end of the period referred to in paragraph 307.06(f), the proponent shall prepare a summary report that includes the following: (a) a description of the proposed aerodrome work; (b) a description of the measures taken by the proponent to comply with the requirements of this Subpart; (c) the interested parties who were notified of the proposed aerodrome work; and (d) a summary of the comments and objections received, the actions that the proponent proposes to take to address those comments and objections, and any objections that were not addressed, if applicable. SOR/2016-261, s. 3. Communication of Summary Report 307.08 The proponent shall, as soon as practicable after the end of the period referred to in paragraph 307.06(f), provide the summary report to the Minister and make it available to the interested parties. SOR/2016-261, s. 3. Availability of Summary Report 307.09 The proponent shall ensure that the summary report is available to the interested parties for at least five years after the date on which it is made available to them. SOR/2016-261, s. 3. Start of Aerodrome Work 307.10 (1) The proponent shall not start the proposed aerodrome work before the end of 30 days after the date on which the summary report is provided to the Minister. (2) If the proponent does not start the proposed aerodrome work within five years after the date on which the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part III — Aerodromes, Airports and Heliports Subpart 7 — Aerodromes — Consultations Start of Aerodrome Work Sections 307.10-400.01 summary report is provided to the Minister, the proponent shall once again comply with the requirements of this Subpart. SOR/2016-261, s. 3. SUBPART 8 [Repealed, SOR/2006-86, s. 9] 308.01 [Repealed, SOR/2006-86, s. 9] 308.02 [Repealed, SOR/2006-86, s. 9] 308.03 [Repealed, SOR/2006-86, s. 9] 308.04 [Repealed, SOR/2006-86, s. 9] 308.05 [Repealed, SOR/2006-86, s. 9] 308.06 [Repealed, SOR/2006-86, s. 9] 308.07 [Repealed, SOR/2006-86, s. 9] 308.08 [Repealed, SOR/2006-86, s. 9] 308.09 [Repealed, SOR/2006-86, s. 9] 308.10 [Repealed, SOR/2006-86, s. 9] 308.12 [Repealed, SOR/2006-86, s. 9] 308.13 [Repealed, SOR/2006-86, s. 9] 308.14 [Repealed, SOR/2006-86, s. 9] 308.15 [Repealed, SOR/2006-86, s. 9] 308.16 [Repealed, SOR/2006-86, s. 9] 308.17 [Repealed, SOR/2006-86, s. 9] Part IV — Personnel Licensing and Training Division I — General Interpretation 400.01 (1) In this Part, aerobatic manoeuvre [Repealed, SOR/2001-49, s. 1] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division I — General Interpretation Section 400.01 aeroplane does not include an ultra-light aeroplane; (avion) aviation document booklet means a booklet issued by the Minister in which certain documents issued under this Part can be affixed. (carnet de documents d’aviation) balloon includes any lighter-than-air aircraft; (ballon) booklet label means a label that is intended to be affixed in an aviation document booklet. (étiquette de carnet) complex aeroplane means an aeroplane that has flaps and a constant-speed propeller and, except in the case of a seaplane, retractable landing gear; (avion complexe) dual instruction flight time means the flight time during which a person is receiving flight instruction from a person qualified in accordance with section 425.21 of Standard 425 — Flight Training; (temps d’instruction de vol en double commande) employed on a full-time basis means working for a flight training unit on a continuous basis for at least the number of hours required to carry out the duties of the position intended to ensure the safe operation of the flight training service; (employé à temps plein) examination means any written examination or written practical qualifications examination required by the personnel licensing standards for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating; (examen) flight following [Repealed, SOR/2014-131, s. 8] flight instructor experience with respect to the experience requirements for a flight instructor rating for an aeroplane or helicopter, means the flight time accumulated in an aeroplane or helicopter (a) by a holder of a flight instructor rating while providing dual flight instruction to applicants for (i) a pilot permit — recreational, (ii) a private or commercial pilot licence, or (iii) a night rating, VFR OTT rating, flight instructor rating — aeroplane, flight instructor rating — helicopter or flight instructor rating — aeroplane — aerobatic, (b) by a holder of a foreign flight instructor rating issued by a contracting state, while providing dual flight instruction to an applicant for a permit, licence or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division I — General Interpretation Section 400.01 rating equivalent to one of those referred to in paragraph (a), and (c) by a Canadian Armed Forces qualified flying instructor while providing dual flight instruction to persons undergoing initial flight training in the Canadian Armed Forces; (expérience d’instructeur de vol) flight watch [Repealed, SOR/2014-131, s. 8] foreign licence validation certificate means a certificate issued by the Minister pursuant to subsection 401.07(1); (certificat de validation de licence étrangère) glider includes a powered glider; (planeur) ground school instruction means classroom-type instruction generally given to one or more persons and covering an organized program of lectures, homework or self-paced study that adheres to an approved training program; (instruction théorique au sol) high-performance aeroplane, with respect to a rating, means (a) an aeroplane that is specified in the minimum flight crew document as requiring only one pilot and that has a maximum speed (Vne) of 250 KIAS or greater or a stall speed (Vso) of 80 KIAS or greater, or (b) an amateur-built aeroplane that has a wing loading greater than that specified in section 549.103 of the Airworthiness Manual; (avion à hautes performances) instrument time [Repealed, SOR/2014-131, s. 8] integrated course means a course of pilot training developed using the principles of instructional systems design, in which all instructional stages are completed as one continuous course and the flight training elements are interrelated and sequenced to provide for the efficient achievement of the learning objectives; (cours intégré) invigilator means a person who is designated by the Minister to supervise a written examination; (surveillant) main base means a location at which a flight training unit has personnel, aircraft and facilities for the operation of a flight training service and that is established as the principal place of business of the flight training unit; (base principale) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division I — General Interpretation Section 400.01 minimum flight crew document means a document, issued by the Minister, a contracting state or an aircraft manufacturer, that relates to an aircraft and that specifies the number of pilots required to operate the aircraft; (document relatif à l’équipage de conduite minimal) operational control means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight; (contrôle d’exploitation) operations specifications, in respect of a flight training unit, means the operations specifications set out in a flight training unit operator certificate, and includes any amendment to the conditions of operation; (spécifications d’exploitation) pilot’s self-dispatch [Repealed, SOR/2014-131, s. 8] pre-flight briefing means a one-to-one practical briefing that is conducted just prior to a training flight for the purpose of ensuring that the trainee understands exactly what will take place during the flight; (exposé avant vol) preparatory ground instruction means classroom-type instruction, generally on a one-to-one basis but not excluding group instruction, that is based on lesson plans contained in or developed from the applicable flight instructor guide; (instruction au sol avant vol) satellite base means a location at which a flight training unit has personnel, aircraft and facilities for the operation of a flight training service on a temporary basis; (base satellite) solo flight time means, with respect to the flight time necessary to acquire a permit, licence or rating, (a) in the case of a pilot, the flight time during which the pilot is the sole flight crew member, and (b) in the case of a student pilot permit holder, the flight time during which the holder is the sole occupant of an aircraft while under the direction and supervision of the holder of an instructor rating for the appropriate category of aircraft; (temps de vol en solo) sub-base means a location at which a flight training unit positions aircraft and personnel and from which operational control is exercised in accordance with the flight training operations manual and operational control system; (base secondaire) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division I — General Interpretation Sections 400.01-400.02 training flight means a dual instruction flight or a solo practice flight that is conducted under the direction and supervision of a flight instructor; (vol d’entraînement) ultra-light aeroplane includes a powered parachute and a powered para-glider. (avion ultra-léger) (2) Any reference in this Part to a permit, licence, rating or foreign licence validation certificate is a reference to a valid Canadian permit, licence, rating or foreign licence validation certificate. (3) Any reference in this Part to “military” is a reference to the Canadian Armed Forces. SOR/2001-49, s. 1; SOR/2003-129, s. 2; SOR/2005-320, s. 1; SOR/2006-352, s. 4; SOR/ 2010-26, s. 2; SOR/2014-131, s. 8; SOR/2019-119, s. 47; SOR/2020-151, s. 4; SOR/ 2021-152, s. 18. Exception — Remotely Piloted Aircraft Systems 400.01.1 This Part does not apply in respect of the issuance of a permit, licence or rating in respect of the operation of remotely piloted aircraft systems that include remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less. SOR/2019-11, s. 10. Division II — Examinations Examination Rules 400.02 (1) Except as authorized by an invigilator, no person shall, or shall attempt to, in respect of an examination, (a) copy or remove from any place all or any portion of the text of the examination; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division II — Examinations Examination Rules Sections 400.02-400.03 (b) give to or accept from any person a copy of all or any portion of the text of the examination; (c) give help to or accept help from any person during the examination; (d) complete all or any portion of the examination on behalf of any other person; or (e) use any aid or written material during the examination. (2) A person who commits an act prohibited under subsection (1) fails the examination and may not take any other examination for a period of one year. (3) A person who uses a hand-held calculator during an examination shall use a hand-held calculator whose memory is cleared before and after the examination in the presence of the invigilator. (4) A person who uses a hand-held electronic computer during an examination shall use a hand-held electronic computer (a) that has been specifically designed for flight operations; (b) that has been approved by the Minister for examination purposes; and (c) whose memory is cleared before and after the examination in the presence of the invigilator. SOR/2005-320, s. 2; SOR/2020-151, s. 5. Time Limits 400.03 (1) Subject to subsection (3), written examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24-month period preceding the date of the application for the permit, licence or rating. (2) Subsection (1) does not apply in respect of examinations that are required for the issuance of (a) a student pilot permit; or (b) an airline transport pilot licence if examinations were previously written (i) for the endorsement of a type rating, a mark of 70 per cent or higher was obtained on the examination and the type rating was issued; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division II — Examinations Time Limits Sections 400.03-400.04 (ii) for the issuance of the former senior commercial pilot licence, a mark of 70 per cent or higher was obtained on the examination and the senior commercial pilot licence was issued; or (iii) for the issuance of an airline transport pilot licence — aeroplane, an airline transport pilot licence — aeroplane integrated course was successfully completed during the 5-year period preceding the date of the application for the licence and a course completion certificate was issued. (3) The regulatory requirements examination referred to in subsection 566.03(5) of Standard 566 — Aircraft Maintenance Engineer Licensing and Training that is required for the issuance of an aircraft maintenance engineer (AME) licence shall be completed during the 12month period immediately following the date on which the application for the licence is accepted by the Minister. SOR/2001-49, s. 2; SOR/2003-154, s. 2; SOR/2006-352, s. 5; SOR/2011-284, s. 2. Rewriting of Examinations 400.04 (1) Subject to subsections (2) and (6), a person who fails an examination or a section of a sectionalized examination required for the issuance of a flight crew permit, licence, rating or foreign licence validation certificate is ineligible to rewrite the examination or the failed section for a period of (a) in the case of a first failure, 14 days; (b) in the case of a second failure, 30 days; and (c) in the case of a third or subsequent failure, 30 days plus an additional 30 days for each failure in excess of two failures, up to a maximum of 180 days. (2) A person who fails the Student Pilot Permit or Private Pilot Licence for Foreign and Military Applicants, Aviation Regulations (PSTAR) examination is eligible to rewrite the examination at any time after the person has received notice of the failure and has reviewed their weak knowledge areas. (3) A person who fails an examination required for the issuance of an aircraft maintenance engineer (AME) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division II — Examinations Rewriting of Examinations Sections 400.04-400.05 licence or rating is eligible to rewrite the examination in accordance with the criteria specified in Chapter 566 of the Airworthiness Manual. (4) A person who passes a sectionalized examination but fails one or more sections of that examination shall rewrite the failed section or sections in one sitting. (5) Where a person requests to rewrite an examination, the Minister shall inform the person in writing of the date on which the person may rewrite the examination and whether the person is required to provide evidence of further study or instruction before rewriting the examination. (6) If a person submits a request to the Minister to shorten the period between examination attempts, the Minister shall grant the request on receipt of confirmation that the person has reviewed their weak knowledge areas. SOR/2001-49, s. 3. Division III — Flight Training Service Authorization to Operate Flight Training Service Under CUSMA [SOR/2020-150, s. 2] 400.05 (1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a flight training service in Canada in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Personnel Licensing and Training Standards respecting Flight Training Units. (2) Subject to section 6.71 of the Act, the Minister shall, on receipt of a request referred to in subsection (1) and where the requirements of the Personnel Licensing and Training Standards respecting Flight Training Units are met, issue an authorization containing the conditions under which the flight training service may be operated. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Division III — Flight Training Service Authorization to Operate Flight Training Service Under CUSMA Sections 400.05-401.03 (3) An authorization referred to in subsection (1) is required in addition to a flight training unit operator certificate for those persons who are required to hold a flight training unit operator certificate pursuant to Subpart 6. SOR/2020-150, s. 5. Division IV — [Reserved] 400.06 [Reserved, SOR/2008-140, s. 1] Division V — Change of Information Change of Address 400.07 The holder of a permit or licence shall notify the Department of Transport of any change of permanent address within seven days after the change. SOR/2001-49, s. 4; SOR/2002-60, s. 1. [400.08 reserved] Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Interpretation 401.01 Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Ratings. 401.02 [Reserved, SOR/2014-15, s. 1] Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate [SOR/2003-129, s. 3] 401.03 (1) Subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless (a) the person holds the appropriate permit, licence or rating; (b) the permit, licence or rating is valid; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Sections 401.03-401.04 (c) the person holds the appropriate medical certificate; and (d) the person can produce the permit, licence or rating, and the certificate, when exercising those privileges. (1.1) No person shall exercise the privileges of a foreign licence validation certificate unless the person (a) holds the appropriate foreign licence validation certificate; (b) has signed the certificate; and (c) can produce the certificate when exercising those privileges. (2) A person who holds a military flight crew permit, licence or rating or a flight crew permit, licence or rating issued by a contracting state other than Canada may act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating for the sole purpose of the person’s flight test where (a) the test is conducted in accordance with section 401.15; and (b) no passenger is carried on board the aircraft. SOR/2003-129, s. 4; SOR/2005-320, s. 3; SOR/2010-26, s. 3; SOR/2014-15, s. 2. Flight Crew Members of Aircraft Registered in Contracting States Other Than Canada 401.04 No person shall act as a flight crew member or exercise the privileges of a flight crew licence in Canada in an aircraft registered in a contracting state other than Canada, unless the person holds, and can produce while so acting or while exercising such privileges, (a) a flight crew permit or licence issued under this Subpart; or (b) a flight crew licence, or a document equivalent to a foreign licence validation certificate, that is issued under the laws of the contracting state. SOR/2003-129, s. 5. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Sections 401.04-401.05 Recency Requirements 401.05 (1) Despite any other provision of this Subpart, no holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, shall exercise the privileges of the permit, licence or rating unless (a) the holder has acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight; or (b) within the 12 months preceding the flight (i) the holder has completed a flight review, in accordance with the personnel licensing standards, conducted by the holder of a flight instructor rating for the same category of aircraft, (ii) the flight instructor who conducted the flight review has certified in the holder’s personal log that the holder meets the skill requirements for the issuance of the permit or licence set out in the personnel licensing standards, and (iii) the holder has successfully completed the appropriate examination specified in the personnel licensing standards. (2) Despite any other provision of this Subpart, no holder of a flight crew permit or licence, other than the holder of a flight engineer licence, shall exercise the privileges of the permit or licence in an aircraft unless the holder (a) has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and (b) where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, has completed, within the six months preceding the flight, (i) in the case of an aircraft other than a glider or a balloon, in the same category and class of aircraft as the aircraft, or in a Level B, C or D simulator of the same category and class as the aircraft, at least Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Section 401.05 (A) five night or day take-offs and five night or day landings, if the flight is conducted wholly by day, or (B) five night take-offs and five night landings, if the flight is conducted wholly or partly by night, (ii) in the case of a glider, at least (A) five take-offs and five landings in a glider, or (B) two take-offs and two landings in a glider with the holder of a flight instructor rating — glider and obtained a certification of competence to carry passengers on board a glider from that holder in accordance with the personnel licensing standards, and (iii) in the case of a balloon, at least (A) five landings in a balloon by day and five take-offs in a balloon by day or night, if the flight is conducted by day, or (B) five landings in a balloon by day and five take-offs in a balloon by night, if the flight is conducted partly by night. (3) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless the holder has successfully completed, within the 24 months preceding the flight, one of the following: (a) an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft; (b) a Canadian Armed Forces instrument rating flight test; (c) an instrument proficiency check that complies with the applicable requirements of subsection 421.05(1) of Standard 421 – Flight Crew Permits, Licences and Ratings and that (i) consisted of tasks representative of those required by sections 1 to 4 of section 5 of Schedule 8 of Standard 428 – Conduct of Flight Tests, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Section 401.05 (ii) was conducted in (A) an aircraft of the same group as set out in subsection 421.46(1) of Standard 421 that met the requirements of section 605.18, or (B) a flight simulation training device that was approved for instrument rating flight tests and configured for aircraft of the same group as set out in subsection 421.46(1) of Standard 421, and (iii) was conducted by any of the following persons who hold a valid instrument rating for aircraft of the same group as set out in subsection 421.46(1) of Standard 421: (A) a pilot examiner authorized by the Minister to conduct instrument rating flight tests, (B) an approved check pilot authorized by the Minister to conduct an instrument proficiency check for the specific type of aircraft on which the instrument proficiency check was conducted, (C) a person who holds an authorization, issued by a contracting state having a reciprocal licensing agreement with Canada, that is equivalent to the authorization referred to in clause (A) or (B), or (D) a Canadian Armed Forces instrument check pilot, if the holder of a Canadian pilot licence being tested is a member of the Canadian Armed Forces; or (d) one of the following competency checks or pilot proficiency checks for which the validity period has not expired and that includes a portion on instrument procedures: (i) a competency check conducted in accordance with the Flight Test Guide — Competency Check (Private Operators), published by the Minister, in the case of aircraft operated under Subpart 4 of Part VI, (ii) a line operational evaluation from an approved advanced qualification program conducted by a Canadian Advanced Qualification Program Evaluator, (iii) a foreign pilot proficiency or competency check that is approved by a contracting state and conducted by a foreign check pilot who is authorized to conduct instrument proficiency checks for commercial and private air operators of that state, if the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Section 401.05 holder is working for hire or reward for a foreign commercial or private air operator, or (iv) a competency check or pilot proficiency check conducted in compliance with one of the following schedules to the Commercial Air Services Standards: (A) Schedule I to section 722.65 of Standard 722 — Aerial Work, in the case of aeroplanes operated under Subpart 2 of Part VII, (B) Schedule II to section 722.65 of Standard 722 — Aerial Work, in the case of helicopters operated under Subpart 2 of Part VII, (C) Schedule I to section 723.88 of Standard 723 — Air Taxi — Aeroplanes, in the case of aeroplanes operated under Subpart 3 of Part VII, (D) the schedule to section 723.88 of Standard 723 — Air Taxi — Helicopters, in the case of helicopters operated under Subpart 3 of Part VII, (E) Schedule I or II to section 724.108 of Standard 724 — Commuter Operations — Aeroplanes, in the case of aeroplanes operated under Subpart 4 of Part VII, (F) the schedule to section 724.108 of Standard 724 — Commuter Operations — Helicopters, in the case of helicopters operated under Subpart 4 of Part VII, or (G) Schedule I, II or III to section 725.106 of Standard 725 — Airline Operations — Aeroplanes, in the case of aeroplanes operated under Subpart 5 of Part VII. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Section 401.05 (3.1) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless, following the first day of the 13th month after the completion date of a test referred to in subsection (3) and within six months before the flight, the holder has (a) acquired six hours of instrument time; and (b) completed six instrument approaches in an aircraft in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator or an approved flight training device configured for the same category as the aircraft (i) under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of Standard 425 — Flight Training, or (ii) while acting as a flight instructor conducting training in respect of the endorsement of a flight crew licence or permit with an instrument rating. (3.2) The holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall retain a record of having met the applicable recency requirement set out in subsection (3) or (3.1) for three years. (4) No holder of a Canadian flight engineer licence shall exercise the privileges set out in section 401.37 unless (a) the holder has acted as flight engineer on board an aircraft within the five years preceding the flight or has met the written examination requirements for the licence within the 12 months preceding the flight; and (b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as flight engineer (i) in an aircraft of the same type, or (ii) in a synthetic flight trainer for an aircraft of the same type. (5) No holder of a Canadian pilot licence endorsed with a second officer rating shall exercise the privileges set out in section 401.53 unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Sections 401.05-401.06 (a) the holder has acted as a second officer on board an aircraft within the five years preceding the flight; and (b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as a second officer in (i) an aircraft of the same type, or (ii) a synthetic flight trainer for an aircraft of the same type. (6) No holder of a Canadian pilot licence endorsed with a flight instructor rating — ultra-light aeroplane shall exercise the privileges set out in section 401.88 unless (a) the holder has (i) acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight, or (ii) met the written examination requirements for the rating within the 12 months preceding the flight; (b) the holder has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and (c) the holder has, where a student is carried on board the aeroplane, completed at least five take-offs and five landings in an ultra-light aeroplane of the same control configuration within the six months preceding the flight. SOR/2001-49, s. 5; SOR/2011-284, s. 3; SOR/2014-131, s. 9; SOR/2019-119, s. 13; SOR/ 2021-152, s. 3(F); SOR/2021-152, s. 18; SOR/2021-152, s. 19(E). Issuance and Endorsement of Flight Crew Permits, Licences and Ratings 401.06 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue a flight crew permit or licence to the applicant or endorse the applicant’s flight crew permit or licence with a rating if the applicant provides documentation to the Minister that establishes (a) the applicant’s citizenship; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Section 401.06 (b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of (i) minimum age, (ii) medical fitness, (iii) knowledge, (iv) experience, and (v) skill; and (c) that the applicant has successfully completed, within the applicable period specified in the personnel licensing standards preceding the date of application for the permit, licence or rating, a flight test in accordance with the personnel licensing standards. (1.1) An application shall also include (a) in the case of a licence or a permit, one photograph of the applicant that meets the requirements of subsection 421.06(3) of the personnel licensing standards; and (b) in the case of a licence, documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English or French, or both, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 421.06(4) of the personnel licensing standards. (2) The certification of additional privileges on a permit or licence expires at the end of the period specified on the licence or permit or on receipt of a new permit or licence granting those privileges, whichever is earlier. (3) The Minister shall extend the validity period of a flight instructor rating for a period of not more than 90 days beginning on the day on which the rating would otherwise expire, if (a) the application for extension of the rating is made while the rating is still valid; and (b) the applicant demonstrates that there has been no reasonable opportunity to renew the rating within the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Sections 401.06-401.08 90 days before the day on which the rating would otherwise expire. SOR/2003-129, s. 6; SOR/2006-352, s. 6; SOR/2008-122, s. 1; SOR/2008-140, s. 2; SOR/ 2019-119, s. 14. Validation of Foreign Licences 401.07 (1) Subject to section 6.71 of the Act, if the holder of a foreign flight crew licence issued by a contracting state other than Canada meets the applicable requirements set out in the personnel licensing standards and does not reside in Canada, the Minister shall, on receipt of an application submitted in the form and manner set out in those standards, issue a foreign licence validation certificate to the holder of the licence. (2) The Minister shall, in accordance with the personnel licensing standards, specify in a foreign licence validation certificate the privileges that may be exercised by the holder of the certificate. SOR/2001-49, s. 6; SOR/2008-140, s. 3. Personal Logs 401.08 (1) Every applicant for, and every holder of, a flight crew permit, licence or rating shall maintain a personal log in accordance with subsection (2) and with the personnel licensing standards for the documentation of (a) experience acquired in respect of the issuance of the flight crew permit, licence or rating; and (b) recency. (2) A personal log that is maintained for the purposes referred to in paragraphs (1)(a) and (b) shall contain the holder’s name and the following information in respect of each flight: (a) the date of the flight; (b) the type of aircraft and its registration mark; (c) the flight crew position in which the holder acted; (d) the flight conditions with respect to day, night, VFR and IFR; (e) in the case of a flight in an aeroplane or helicopter, the place of departure and the place of arrival; (f) in the case of a flight in an aeroplane, all of the intermediate take-offs and landings; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Sections 401.08-401.11 (g) the flight time; (h) in the case of a flight in a glider, the method of launch used for the flight; and (i) in the case of a flight in a balloon, the method of inflation used for the flight. (3) No person shall make an entry in a personal log unless the person (a) is the holder of the log; or (b) has been authorized to make the entry by the holder of the log. SOR/2001-49, s. 7. Credits towards Requirements for a Flight Crew Permit, Licence or Rating 401.09 The Minister shall, in accordance with the personnel licensing standards, credit the flight time acquired by a person in acting as a flight crew member towards the issuance of the person’s flight crew permit or licence or the endorsement of the person’s flight crew licence or permit with a rating. 401.10 [Reserved, SOR/2014-15, s. 3] Airline Transport Licence — Training Program and Recording of Time 401.11 (1) No person shall record in a personal log the flight time acquired by a co-pilot while acting as pilot-incommand under supervision, unless the flight time (a) was acquired in accordance with an airline transport pilot licence training program approved by the Minister pursuant to subsection (2) and carried out in accordance with the personnel licensing standards; and (b) is recorded in the personal log in accordance with the personnel licensing standards. (2) The Minister shall approve a training program referred to in paragraph (1)(a) if the applicable requirements set out in the personnel licensing standards are met. SOR/98-530, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division I — General Section 401.12 Validity of Flight Crew Permits and Licences 401.12 (1) A flight crew permit or licence that is issued in the form of a booklet label is not valid unless (a) the label is affixed in an aviation document booklet; (b) the booklet number displayed on the label matches the number of the booklet; and (c) the booklet is signed by the holder. (2) The validity period of a flight crew permit or licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed. (3) The expiry date of an aviation document booklet that has a flight crew permit affixed in it but does not have a flight crew licence affixed in it is the first day of the 121st month following the day on which the booklet was issued. (4) The expiry date of an aviation document booklet that has a flight crew licence affixed in it is (a) the first day of the 121st month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or (b) the first day of the 121st month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation. (5) [Repealed, SOR/2021-152, s. 4] SOR/2010-26, s. 4; SOR/2019-119, s. 15; SOR/2021-152, s. 4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division II — Testing Sections 401.13-401.15 Division II — Testing Examination Prerequisites 401.13 (1) Prior to taking a written examination, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the examination set out in the personnel licensing standards with respect to (a) medical fitness; (b) identification; (c) a recommendation from the flight instructor who is responsible for the training of the applicant; and (d) experience. (2) The applicant for a flight crew permit, licence or rating must be sufficiently competent in one of the official languages to be able to read the examination questions and to write the answers without assistance. SOR/2001-49, s. 8. Flight Test Prerequisites 401.14 Prior to taking a flight test, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the test set out in the personnel licensing standards with respect to (a) medical fitness; (b) identification; (c) a recommendation from the flight instructor who is responsible for the training of the applicant; (d) experience; and (e) for applicants for a commercial pilot licence — aeroplane or helicopter, knowledge. SOR/2006-352, s. 7. Conduct of a Flight Test 401.15 No person shall conduct a flight test required for the issuance or renewal of a flight crew permit or licence or for the endorsement of a flight crew permit or licence with a rating unless (a) the person Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division II — Testing Sections 401.15-401.18 (i) is designated by the Minister to conduct the flight test, and (ii) meets the requirements of section 425.21 of Standard 425 — Flight Training; and (b) the flight test is conducted in accordance with (i) Subpart 8, in the case of an aeroplane or helicopter, or (ii) the personnel licensing standards, in any other case. SOR/2001-49, s. 9; SOR/2005-319, s. 2; SOR/2011-284, s. 4; SOR/2019-119, s. 47. Failure of a Flight Test 401.16 Where an applicant has failed a flight test, the applicant shall complete the remedial requirements specified in the personnel licensing standards prior to being retested. Failure of a Flight Test for a Rating Renewal 401.17 (1) Where, during a flight test, the holder of a rating fails to meet the requirements specified in the personnel licensing standards for the lowest class of that rating, the Minister shall suspend the rating. (2) Where, during a flight test for a flight instructor rating, the holder of a rating fails to meet the requirements specified in the personnel licensing standards for renewal of the rating but meets the requirements for a lower class of that rating the Minister shall endorse the holder’s licence with the lower class of that rating. Examiner’s Endorsement of Personal Log — Gliders and Balloons 401.18 (1) Where the applicant for a pilot licence — glider successfully completes the flight test required for the licence, the flight test examiner shall so endorse the applicant’s personal log, recording therein the method of launch that was used for the flight test and any other information specified in the personnel licensing standards. (2) Where the holder of a pilot licence — glider demonstrates, in accordance with the personnel licensing standards, additional methods of launch to an instructor who holds a flight instructor rating — glider, the instructor Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division II — Testing Sections 401.18-401.19 shall so endorse the holder’s personal log, recording therein the additional methods of launch used. (3) Where an applicant for a pilot licence — balloon successfully completes the flight test required for the licence, the flight test examiner shall so endorse the applicant’s personal log, recording therein the method of inflation that was used for the flight test and any other information specified in the personnel licensing standards. (4) Where the holder of a pilot licence — balloon demonstrates, in accordance with the personnel licensing standards, additional methods of inflation to an instructor who holds a flight instructor rating — balloon, the instructor shall so endorse the holder’s personal log, recording therein the additional methods of inflation used. Division III — Student Pilot Permits Privileges 401.19 (1) The holder of a student pilot permit may act as pilot-in-command of an aircraft of the category for which the permit is endorsed if (a) the flight is conducted for the purpose of the holder’s flight training; (b) the flight is conducted in Canada; (c) the flight is conducted under day VFR; (d) the flight is conducted under the direction and supervision of a person qualified to provide training toward the permit, licence or rating for which the pilotin-command experience is required; and (e) no passenger is carried on board. (2) Despite paragraph (1)(c), the holder of a student pilot permit who is enrolled in an integrated course may act as pilot-in-command during a flight that is conducted under day or night VFR. SOR/2014-15, s. 4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division IV — Pilot Permits Sections 401.20-401.21 Division IV — Pilot Permits Gyroplanes — Privileges 401.20 The holder of a pilot permit — gyroplane may, under VFR, act as (a) pilot-in-command of a gyroplane of a type for which the permit is endorsed with a rating; and (b) pilot-in-command or co-pilot of an aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 10; SOR/2011-284, s. 5; SOR/2014-15, s. 5; SOR/2019-119, s. 47. Ultra-light Aeroplanes — Privileges 401.21 The holder of a pilot permit — ultra-light aeroplane may, under day VFR, (a) act as pilot-in-command of an ultra-light aeroplane with no other person on board; (b) act as pilot-in-command of an ultra-light aeroplane with one other person on board if (i) the holder’s permit is endorsed with a passenger-carrying rating, (ii) the ultra-light aeroplane has no restrictions against carrying another person, and (iii) the holder has completed training, including dual instruction and solo flight, on the class of ultra-light aeroplane being operated; (c) act as pilot-in-command of an ultra-light aeroplane with one other person on board if the other Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division IV — Pilot Permits Sections 401.21-401.22 person is a holder of a pilot licence or permit, other than a student pilot permit, that allows them to act as pilot-in-command of an ultra-light aeroplane; or (d) act as pilot-in-command of an aircraft for the sole purpose of the holder’s flight training or flight test if (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no other person is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 11; SOR/2005-319, s. 3; SOR/2011-284, s. 6; SOR/2014-15, s. 6; SOR/ 2019-119, s. 47. Recreational — Aeroplanes — Privileges 401.22 The holder of a pilot permit — recreational — aeroplane may, under day VFR, act as (a) pilot-in-command of an aeroplane of a class and type in respect of which the permit is endorsed with a rating where (i) the aeroplane is a single-engined aeroplane that is not a high-performance aeroplane, (ii) the aeroplane is designed, or is authorized by a type certificate, to carry a maximum of four persons, and (iii) no more than one passenger is carried on board; (b) pilot-in-command of an ultra-light aeroplane; and (c) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division IV — Pilot Permits Sections 401.22-401.23 (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 12; SOR/2011-284, s. 7; SOR/2014-15, s. 7; SOR/2019-119, s. 47. Recreational — Helicopters — Privileges 401.23 The holder of a pilot permit — recreational — helicopter may, under day VFR, act as (a) pilot-in-command of a helicopter of a type specified in the personnel licensing standards in respect of which the permit is endorsed with a rating where (i) the helicopter is a single-engined helicopter, (ii) no more than one passenger is carried on board; and (iii) no external loads are carried; and (b) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 13; SOR/2011-284, s. 8; SOR/2014-15, s. 8; SOR/2019-119, s. 47. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division V — Pilot Licence Sections 401.24-401.25 Division V — Pilot Licence Gliders — Privileges 401.24 The holder of a pilot licence — glider may, under day VFR, act as (a) pilot-in-command of a glider in which no passenger is carried on board; (b) pilot-in-command of a glider in which passengers are carried on board where (i) the glider is launched by a method of launch endorsed by the holder of a flight instructor rating — glider in the holder’s personal log pursuant to subsection 401.18(1) or (2), and (ii) the method of launch has been used by the holder for not less than three previous solo flights; and (c) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 14; SOR/2011-284, s. 9; SOR/2014-15, s. 9; SOR/2019-119, s. 47. Balloons — Privileges 401.25 The holder of a pilot licence — balloon may, under VFR, (a) act as pilot-in-command or co-pilot of a balloon that is inflated by a method of inflation endorsed by the holder of a flight instructor rating — balloon in the holder’s personal log pursuant to subsection 401.18(3) or (4) and that is of a type for which the licence is endorsed with a rating; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division V — Pilot Licence Sections 401.25-401.26 (b) act as pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board; and (c) conduct a take-off in a balloon within a built-up area of a city or town where the holder complies with section 602.13 and the applicable requirements set out in the personnel licensing standards. SOR/2001-49, s. 15; SOR/2011-284, s. 10; SOR/2014-15, s. 10; SOR/2019-119, s. 47. Division VI — Private Pilot Licence Aeroplanes — Privileges 401.26 The holder of a private pilot licence — aeroplane may act as (a) pilot-in-command or co-pilot of an aeroplane of a class and type in respect of which the licence is endorsed with ratings; (b) pilot-in-command of an ultra-light aeroplane; and (c) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VI — Private Pilot Licence Sections 401.26-401.28 (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 16; SOR/2011-284, s. 11; SOR/2014-15, s. 11; SOR/2019-119, s. 47. Helicopters — Privileges 401.27 The holder of a private pilot licence — helicopter may act as (a) pilot-in-command or co-pilot of a helicopter of a type in respect of which the licence is endorsed with ratings; and (b) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where (i) in the case of flight training, (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and (B) no passenger is carried on board, and (ii) in the case of a flight test, (A) it is conducted in accordance with section 401.15, and (B) no passenger is carried on board. SOR/2001-49, s. 17; SOR/2011-284, s. 12; SOR/2014-15, s. 12; SOR/2019-119, s. 47. Aeroplanes and Helicopters — Reimbursement of Costs Incurred in respect of a Flight [SOR/2005-320, s. 4(F)] 401.28 (1) The holder of a private pilot licence shall not act as the pilot-in-command of an aeroplane or helicopter for hire or reward unless the conditions set out in subsection (2), (3), (4) or (5), as applicable, are met. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VI — Private Pilot Licence Section 401.28 (2) The holder of a private pilot licence may receive reimbursement for costs incurred in respect of a flight if the holder (a) is the owner or operator of the aircraft; (b) conducts the flight for purposes other than hire or reward; (c) carries passengers only incidentally to the purposes of the flight; and (d) receives a reimbursement that (i) is provided only by the passengers referred to in paragraph (c), and (ii) is for the purpose of sharing the costs of fuel, oil and fees charged against the aircraft in respect of the flight, as applicable. (3) The holder of a private pilot licence may receive reimbursement from the holder’s employer for costs incurred in respect of a flight if the holder (a) is employed on a full-time basis by the employer for purposes other than flying; (b) conducts the flight on the employer’s business and the flight is incidental to the execution of the holder’s duties; and (c) receives a reimbursement that (i) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and that does not exceed the total of the holder’s direct operating costs and the fees charged against the aircraft in respect of the flight, or (ii) in the case of a rental aircraft, does not exceed the total of the holder’s rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight. (4) The holder of a private pilot licence may receive reimbursement from a charitable, not-for-profit or public security organization in respect of a flight conducted by the holder as a volunteer for that organization if the reimbursement (a) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and does not exceed the total of the holder’s direct operating costs and the fees charged against the aircraft in respect of the flight; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VI — Private Pilot Licence Sections 401.28-401.30 (b) in the case of a rental aircraft, does not exceed the total of the holder’s rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight. (5) The holder of a private pilot licence who is a farmer, as defined in section 700.01, may conduct aerial work involving the dispersal of products for agricultural purposes for hire or reward if the holder (a) does not hold an air operator certificate; (b) owns the aircraft that is used to disperse the products; (c) has at least 150 hours of flight time as pilot-incommand, including at least 25 hours of flight time in the type of aircraft being used; (d) ensures that no more than the minimum number of crew members needed to disperse the products is on board the aircraft; (e) ensures that the dispersal takes place within 25 miles of the centre of the holder’s farm; and (f) ensures that no dispersal is conducted within a control zone without the authority of the appropriate air traffic control unit. SOR/2005-320, s. 4. [401.29 reserved] Division VII — Commercial Pilot Licence Aeroplanes — Privileges and Requirements [SOR/2006-352, s. 8] 401.30 (1) Subject to subsection (3), the holder of a commercial pilot licence — aeroplane may, by day or night, (a) exercise the privileges of a private pilot licence — aeroplane; (b) exercise the privileges of a VFR OTT rating; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VII — Commercial Pilot Licence Sections 401.30-401.31 (c) while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with ratings, act as (i) pilot-in-command of the aeroplane, if the minimum flight crew document for the aeroplane specifies a minimum flight crew of one pilot, or (ii) co-pilot of the aeroplane; (d) if qualified as a flight instructor in accordance with section 425.21 of Standard 425 — Flight Training, conduct flight instruction; and (e) exercise private pilot licence — aeroplane privileges until the end of the medical validity period specified for the private pilot licence. (2) Where an applicant meets the requirements specified in the personnel licensing standards in respect of a commercial pilot licence — aeroplane except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence — aeroplane endorsed for daylight flying only. (3) No holder of a commercial pilot licence — aeroplane whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (c) by night. (4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards. SOR/2001-49, s. 18; SOR/2003-129, s. 7; SOR/2005-320, s. 5; SOR/2006-352, s. 9; SOR/ 2011-284, s. 13; SOR/2019-119, s. 47. Helicopters — Privileges and Requirements [SOR/2006-352, s. 10] 401.31 (1) Subject to subsection (3), the holder of a commercial pilot licence — helicopter may, by day or night, (a) exercise the privileges of a private pilot licence — helicopter; (b) while engaged in providing a commercial air service by means of a helicopter of a type in respect of which the licence is endorsed with ratings, act as (i) pilot-in-command of the helicopter, if the minimum flight crew document for the helicopter specifies a minimum flight crew of one pilot, or (ii) co-pilot of the helicopter; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VII — Commercial Pilot Licence Sections 401.31-401.32 (c) if qualified as a flight instructor in accordance with section 425.21 of Standard 425 — Flight Training, conduct flight instruction; and (d) exercise private pilot licence — helicopter privileges until the end of the medical validity period specified for the private pilot licence. (2) Where an applicant meets the requirements specified in the personnel licensing standards for a commercial pilot licence — helicopter except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence — helicopter endorsed for daylight flying only. (3) No holder of a commercial pilot licence — helicopter whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (b) by night. (4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards. SOR/2001-49, s. 19; SOR/2005-320, s. 6; SOR/2006-352, s. 11; SOR/2007-229, s. 1; SOR/ 2011-284, s. 14; SOR/2019-119, s. 47. Division VII. 1 — Multi-crew Pilot Licence Aeroplanes — Privileges 401.32 (1) The holder of a multi-crew pilot licence — aeroplane may act as co-pilot of a turbine-powered aeroplane that is operated day or night, under VFR, VFR OTT or IFR, if the aeroplane (a) is a transport category aircraft; (b) is an aeroplane for which a minimum flight crew document has been issued that specifies a minimum flight crew of two pilots; (c) is of a type in respect of which the holder’s licence is endorsed with a rating; and (d) is operated under subpart 4 of Part VI or under Part VII. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VII.1 — Multi-crew Pilot Licence Sections 401.32-401.35 (2) The holder of a multi-crew pilot licence — aeroplane may act as pilot-in-command of any aircraft for the purpose of the holder’s flight training if the flight training is conducted in accordance with section 401.19. SOR/2014-15, s. 13. [401.33 reserved] Division VIII — Airline Transport Pilot Licence Aeroplanes — Privileges 401.34 (1) Subject to subsection (2), the holder of an airline transport pilot licence — aeroplane may exercise the privileges of a private pilot licence — aeroplane and a commercial pilot licence — aeroplane. (2) The holder of an airline transport pilot licence — aeroplane endorsed with a Group 1 instrument rating may, while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with a rating, act as (a) pilot-in-command of the aeroplane, if the minimum flight crew document for that aeroplane specifies a minimum flight crew of two pilots; or (b) co-pilot of the aeroplane. SOR/2001-49, s. 20. Helicopters — Privileges 401.35 (1) The holder of an airline transport pilot licence — helicopter may (a) exercise the privileges of a private pilot licence — helicopter and a commercial pilot licence — helicopter; and (b) while engaged in providing a commercial air service by means of a helicopter of a type for which the licence is endorsed with ratings, act as pilot-in-command or co-pilot of the helicopter. (2) Where an applicant meets the requirements specified in the personnel licensing standards for an airline transport pilot licence — helicopter except the night and instrument flight time requirements, the Minister shall issue to the applicant an airline transport pilot licence — helicopter restricted to aerial work only. SOR/2005-320, s. 7. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division VIII — Airline Transport Pilot Licence Sections 401.37-401.38 [401.36 reserved] Division IX — Flight Engineer Licence Privileges 401.37 (1) The holder of a flight engineer licence may (a) act as flight engineer in an aircraft of a type for which the licence is endorsed with a rating; and (b) act as flight engineer in any aircraft for the sole purpose of the holder’s flight training or competency check if (i) the flight training is conducted under the supervision of a person qualified to give flight engineer training, or (ii) the competency check is conducted by a person qualified to conduct the check. (2) A holder of a flight engineer licence who supervises other holders of flight engineer licences may conduct flight training and competency checks in respect of (a) the issuance of a flight engineer licence; (b) the endorsement of a flight engineer licence with an aircraft type rating; (c) the endorsement of a commercial pilot licence — aeroplane or an airline transport pilot licence — aeroplane with a second officer rating; and (d) the endorsement of a licence with an aircraft type rating for second officer privileges, if the licence has a second officer rating. SOR/2005-320, s. 8; SOR/2021-152, s. 20(F). Division X — Aeroplane Class Ratings Rating 401.38 The Minister shall endorse the following permits and licences with an aeroplane class rating if the applicant for the rating meets the requirements referred to in section 401.06: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division X — Aeroplane Class Ratings Sections 401.38-401.42 (a) private pilot licence — aeroplane; (b) commercial pilot licence — aeroplane; (c) airline transport pilot licence — aeroplane; and (d) pilot permit — recreational — aeroplane. Privileges 401.39 The holder of a permit or licence that has been endorsed with an aeroplane class rating may exercise the privileges of the permit or licence in the class of aeroplane for which the permit or licence is endorsed. SOR/2002-111, s. 1. Division XI — Aircraft Type Ratings Blanket and Individual Type Ratings 401.40 The Minister shall endorse the permits and licences specified in the personnel licensing standards with a blanket aircraft type rating or an individual type rating if the applicant for the rating meets the requirements referred to in section 401.06. Privileges 401.41 The holder of a permit or licence that has been endorsed with a blanket aircraft type rating or an individual type rating may exercise the privileges of the permit or licence in the blanket aircraft type or individual aircraft type for which the permit or licence is endorsed. SOR/2002-111, s. 2. Division XII — Night Rating Rating 401.42 The Minister shall endorse the following permits and licences with a night rating if the applicant for the rating meets the requirements referred to in section 401.06: (a) private pilot licence — aeroplane; (b) private pilot licence — helicopter; (c) pilot licence — balloon; and (d) pilot permit — gyroplane. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XII — Night Rating Sections 401.43-401.47 Privileges 401.43 The holder of a permit or licence that has been endorsed with a night rating may exercise the privileges of the permit or licence by night. SOR/2002-111, s. 3. Division XIII — VFR Over-the-Top Rating Rating 401.44 The Minister shall endorse the following licences with a VFR OTT rating if the applicant for the rating meets the requirements referred to in section 401.06: (a) private pilot licence — aeroplane; (b) private pilot licence — helicopter; (c) commercial pilot licence — helicopter; and (d) airline transport pilot licence — helicopter. Privileges 401.45 The holder of a licence that has been endorsed with a VFR OTT rating may exercise the privileges of the licence in VFR OTT flight in accordance with section 602.116. Division XIV — Instrument Rating Rating 401.46 (1) The Minister shall endorse the following licences with an instrument rating if the applicant for the rating meets the requirements referred to in section 401.06: (a) pilot licence — aeroplane; and (b) pilot licence — helicopter. (2) Where the Minister has endorsed a licence with an instrument rating, the Minister shall endorse the licence with the group of aircraft in respect of which the privileges may be exercised. Privileges 401.47 The holder of a licence endorsed with an instrument rating may exercise Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XIV — Instrument Rating Sections 401.47-401.53 (a) the privileges of the licence under IFR in accordance with Part VI, Subpart 2, Division VII in respect of the group of aircraft endorsed on the licence; and (b) the privileges accorded by a VFR OTT rating. 401.48 [Reserved, SOR/2019-119, s. 16] 401.49 [Reserved, SOR/2019-119, s. 16] [401.48 to 401.51 reserved] Division XV — Second Officer Rating Rating 401.52 The Minister shall endorse the following licences with a second officer rating if the applicant for the rating meets the requirements referred to in section 401.06: (a) commercial pilot licence — aeroplane; (b) airline transport pilot licence — aeroplane; and (c) multi-crew pilot licence — aeroplane. SOR/2014-15, s. 14. Privileges 401.53 (1) The holder of a second officer rating may (a) act as second officer in any aeroplane of a type to which the rating applies; (b) act as second officer in any aeroplane for the sole purpose of the holder’s own flight training or competency check if (i) the flight training is conducted under the supervision of a person qualified to give second officer training, or (ii) the competency check is conducted by a person qualified to conduct the check; and (c) act as a flight engineer in an aeroplane of a type to which the rating applies. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XV — Second Officer Rating Sections 401.53-401.61 (2) A holder of a second officer rating who supervises other holders of second officer ratings may conduct flight training and competency checks in respect of (a) the endorsement of a commercial pilot licence — aeroplane or an airline transport pilot licence — aeroplane with a second officer rating; and (b) the endorsement of a licence with an aircraft type rating for second officer privileges, if the holder holds a second officer rating. SOR/2001-49, s. 21; SOR/2005-320, s. 9; SOR/2021-152, s. 20(F). [401.54 reserved] Division XVI — Passenger-Carrying Rating — Ultra-Light Aeroplane Rating 401.55 The Minister shall endorse a pilot permit — ultra-light aeroplane with a passenger-carrying rating if the applicant for the rating meets the requirements referred to in section 401.06. SOR/2005-319, s. 4; SOR/2011-284, s. 15. Privileges 401.56 The holder of a pilot permit — ultra-light aeroplane endorsed with a passenger-carrying rating may carry one other person on board an ultra-light aeroplane if it has no restrictions against carrying another person. SOR/2005-319, s. 4. [401.57 to 401.60 reserved] Division XVII — Flight Instructor Ratings — Aeroplane and Helicopter Rating 401.61 (1) The Minister shall endorse the following licences with a Class 1, 2, 3 or 4 flight instructor rating — aeroplane if the applicant for the rating meets the requirements referred to in section 401.06: (a) commercial pilot licence — aeroplane; and (b) airline transport pilot licence — aeroplane. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XVII — Flight Instructor Ratings — Aeroplane and Helicopter Sections 401.61-401.65 (2) The Minister shall endorse the following licences with a Class 1, 2, 3, or 4 flight instructor rating — helicopter if the applicant for the rating meets the requirements referred to in section 401.06: (a) commercial pilot licence — helicopter; and (b) airline transport pilot licence — helicopter. Class 4 Supervision Requirement 401.62 Subject to paragraph 401.69(e), no holder of a Class 4 flight instructor rating — aeroplane or a Class 4 flight instructor rating — helicopter shall exercise the privileges accorded by that rating unless the holder (a) is conducting the training in accordance with a flight training unit operator certificate; and (b) is under the supervision of a supervising instructor of the flight training unit. SOR/2001-49, s. 22. Class 1 or 2 — Supervision of the Holder of a Class 4 Flight Instructor Rating — Aeroplane and Helicopter 401.63 (1) Where the holder of a Class 1 or Class 2 flight instructor rating — aeroplane supervises the holder of a Class 4 flight instructor rating — aeroplane, the holder of the Class 1 or Class 2 rating shall do so in accordance with the personnel licensing standards. (2) Where the holder of a Class 1 or Class 2 flight instructor rating — helicopter supervises the holder of a Class 4 flight instructor rating — helicopter, the holder of the Class 1 or Class 2 rating shall do so in accordance with the personnel licensing standards. Class 4 — Record Keeping 401.64 The holder of a Class 4 flight instructor rating — aeroplane or a Class 4 flight instructor rating — helicopter shall, in respect of the trainees under the supervision of the holder, keep records in accordance with the personnel licensing standards. Period of Validity 401.65 A Class 1, 2, 3 or 4 flight instructor rating — aeroplane, a Class 1 or 2 flight instructor rating — aeroplane — aerobatic or a Class 1, 2, 3 or 4 flight instructor rating — helicopter is valid for the period specified on the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XVII — Flight Instructor Ratings — Aeroplane and Helicopter Sections 401.65-401.69 licence in accordance with the personnel licensing standards. SOR/2020-151, s. 6. Renewal of Flight Instructor Rating 401.66 The Minister shall renew a flight instructor rating in accordance with the personnel licensing standards if the holder of the rating continues to meet the requirements for the endorsement of the rating referred to in section 401.06. Flight Test Records 401.67 (1) The Minister shall establish, maintain and evaluate a flight test record for each holder of a flight instructor rating — aeroplane, flight instructor rating — helicopter or flight instructor rating — aeroplane — aerobatic in accordance with the personnel licensing standards. (2) Where the evaluation of a flight test record done pursuant to subsection (1) indicates that follow-up action is required, the Minister shall ensure that the follow-up action is carried out in accordance with the personnel licensing standards. SOR/2006-352, s. 12. [401.68 reserved] Division XVIII — Flight Instructor Rating — Aeroplane Class 4 — Privileges 401.69 The holder of a Class 4 flight instructor rating — aeroplane may (a) conduct dual flight instruction in respect of the issuance of a pilot permit — recreational — aeroplane or pilot licence — aeroplane or the endorsement of a night rating or a VFR OTT rating on a pilot licence — aeroplane; (b) authorize a trainee to conduct a solo flight in an aeroplane; (c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — recreational — aeroplane or pilot licence — aeroplane; (d) recommend a trainee for the endorsement of a night rating or a VFR OTT rating on the trainee’s pilot licence — aeroplane; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XVIII — Flight Instructor Rating — Aeroplane Sections 401.69-401.72 (e) exercise the privileges of a flight instructor rating — ultra-light aeroplane without being under the supervision prescribed in paragraph 401.62(b). SOR/2001-49, s. 23. Class 3 — Privileges 401.70 The holder of a Class 3 flight instructor rating — aeroplane may (a) exercise the privileges of a Class 4 flight instructor rating — aeroplane; and (b) act as chief flight instructor of a flight training unit where there is no other flight instructor for the flight training unit. Class 2 — Privileges 401.71 The holder of a Class 2 flight instructor rating — aeroplane may (a) exercise the privileges of a Class 3 flight instructor rating — aeroplane; (b) supervise the holder of a Class 4 flight instructor rating — aeroplane; and (c) act as chief flight instructor of a flight training unit. Class 1 — Privileges 401.72 The holder of a Class 1 flight instructor rating — aeroplane may (a) exercise the privileges of a Class 2 flight instructor rating — aeroplane; and (b) conduct ground school instruction and flight training in respect of the endorsement of a flight instructor rating — aeroplane. [401.73 to 401.76 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XIX — Flight Instructor Rating — Helicopter Sections 401.77-401.80 Division XIX — Flight Instructor Rating — Helicopter Class 4 — Privileges 401.77 The holder of a Class 4 flight instructor rating — helicopter may (a) conduct dual flight instruction in respect of the issuance of a pilot permit — recreational — helicopter or pilot licence — helicopter or the endorsement of a night rating or a VFR OTT rating on a pilot licence — helicopter; (b) authorize a trainee to conduct a solo flight in a helicopter; (c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — recreational — helicopter or pilot licence — helicopter; and (d) recommend a trainee for the endorsement of a night rating or a VFR OTT rating on the trainee’s pilot licence — helicopter. SOR/2001-49, s. 24. Class 3 — Privileges 401.78 The holder of a Class 3 flight instructor rating — helicopter may exercise the privileges of a Class 4 flight instructor rating — helicopter. Class 2 — Privileges 401.79 The holder of a Class 2 flight instructor rating — helicopter may (a) exercise the privileges of a Class 3 flight instructor rating — helicopter; (b) supervise the holder of a Class 4 flight instructor rating — helicopter; and (c) act as chief flight instructor of a flight training unit. Class 1 — Privileges 401.80 The holder of a Class 1 flight instructor rating — helicopter may (a) exercise the privileges of a Class 2 flight instructor rating — helicopter; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XIX — Flight Instructor Rating — Helicopter Sections 401.80-401.82 (b) conduct ground school instruction and flight training in respect of the endorsement of a licence with a flight instructor rating — helicopter. Division XX — Flight Instructor Ratings — Glider, Balloon and Gyroplane Rating 401.81 The Minister shall, as appropriate, endorse the following permits and licences with a flight instructor rating — glider, balloon or gyroplane if the applicant for the rating meets the requirements referred to in section 401.06: (a) pilot permit — gyroplane; (b) pilot licence — glider; and (c) pilot licence — balloon. Gliders — Privileges 401.82 The holder of a flight instructor rating — glider may (a) conduct dual flight instruction in respect of the issuance of a pilot licence — glider; (b) conduct dual flight instruction in respect of the endorsement of a type rating on a pilot licence — glider; (c) authorize a trainee to conduct solo flight in a glider; (d) conduct ground school instruction and flight training in respect of the endorsement of a pilot licence — glider with a flight instructor rating — glider; (e) conduct a flight test and recommend a trainee for (i) the issuance of a pilot licence — glider, (ii) the endorsement of a pilot licence — glider with a type rating, or (iii) the endorsement of a pilot licence — glider with a flight instructor rating — glider; (f) certify the competency of the holder of a pilot licence — glider to carry passengers in a glider; and (g) endorse a trainee’s personal log in respect of methods of launch. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XX — Flight Instructor Ratings — Glider, Balloon and Gyroplane Sections 401.82-401.84 Balloons — Privileges 401.83 The holder of a flight instructor rating — balloon may (a) authorize a trainee to conduct solo flight in a balloon; (b) conduct ground school instruction and dual flight instruction in respect of the endorsement of a pilot licence — balloon with a flight instructor rating — balloon; (c) conduct a flight test and recommend a trainee for (i) the issuance of a pilot licence — balloon, or (ii) the endorsement of a pilot licence — balloon with a flight instructor rating — balloon; (d) recommend a trainee for the endorsement of a type rating on the trainee’s pilot licence — balloon; (e) where the holder’s licence is endorsed with a night rating, (i) conduct dual flight instruction in respect of the endorsement of a night rating on a pilot licence — balloon, and (ii) recommend a trainee for the endorsement of a night rating on the trainee’s pilot licence — balloon; (f) endorse a trainee’s personal log in respect of methods of inflation; and (g) conduct dual flight instruction in respect of the issuance of a pilot licence — balloon. SOR/2001-49, s. 25. Gyroplanes — Privileges 401.84 The holder of a flight instructor rating — gyroplane may (a) conduct flight instruction in respect of the issuance of a pilot permit — gyroplane or the endorsement of a type rating on such a permit; (b) authorize a trainee to conduct solo flight in a gyroplane; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XX — Flight Instructor Ratings — Glider, Balloon and Gyroplane Sections 401.84-401.85 (c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — gyroplane; (d) recommend a trainee for the endorsement of a type rating on the trainee’s pilot permit — gyroplane; (e) where the holder’s licence is endorsed with a night rating, (i) conduct flight training in respect of the endorsement of a night rating on a pilot permit — gyroplane, and (ii) recommend a trainee for the endorsement of a night rating on the trainee’s pilot permit — gyroplane; and (f) where the holder has acquired the experience and qualifications specified in the personnel licensing standards, (i) conduct ground school instruction and flight training in respect of the endorsement of a flight instructor rating — gyroplane on a pilot permit — gyroplane, (ii) recommend a trainee for a flight test for the endorsement of a flight instructor rating — gyroplane on a pilot permit — gyroplane, and (iii) conduct a flight test and recommend a trainee for (A) the issuance of a pilot permit — gyroplane, or (B) the endorsement of a pilot permit — gyroplane with a flight instructor rating — gyroplane. Period of Validity 401.85 (1) Flight instructor ratings — glider and balloon are valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 37 months. (2) A flight instructor rating — gyroplane is valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 13 months. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XX — Flight Instructor Ratings — Glider, Balloon and Gyroplane Sections 401.86-401.88 Renewal of Flight Instructor Ratings — Glider, Balloon and Gyroplane 401.86 The Minister shall renew a flight instructor rating — glider, balloon or gyroplane in accordance with the personnel licensing standards, where the holder of the rating continues to meet the requirements referred to in section 401.06 for the endorsement of the rating. Division XXI — Flight Instructor Rating — Ultra-Light Aeroplane Rating 401.87 The Minister shall endorse a pilot permit — ultra-light aeroplane with a flight instructor rating — ultralight aeroplane if the applicant for the rating meets the requirements referred to in section 401.06. Privileges 401.88 The holder of a flight instructor rating — ultralight aeroplane may (a) operate an ultra-light aeroplane with one other person on board if the holder has not less than 10 hours of flight time as a pilot of an ultra-light aeroplane with the same control configuration and the flight is conducted for the purpose of providing dual flight instruction for (i) the issuance of a pilot permit — ultra-light aeroplane, (ii) the endorsement of a pilot permit — ultra-light aeroplane with a passenger-carrying rating, or (iii) the endorsement of a pilot permit — ultra-light aeroplane with a flight instructor rating — ultralight aeroplane; (b) authorize the holder of a student pilot permit — ultra-light aeroplane to conduct a solo flight in an ultra-light aeroplane; (c) conduct ground school instruction for the endorsement of a pilot permit — ultra-light aeroplane with a flight instructor rating — ultra-light aeroplane; (d) certify that an applicant has demonstrated the ability to meet the level of competency specified in the personnel licensing standards for Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XXI — Flight Instructor Rating — Ultra-Light Aeroplane Sections 401.88-401.92 (i) the issuance of a pilot permit — ultra-light aeroplane, or (ii) the endorsement of a pilot permit — ultra-light aeroplane with a flight instructor rating — ultralight aeroplane; and (e) recommend an applicant for a flight test for the issuance of a passenger-carrying rating. SOR/2005-319, s. 5. Period of Validity 401.89 A flight instructor rating — ultra-light aeroplane is valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 61 months. SOR/2001-49, s. 26. Renewal of Flight Instructor Rating — Ultra-light Aeroplane 401.90 The Minister shall renew a flight instructor rating — ultra-light aeroplane in accordance with the personnel licensing standards where the holder of the rating continues to meet the requirements referred to in section 401.06 for the endorsement of the rating. SOR/2003-129, s. 8(E). Division XXII — Flight Instructor Rating — Aeroplane — Aerobatic Rating 401.91 The Minister shall endorse a commercial pilot licence — aeroplane or an airline transport pilot licence — aeroplane with a Class 1 or Class 2 flight instructor rating — aeroplane — aerobatic if the applicant for the rating meets the requirements referred to in section 401.06. Class 2 Rating — Privileges 401.92 The holder of a Class 2 flight instructor rating — aeroplane — aerobatic may (a) conduct flight instruction in the performance of aerobatic manoeuvres; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 1 — Flight Crew Permits, Licences and Ratings Division XXII — Flight Instructor Rating — Aeroplane — Aerobatic Sections 401.92-401.95 (b) certify a licensed pilot’s personal log with respect to competency to perform aerobatic manoeuvres. Class 1 Rating — Privileges 401.93 The holder of a Class 1 flight instructor rating — aeroplane — aerobatic may (a) exercise the privileges of a Class 2 flight instructor rating — aeroplane — aerobatic; (b) provide ground school and flight instruction in respect of the endorsement of a licence with a flight instructor rating — aeroplane — aerobatic; and (c) recommend a trainee for a flight test in respect of the endorsement of the trainee’s licence with a flight instructor rating — aeroplane — aerobatic. Division XXIII — Flight Instructor Rating — Glider — Aerobatic Rating 401.94 The Minister shall endorse a licence endorsed with a flight instructor rating — glider with a flight instructor rating — glider — aerobatic if the applicant for the flight instructor rating — glider — aerobatic meets the requirements referred to in section 401.06. Privileges 401.95 The holder of a flight instructor rating — glider — aerobatic may (a) provide, in a glider, flight instruction in the performance of aerobatic manoeuvres; (b) provide dual flight instruction to the holder of a flight instructor rating — glider in respect of the endorsement of the holder’s licence with an aerobatic rating — glider; and (c) recommend the holder of a flight instructor rating — glider for the endorsement of an aerobatic rating — glider on the holder’s licence. [401.96 to 401.99 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 2 — Air Traffic Controller Licences and Ratings Sections 402.01-402.03 Subpart 2 — Air Traffic Controller Licences and Ratings Division I — General Interpretation 402.01 (1) In this Subpart, proficiency check means an assessment of the operational knowledge, skill and judgement of the holder of, or an applicant for, an air traffic control licence or rating, with respect to the provision of the requisite air traffic services relating to that licence or rating at an operational location. (2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Air Traffic Controller Licences and Ratings. Application 402.02 This Subpart applies to persons who hold an air traffic controller licence or who apply for the issuance of such a licence or the endorsement of such a licence with a rating. Issuance and Endorsement of Air Traffic Controller Licences and Ratings 402.03 (1) Subject to section 6.71 of the Act and subsections (3) and (4), the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue an air traffic controller licence or endorse the applicant’s air traffic controller licence with a rating where the applicant provides documentation to the Minister that establishes (a) the applicant’s citizenship; and (b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of (i) minimum age, (ii) medical fitness, (iii) knowledge, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 2 — Air Traffic Controller Licences and Ratings Division I — General Section 402.03 (iv) experience. (v) [Repealed, SOR/2008-122, s. 2] (1.1) An application shall also include (a) one photograph of the applicant that meets the requirements of subsection 422.03(3) of the personnel licensing standards; and (b) documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English, or both English and French, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 422.03(4) of the personnel licensing standards. (2) The Minister may specify in an air traffic controller licence any condition in respect of the exercise of the privileges of the licence or the privileges of a rating endorsed on the licence, if the condition is required to ensure aviation safety, including any condition in respect of (a) the training of the licence holder; (b) the supervision of the licence holder; (c) the equipment that the licence holder may use; or (d) the operational location at which the licence holder may exercise the privileges of the holder’s air traffic controller licence. (3) Where air traffic control services are provided at an operational location in English only, the Minister shall not endorse an air traffic controller licence with a rating for that operational location unless the applicant has passed an examination that demonstrates that the applicant is sufficiently competent in the use of that language to be able to engage in two-way radiocommunication involving the exchange of safety and control messages. (4) Where air traffic control services are provided at an operational location in both official languages, the Minister shall not endorse an air traffic controller licence with a rating for that operational location unless the applicant has passed an examination that demonstrates that the applicant is sufficiently competent in the use of both official languages to be able to engage in two-way radiocommunication involving the exchange of safety and control messages. SOR/2008-122, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 2 — Air Traffic Controller Licences and Ratings Division I — General Sections 402.04-402.06 Prohibitions 402.04 (1) No person shall act as an air traffic controller or exercise the privileges of an air traffic controller licence unless (a) the person holds an air traffic controller licence endorsed with a rating appropriate to the privileges being exercised and with the appropriate operational location; (b) the licence is valid; (c) the person holds a valid Category 1 or 2 medical certificate; and (d) the person can produce the licence and certificate when exercising those privileges. (2) Paragraph (1)(a) does not apply to a person who, while under supervision, acts as an air traffic controller or exercises the privileges of an air traffic controller licence when undergoing (a) instruction, training or testing in respect of an air traffic controller licence; or (b) ATC unit familiarization in the course of the person’s employment. SOR/2010-26, s. 5. Recency Requirements 402.05 The holder of an air traffic controller licence shall not exercise the privileges of that licence at an air traffic control unit unless the holder has successfully completed a proficiency check within the preceding 12 months. Provisional Licences and Ratings 402.06 (1) Where an applicant for an air traffic controller licence or for the endorsement of such a licence with a rating meets the applicable requirements set out in the personnel licensing standards, the Minister shall, as appropriate, (a) issue a provisional air traffic controller licence to the applicant endorsed with a rating appropriate to the functions to be exercised and with the appropriate operational location; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 2 — Air Traffic Controller Licences and Ratings Division I — General Sections 402.06-402.08 (b) endorse the applicant’s air traffic controller licence with a provisional rating for the appropriate operational location. (2) A provisional air traffic controller licence or rating remains in effect until the earlier of (a) the date of issuance of an air traffic controller licence by the Minister pursuant to section 402.03, and (b) a date 90 days after the issuance of the provisional air traffic controller licence or the endorsement of an air traffic controller licence with a provisional rating. Privileges 402.07 The holder of an air traffic controller licence may, in accordance with Part VIII, the personnel licensing standards and the Canadian Domestic Air Traffic Control Separation Standards, provide or supervise air traffic control services to (a) airport traffic at any operational location for which the licence is endorsed with an airport control rating; (b) aircraft at any operational location for which the licence is endorsed with a terminal control rating, an area control rating or an oceanic control rating; or (c) airshow traffic at the operational location in respect of which a special flight operations certificate has been issued by the Minister pursuant to section 603.67. Validity of Air Traffic Controller Licences 402.08 (1) An air traffic controller licence that is issued in the form of a booklet label is not valid unless (a) the label is affixed in an aviation document booklet; (b) the booklet number displayed on the label matches the number of the booklet; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 2 — Air Traffic Controller Licences and Ratings Division I — General Sections 402.08-402.16 (c) the booklet is signed by the holder. (2) The validity period of an air traffic controller licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed. (3) The expiry date of an aviation document booklet that has an air traffic controller licence affixed in it is (a) the first day of the sixty-first month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or (b) the first day of the sixty-first month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation. (4) [Repealed, SOR/2021-152, s. 6] SOR/2010-26, s. 6; SOR/2021-152, s. 6. Language Proficiency Evaluations 402.09 If the documentation included with an application for an air traffic controller licence that was issued in the form of a booklet label establishes that the holder demonstrated an operational level ability during their language proficiency evaluation, the holder shall, for the purposes of renewing the licence, be evaluated again within the six months preceding the expiry date of the aviation document booklet in which it is affixed. SOR/2010-26, s. 6. [402.10 to 402.15 reserved] Division II — Training Records Training Records 402.16 The manager of an ATC unit shall (a) maintain, on a form provided by the Minister, a training record for each person undergoing training at the ATC unit for the purpose of obtaining a rating or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 2 — Air Traffic Controller Licences and Ratings Division II — Training Records Sections 402.16-403.02 operational location endorsement in respect of the ATC unit; (b) enter the licence number of the training officer or supervisor in the training record and certify that any information entered in the record is correct by signing and dating the entry and any amendment thereto; (c) at the request of any person who is undergoing or has undergone training at the ATC unit, provide a copy of the person’s training record to the person; and (d) at the request of the Minister, provide the Minister with a copy of the training record of any person who is undergoing or has undergone training at the ATC unit and who holds an air traffic controller licence. [402.17 reserved] Subpart 3 — Aircraft Maintenance Engineer Licences and Ratings Division I — General Application 403.01 This Subpart applies to (a) holders of an aircraft maintenance engineer (AME) licence and applicants for the issuance or renewal of such a licence; and (b) approved training organizations that provide aircraft maintenance training courses, and persons applying to become approved training organizations. Requirement to Hold AME Licence 403.02 (1) Subject to subsection (2), no person shall exercise the privileges of an aircraft maintenance engineer (AME) licence unless the person (a) holds an AME licence issued pursuant to this Subpart; (b) exercises the privileges in accordance with the ratings and any limitations endorsed on the licence; and (c) exercises the privileges in accordance with Part V. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 3 — Aircraft Maintenance Engineer Licences and Ratings Division I — General Sections 403.02-403.05 (2) A person who does not meet the conditions specified in subsection (1) may sign a maintenance release if the person holds a restricted certification authority issued pursuant to Part V. Issuance and Endorsement of AME Licence 403.03 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in Chapter 566 of the Airworthiness Manual, issue an aircraft maintenance engineer (AME) licence to the applicant or endorse the applicant’s AME licence with a rating, where the applicant provides documentation to the Minister that establishes (a) the applicant’s citizenship; and (b) that the applicant meets the requirements set out in Chapter 566 of the Airworthiness Manual in respect of (i) minimum age, (ii) training, (iii) knowledge, (iv) experience, and (v) skill. Validity Period of AME Licence 403.04 Subject to section 403.05, an aircraft maintenance engineer (AME) licence is valid for the period specified in the licence. Recency Requirements 403.05 (1) No holder of an aircraft maintenance engineer (AME) licence shall exercise the privileges of the licence unless (a) the licence was issued within the preceding 24 months; or (b) the holder of the licence has, for at least six months within the preceding 24 months, (i) performed aircraft maintenance, (ii) supervised the performance of aircraft maintenance, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 3 — Aircraft Maintenance Engineer Licences and Ratings Division I — General Sections 403.05-404.01 (iii) supervised in an executive capacity the performance of aircraft maintenance, or (iv) served as an aviation maintenance instructor or supervised another aviation maintenance instructor in an aircraft maintenance training course provided by an approved training organization. (2) The holder of an AME licence who is not in compliance with subsection (1) shall regain currency in accordance with the standards set out in Chapter 566 of the Airworthiness Manual prior to exercising the privileges of the licence. [403.06 and 403.07 reserved] Division II — Approved Training Organizations Approved Training Organizations 403.08 (1) No person shall provide aircraft maintenance training courses as an approved training organization unless the person holds an approved training organization certificate. (2) The Minister shall issue an approved training organization certificate to a person who (a) makes an application for a certificate; and (b) meets the standards respecting training courses, facilities and instructors that are applicable to the training to be provided, as set out in Chapter 566 of the Airworthiness Manual. (3) The Minister shall approve a policy manual or a training control manual and any amendments to that manual if the manual and amendments meet the requirements of Standard 566 — Aircraft Maintenance Engineer Licensing and Training. SOR/2003-154, s. 3. [403.09 to 403.11 reserved] Subpart 4 — Medical Requirements Division I — General Interpretation 404.01 (1) In this Subpart, CAME means a Civil Aviation Medical Examiner appointed by the Minister to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division I — General Sections 404.01-404.04 conduct medical examinations of applicants for the issuance or renewal of medical certificates pursuant to subsection 404.04(1). (2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Medical Requirements. Application 404.02 This Subpart applies to (a) persons who hold or who apply for the issuance or renewal of a medical certificate for the purpose of exercising the privileges of a permit, licence or rating referred to in section 404.10; and (b) the physicians referred to in section 404.16. Division II — Medical Certificate Requirement to Hold a Medical Certificate 404.03 (1) No person shall exercise or attempt to exercise the privileges of a permit, licence or rating unless the person holds a valid medical certificate of a category that is appropriate for that permit, licence or rating, as specified in section 404.10. (2) A medical certificate that is issued in the form of a booklet label is not valid unless (a) the label is affixed in an aviation document booklet; (b) the booklet number displayed on the label matches the number of the booklet; and (c) the booklet is signed by the holder. SOR/2010-26, s. 7. Issuance, Renewal, Validity Period and Extension of a Medical Certificate [SOR/2008-140, s. 4] 404.04 (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division II — Medical Certificate Section 404.04 (a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit — recreational, pilot or student pilot permit — ultra-light aeroplane, a pilot licence — glider or student pilot permit — glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or (b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards. (1.1) A medical certificate is also renewed if it is signed, dated and stamped in accordance with paragraph 404.18(a). (2) The Minister (a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards; (b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and (c) may suspend, or refuse to issue or renew, the applicant’s medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date. (3) The Minister may (a) request the holder of a medical certificate to undergo, before a specified date, any medical tests or examinations or provide any additional medical information, as necessary to determine whether the holder continues to meet the medical fitness requirements specified in the personnel licensing standards; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division II — Medical Certificate Section 404.04 (b) suspend, or refuse to renew, the holder’s medical certificate if the holder fails to comply with the request referred to in paragraph (a) before the specified date. (4) A medical certificate is subject to any restrictions or limitations that have been endorsed on the certificate in accordance with subsection 404.05(2). (5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of (a) the end of the validity period set out in the table to subsection (6) for the certificate, (b) the end of any shorter validity period endorsed on the certificate by the Minister, and (c) the day on which a new medical certificate is issued to the holder. (6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older. TABLE Column 1 Item Permit, licence or rating Private pilot licence Pilot licence — glider Pilot licence — balloon Pilot permit — recreational Pilot permit — gyroplane Pilot permit — ultra-light aeroplane Flight instructor rating — glider Flight instructor rating — ultra-light aeroplane Passenger-carrying rating — ultra-light aeropla Flight engineer licence Air traffic controller licence Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division II — Medical Certificate Section 404.04 Column 1 Item Permit, licence or rating Student pilot permit TABLEAU Colonne 1 Article Licence, permis ou qualification Licence de pilote privé Licence de pilote — planeur Licence de pilote — ballon Permis de pilote — loisir Permis de pilote — autogire Permis de pilote — avion ultra-léger Qualification d’instructeur de vol — planeur Qualification d’instructeur de vol — avion ultra léger Qualification permettant le transport de passagers — avion ultra-léger Licence de mécanicien navigant Licence de contrôleur de la circulation aérienn Permis d’élève-pilote (6.1) The validity period of a medical certificate for a commercial pilot licence, a multi-crew pilot licence — aeroplane and an airline transport pilot licence, if the holder of the licence is acting as a flight crew member for hire or reward, is 12 months. (6.2) However, the validity period of a medical certificate referred to in subsection (6.1) is reduced to 6 months if (a) the holder of the licence is 40 years of age or older and is conducting a single-pilot operation with passengers on board; or (b) the holder of the licence is 60 years of age or older. (6.3) The holder of a commercial pilot licence or an airline transport pilot licence may exercise the privileges of a private pilot licence until the end of the applicable Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division II — Medical Certificate Section 404.04 validity period for the private pilot licence specified in subsection (6). (7) The end of the validity period of a medical certificate that is issued or renewed under subsection (1) is calculated from the first day of the month following (a) the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate; or (b) the day on which the medical examination for the issuance or renewal of the certificate is conducted. (8) The end of the validity period of a medical certificate that is renewed in accordance with subsection (1.1) is calculated from (a) the day on which the preceding validity period ends if the medical examination for the renewal of the certificate is conducted within 90 days before the end of that validity period; or (b) the first day of the month following the day on which the medical examination for the renewal of the certificate is conducted if the examination is conducted more than 90 days before the end of the preceding validity period. (9) The Minister shall endorse a shorter validity period on a medical certificate if (a) a physician referred to in section 404.16 recommends the shorter validity period in their medical report; and (b) it is warranted by the results of an assessment conducted in accordance with subsection 404.11(1). (10) Despite subsection (6), the Minister shall extend the validity period of a medical certificate for a period of not more than 60 days beginning on the day on which the certificate would otherwise expire, if (a) the application for extension of the certificate is made while the certificate is still valid; and (b) the applicant demonstrates that there has been no reasonable opportunity to undergo a medical examination within the 90 days before the day on which the certificate would otherwise expire. SOR/2007-229, s. 2; SOR/2008-140, s. 5; SOR/2014-15, s. 15; SOR/2019-201, s. 1. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division II — Medical Certificate Section 404.05 Medical Standards Flexibility — Limitations and Restrictions 404.05 (1) The Minister may, in accordance with the personnel licensing standards, issue a medical certificate to an applicant who does not meet the requirements referred to in subsection 404.04(1) where it is in the public interest and is not likely to affect aviation safety. (2) Where the Minister issues a medical certificate under subsection (1), the Minister shall endorse the certificate with any limitation or restriction that is necessary to ensure aviation safety. (3) The Minister may amend or remove any limitation or restriction referred to in subsection (2) when it is no longer required to ensure aviation safety. (4) The Minister may suspend or cancel a medical certificate if the applicant fails to comply with any limitation or restriction referred to in subsection (2). (5) Before issuing a medical certificate under subsection (1), the Minister may require an applicant to undergo any practical test in respect of the functions of a flight crew member or air traffic controller, as appropriate, or any medical examination that is necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards. (6) For the purposes of a practical test in respect of the functions of a flight crew member, the Minister may designate as a testing officer any person who holds (a) a flight crew licence endorsed with a flight instructor rating that is valid for the category of aircraft to be used during the practical test; or (b) a flight crew licence and has the qualifications required to conduct the practical test. (7) For the purposes of a practical test in respect of the functions of an air traffic controller, the test shall be conducted in an actual operational environment under the supervision of an Air Traffic Services manager, a regional aviation medical officer, an aviation medical officer or a CAME, in accordance with the procedures set out in the personnel licensing standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division II — Medical Certificate Section 404.06 Prohibition Regarding Exercise of Privileges 404.06 (1) Subject to subsection (3), no holder of a permit, licence or rating shall exercise the privileges of the permit, licence or rating if (a) one of the following circumstances exists and could impair the holder’s ability to exercise those privileges safely: (i) the holder suffers from an illness, injury or disability, (ii) the holder is taking a drug, or (iii) the holder is receiving medical treatment; (b) the holder has been involved in an aircraft accident that is wholly or partially the result of any of the circumstances referred to in paragraph (a); (c) the holder has entered the thirtieth week of pregnancy, unless the medical certificate is issued in connection with an air traffic controller licence, in which case the holder may exercise the privileges of the permit, licence or rating until the onset of labour; or (d) the holder has given birth in the preceding six weeks. (2) No holder of a permit, licence or rating who is referred to in paragraph (1)(b), (c) or (d) shall exercise the privileges of the permit, licence or rating unless (a) the holder has undergone a medical examination referred to in section 404.18; and (b) the medical examiner has indicated on the holder’s medical certificate that the holder is medically fit to exercise the privileges of the permit, licence or rating. (3) The Minister may, in writing, authorize the holder of a medical certificate to exercise, under the circumstances described in paragraph (1)(a) or (d), the privileges of the permit, licence or rating to which the medical certificate relates if such authorization is in the public interest and is not likely to affect aviation safety. [404.07 to 404.09 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division III — Medical Certificate Requirements Section 404.10 Division III — Medical Certificate Requirements Medical Certificate Requirements for Personnel Licences 404.10 (1) A Category 1 medical certificate is required for the following licences: (a) commercial pilot licence — aeroplane or helicopter; (b) multi-crew pilot licence — aeroplane; (c) airline transport pilot licence — aeroplane or helicopter; and (d) flight engineer licence. (2) A Category 1 or 2 medical certificate is required for an air traffic controller licence. (3) A Category 1 or 3 medical certificate is required for the following permits, licences and ratings: (a) student pilot permit — helicopter; (b) pilot permit — gyroplane; (b.1) student pilot permit — gyroplane or balloon; (c) private pilot licence — aeroplane or helicopter; (d) pilot licence — balloon; (e) flight instructor rating — glider; and (f) flight instructor rating — ultra-light aeroplane. (4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences: (a) student pilot permit - aeroplane; (b) pilot permit — recreational; (c) student pilot permit or pilot permit — ultra-light aeroplane; (d) student pilot permit — glider; and (e) pilot licence — glider. SOR/2007-229, s. 3; SOR/2014-15, s. 16. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division IV — Medical Fitness Sections 404.11-404.12 Division IV — Medical Fitness Minister’s Assessment 404.11 (1) The Minister shall assess any medical reports submitted pursuant to paragraph 404.17(b) to determine whether an applicant for the issuance or renewal of a medical certificate meets the medical fitness requirements set out in the personnel licensing standards that are necessary for the issuance or renewal of the medical certificate. (2) The Minister shall, by personal service or by registered mail sent to the applicant at the latest known address of the applicant, immediately (a) notify the applicant of the result of an assessment, and (b) in the case of an application for the renewal of a medical certificate, inform the applicant that the Minister will, no earlier than 30 days after the date that the applicant receives the notification, make a decision pursuant to subsection 7.1(1) of the Act, based on the result of the assessment. Reconsideration of Assessment 404.12 (1) An applicant for the renewal of a medical certificate who is assessed by the Minister as not meeting the requirements referred to in subsection 404.11(1) may, within 30 days after the date that the applicant receives the notification referred to in subsection 404.11(2), (a) request the Minister to reconsider the assessment; and (b) submit additional information to the Minister regarding the medical fitness of the applicant in support of the request. (2) Where the Minister is requested to reconsider an assessment pursuant to subsection (1), the Minister shall (a) take into consideration any additional information regarding the medical fitness of the applicant; and (b) immediately notify the applicant in writing of the result of the reconsideration of the assessment. [404.13 to 404.15 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division V — Medical Examiners Sections 404.16-404.18 Division V — Medical Examiners Authority to Conduct Medical Examinations 404.16 No physician shall conduct a medical examination of an applicant for the issuance or renewal of a medical certificate unless the physician conducts the medical examination in the region in which the physician is licensed to practise and (a) the physician is appointed by the Minister as a CAME; (b) where the applicant is a regular member of the Canadian Armed Forces or an air cadet, the physician is a Canadian Armed Forces flight surgeon; or (c) where the applicant resides or is examined in a contracting state other than Canada, the physician is authorized by the licensing authority of the contracting state to conduct such examinations. SOR/2007-229, s. 4; SOR/2021-152, s. 18. Responsibilities of Medical Examiner 404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall (a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards; and (b) submit a medical report to the Minister that specifies the results of the medical examination and contains, if warranted by those results, the physician’s recommendation that the medical certificate be restricted to a validity period that is shorter than the validity period set out in the table to subsection 404.04(6) for the certificate. SOR/2007-229, s. 5. Examination for Renewal of a Medical Certificate or for Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating 404.18 When the holder of a medical certificate undergoes a medical examination by a physician referred to in paragraph 404.16(a) or (b) for the purpose of renewing his or her certificate or obtaining permission to continue to exercise the privileges of his or her permit, licence or rating, the physician shall Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 4 — Medical Requirements Division V — Medical Examiners Sections 404.18-405.12 (a) sign and date the medical certificate and stamp it with his or her official stamp indicating that the holder is “fit” and return the medical certificate to the holder; or (b) advise the holder that he or she is “unfit” and return the medical certificate to the holder. SOR/2003-129, s. 9; SOR/2007-229, s. 6. Subpart 5 — Flight Training Division I — General Interpretation 405.01 (1) In this Subpart, Standard 425 — Flight Training means a publication concerning flight training. (2) Any reference in this Subpart to the personnel licensing standards is a reference to Standard 425 — Flight Training. SOR/2019-119, s. 47. Application 405.02 This Subpart applies in respect of the conduct of flight training using an aeroplane, helicopter, glider, balloon, gyroplane or ultra-light aeroplane. [405.03 to 405.10 reserved] Division II — Flight Training Program Flight Training Program 405.11 No person shall conduct flight training unless the flight training program is in accordance with the requirements of Subpart 1 in respect of (a) the initial issuance of a permit, licence or rating; (b) the renewal of a rating; and (c) a flight review. Flight Training Program Approval 405.12 Where a syllabus for a flight training program is not set out in the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 5 — Flight Training Division II — Flight Training Program Sections 405.12-405.21 Ratings, the Minister shall approve a proposed syllabus for a flight training program if the program meets those standards. Flight Training Program Outline 405.13 A person who conducts flight training using an aeroplane or helicopter shall provide to each trainee, at the time of commencing a flight training program referred to in section 405.11, a flight training program outline that meets the personnel licensing standards. Flight Training Program Requirements 405.14 Flight training that is conducted using an aeroplane or helicopter shall be conducted in accordance with the applicable flight instructor guide and flight training manual or equivalent document and the applicable training manual on human factors. [405.15 to 405.20 reserved] Division III — Personnel and Aircraft Qualifications of Flight Instructors 405.21 (1) No person shall conduct flight training or a flight review unless the person is qualified as a flight instructor in accordance with the personnel licensing standards. (2) In cases where a qualified gyroplane flight instructor is not available, a person may conduct the gyroplane training that has to be acquired to satisfy the experience requirement for the issuance of a pilot permit — gyroplane if the person obtains a written authorization from the Minister to conduct the training in accordance with subsection 421.84(4) of the personnel licensing standards. (3) A person who conducts flight training toward the issuance of an aircraft type rating may, in the case of training for a holder of a pilot permit — gyroplane, obtain a written authorization from the Minister to conduct the flight training in accordance with paragraph 425.21(7)(c) of the personnel licensing standards if the authorization is in the public interest and is not likely to affect aviation safety. (4) A person who conducts flight training toward the issuance of an aircraft type rating may, in the case of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 5 — Flight Training Division III — Personnel and Aircraft Sections 405.21-405.24 training for a holder of a student pilot permit — gyroplane, obtain a written authorization from the Minister to conduct the flight training in accordance with paragraph 425.21(7)(d) of the personnel licensing standards if the authorization is in the public interest and is not likely to affect aviation safety. (5) A person who conducts ground school instruction toward the issuance of a flight instructor rating may obtain a written authorization from the Minister to conduct the ground school instruction in accordance with the personnel licensing standards. SOR/2006-352, s. 13. Aircraft Familiarization 405.22 No person shall conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document. Training Aircraft Requirements 405.23 No person shall operate a training aircraft unless the aircraft meets the personnel licensing standards. Flight Training at Aerodrome 405.24 No person shall operate a training aircraft at an aerodrome unless the aerodrome is suitable for the aircraft (a) to be safely operated within the operating limitations and operational performance data specified in the aircraft flight manual or equivalent document (i) allowing for the actual aircraft weight and existing air temperature and wind conditions, (ii) with the power plant operation and landing gear and flap operation, if applicable, recommended by the manufacturer, and (iii) with smooth transition from take-off to the best rate-of-climb speed using normal piloting skills; and (b) in the case of a helicopter, to carry out normal transitions from the hover to forward flight and from forward flight to the hover. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 5 — Flight Training Division III — Personnel and Aircraft Sections 405.31-405.33 [405.25 to 405.30 reserved] Division IV — Flight Training Operations Training Flight Briefings 405.31 No person shall commence a training flight unless the trainee has received from the flight instructor (a) a pre-flight briefing; and (b) where new flight exercises are to be conducted during the flight, preparatory ground instruction. Authorization of Training Flight 405.32 Before the commencement of a training flight, the flight instructor who will conduct or supervise the training shall (a) authorize the training flight; and (b) receive an acknowledgement of that authorization from the trainee. Pilot Training Record 405.33 (1) A person who conducts flight training for the issuance of a private pilot licence, a commercial pilot licence or a flight instructor rating — aeroplane or helicopter shall, for each trainee, maintain a pilot training record that meets the personnel licensing standards. (2) On request from a trainee receiving training for the purposes referred to in subsection (1), the person responsible for maintaining the trainee’s pilot training record shall (a) certify the accuracy of the entries; and (b) provide the trainee with the record. (3) When a trainee has completed flight training, including all of the tests and written examinations required pursuant to Subpart 1, the person who conducted the flight training shall forward the trainee’s pilot training record to the Minister. [405.34 to 405.40 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Sections 406.01-406.02 Subpart 6 — Flight Training Units Division I — General Interpretation 406.01 (1) In this Subpart, Personnel Licensing and Training Standards respecting Flight Training Units means a publication concerning flight training units. (2) Any reference in this Subpart to the personnel licensing standards is a reference to Standard 426 – Personnel Licensing and Training – Flight Training Units. SOR/2005-173, s. 9. Application 406.02 This Subpart applies in respect of the operation of an aeroplane, helicopter, glider, balloon, gyroplane or ultra-light aeroplane in a flight training service toward obtaining any of the following: (a) for aeroplanes, (i) a private pilot licence, (ii) a commercial pilot licence, (iii) a landplane or seaplane rating, (iv) a flight instructor rating, (v) a flight instructor rating — aerobatic, (vi) an instrument rating, (vii) a multi-engine class rating, (viii) a night rating, (ix) a VFR over-the-top rating, (x) a pilot permit — recreational, or (xi) experience in aerobatic manoeuvres; (b) for helicopters, (i) a private pilot licence, (ii) a commercial pilot licence, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division I — General Section 406.02 (iii) a flight instructor rating, (iv) an instrument rating, (v) a night rating, (vi) a VFR over-the-top rating, or (vii) a pilot permit — recreational; (c) for gliders, (i) a pilot licence, (ii) a flight instructor rating, (iii) a flight instructor rating — aerobatic, or (iv) experience in aerobatic manoeuvres; (d) for balloons, (i) a pilot licence, (ii) a flight instructor rating, or (iii) a night rating; (e) for gyroplanes, (i) a pilot permit, (ii) a flight instructor rating, or (iii) a night rating; and (f) for ultra-light aeroplanes, (i) a pilot permit, (ii) a flight instructor rating, or (iii) a passenger-carrying rating. SOR/2005-319, s. 6; SOR/2006-352, s. 14. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division I — General Section 406.03 Requirement to Hold a Flight Training Unit Operator Certificate 406.03 (1) Subject to subsections (2) and (3), no person shall operate a flight training service in Canada using an aeroplane or helicopter in Canada unless the person holds a flight training unit operator certificate that authorizes the person to operate the service and complies with the conditions and operations specifications set out in the certificate. (2) A person who does not hold a flight training unit operator certificate may operate a flight training service if (a) the person holds a private operator registration document or an air operator certificate, the aircraft used for training — in the case of the holder of an air operator certificate — is specified in the air operator certificate, and the training is other than toward obtaining a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating; or (b) the trainee is (i) the owner, or a member of the family of the owner, of the aircraft used for training, (ii) a director of a corporation that owns the aircraft used for training, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence, or (iii) using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence. (3) In the case of flight training conducted under subparagraph (2)(b)(iii), the flight instructor shall (a) notify the Minister in writing of (i) the name and address of the person to receive the training, (ii) the registration of the aircraft to be used, (iii) the type of training to be conducted, (iv) the location of the training operations, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division I — General Sections 406.03-406.05 (v) the name and licence number of the flight instructor; and (b) provide the information to the Minister (i) prior to commencing training operations, (ii) within 10 working days after any change to the information, and (iii) when the training is discontinued. SOR/2003-129, s. 10; SOR/2014-131, s. 10. Eligibility to Hold a Flight Training Unit Operator Certificate 406.04 A person is eligible to hold a flight training unit operator certificate if the person is (a) a Canadian; or (b) a citizen, permanent resident or corporation of the United States of America or Mexico. Notification Requirement 406.05 (1) No person shall operate a flight training unit using a glider, balloon, gyroplane or ultra-light aeroplane in Canada unless the person notifies the Minister in writing of (a) the legal name, trade name and address of the operator of the flight training unit; (b) the base of operations; (c) the category of aircraft; (d) the type of flight training to be conducted; and (e) the name of the flight instructor who will be responsible for operational control of the flight training operations. (2) The information referred to in subsection (1) shall be provided to the Minister by the flight training unit (a) prior to commencing flight training operations; (b) within 10 working days after any change in the information; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division I — General Sections 406.05-406.11 (c) upon the service being discontinued. [406.06 to 406.10 reserved] Division II — Certification Issuance or Amendment of a Flight Training Unit Operator Certificate 406.11 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue or amend a flight training unit operator certificate where the applicant demonstrates to the Minister the ability to (a) maintain an adequate organizational structure; (b) maintain operational control; (c) comply with maintenance requirements; (d) meet the personnel licensing standards; and (e) 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 are employed on a fulltime basis and who perform the duties related to the following positions: (i) chief flight instructor, (ii) flight instructor, (iii) ground instructor, and (iv) if the applicant does not hold an approved maintenance organization certificate, a maintenance manager; (c) aircraft that are properly equipped for and flight crew members who are qualified for the type of flight training that is being conducted; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division II — Certification Sections 406.11-406.12 (d) an operational control system that meets the requirements of section 406.50; (e) a training program that meets the requirements of this Subpart; (f) legal custody and control of at least one aircraft or, in the case of an applicant for a flight training unit operator certificate who conducts an integrated course, one aircraft of each class of aircraft that is to be operated; (g) in the case of an applicant for a flight training unit operator certificate who conducts an integrated course or who operates a sub-base, a flight training operations manual that meets the requirements of section 406.61 and, in the case of an applicant who conducts an integrated course, a training manual that meets the requirements of section 406.62; and (h) a maintenance control system approved under this Subpart. SOR/2006-352, s. 15. Contents of a Flight Training Unit Operator Certificate 406.12 A flight training unit operator certificate shall contain the following information: (a) the legal name, trade name and address of the flight training unit; (b) the number of the certificate; (c) the effective date of certification; (d) the date of issue of the certificate; (e) the general conditions identified in section 406.13; (f) specific conditions with respect to (i) the main base and, if applicable, for flight training units conducting training in accordance with a flight training operations manual, sub-bases, (ii) the class and type of aeroplane or the type of helicopter, and (iii) the type of training authorized; and (g) where the flight training unit complies with the personnel licensing standards, operations specifications with respect to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division II — Certification Sections 406.12-406.13 (i) in the case of a flight training unit that operates aeroplanes or helicopters, the conduct of flight training operations on a temporary basis at a satellite base, and (ii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety. SOR/2006-352, s. 16. General Conditions of a Flight Training Unit Operator Certificate 406.13 A flight training unit operator certificate shall contain the following general conditions: (a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(1)(a); (b) the flight training unit shall have the personnel referred to in the personnel licensing standards; (c) the flight training unit shall have aircraft that are properly equipped for the geographic area of operation and the type of authorized training; (d) the flight training unit shall maintain its aircraft in accordance with the maintenance requirements of Parts V and VI and Division IV of this Subpart; (e) the flight training unit shall conduct flight training in accordance with the provisions of Subpart 5 and Division V of this Subpart and, if the flight training unit conducts an integrated course or operates a sub-base, it shall also conduct flight training in accordance with the flight training operations manual; (f) the flight training unit shall, when required to establish and maintain a training manual in accordance with section 406.62, conduct training in accordance with that training manual; and (g) the flight training unit shall notify the Minister of any change in its legal name, trade name, base of operations or managerial personnel within 10 working days after the change. (h) [Repealed, SOR/2015-160, s. 19] SOR/2001-49, s. 27; SOR/2006-352, s. 17; SOR/2015-160, s. 19. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division II — Certification Sections 406.14-406.19 Quality Assurance Program — Integrated Course 406.14 A flight training unit that conducts an integrated course shall establish and maintain a quality assurance program that meets the requirements of section 426.14 of the personnel licensing standards in order to ensure that the flight training unit continues to comply with the conditions and specifications in the flight training unit operator certificate. SOR/2006-352, s. 18; SOR/2015-160, s. 20. [406.15 to 406.18 reserved] Division III — Personnel Duties of Certificate Holder in Respect of Maintenance 406.19 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall (a) appoint a person responsible for the maintenance control system; (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations; (c) ensure that the person responsible for the maintenance control system demonstrates to the Minister knowledge of the topics set out in subsection 426.36(1) of the personnel licensing standards within 30 days after their appointment; (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 406.36(1) and 406.47(2) and (3); (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the flight training unit operator certificate meets the requirements of these Regulations; (f) authorize the person responsible for the maintenance control system to remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; and (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 406.47. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division III — Personnel Sections 406.19-406.21 (2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(c). (3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview. (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or (b) the holder of an aircraft maintenance engineer (AME) licence. (5) The holder of a flight training unit operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for (a) an offence under section 7.3 of the Act; or (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence. SOR/2005-173, s. 11. [406.20 reserved] Appointment of Chief Flight Instructor 406.21 (1) Subject to subsections (3) and (4), a flight training unit shall (a) appoint a chief flight instructor; and (b) ensure that the person appointed as chief flight instructor meets the requirements set out in section 406.22. (2) A flight training unit shall inform the Minister within 10 working days after (a) the appointment of a chief flight instructor; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division III — Personnel Sections 406.21-406.22.1 (b) any change in the appointment of a chief flight instructor. (3) With the authorization of the Minister, a flight training unit may, for a period of up to 60 days, continue flight training operations without a chief flight instructor if the flight training unit complies with the personnel licensing standards. (4) With the authorization of the Minister, a flight training unit may, for a period of up to six months, continue flight training operations with a chief flight instructor who is subject to a prohibition regarding the exercise of the privileges of a permit, licence or rating pursuant to section 404.06, if the flight training unit complies with the personnel licensing standards. SOR/2006-352, s. 19. Requirements for Chief Flight Instructor 406.22 No person shall act as a chief flight instructor unless the person (a) has the qualifications required for the position, as set out in the personnel licensing standards; and (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as set out in the personnel licensing standards. Requirements for Assistant Chief Flight Instructor 406.22.1 No flight training unit shall appoint a person as an assistant chief flight instructor and no person shall act as an assistant chief flight instructor unless the person (a) has the qualifications required for the position, as set out in the personnel licensing standards; and (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor. SOR/2006-352, s. 20. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division III — Personnel Sections 406.22.2-406.25 Appointment of Check Instructor 406.22.2 A flight training unit conducting an integrated course in accordance with Division VIII of this Subpart shall (a) appoint a check instructor; and (b) ensure that the person appointed as check instructor meets the requirements set out in section 406.22.3. SOR/2006-352, s. 20. Requirements for Check Instructor 406.22.3 No person shall act as a check instructor unless the person is a chief flight instructor or (a) has the qualifications required for the position, as set out in the personnel licensing standards; and (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor. SOR/2006-352, s. 20. Appointment of Flight Instructors 406.23 No flight training unit shall appoint a person as a flight instructor unless the person is qualified in accordance with section 405.21. Requirements for Ground Instructors 406.24 No flight training unit shall appoint a person as a ground instructor and no person shall act as a ground instructor unless the person holds a flight instructor rating in the appropriate category or meets the personnel licensing standards. SOR/2006-352, s. 21. Operational Personnel Records 406.25 A flight training unit shall, at its main base or sub-base, as applicable, establish, maintain and retain for at least two years after an entry is made, for each ground instructor, each flight instructor and every other member Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division III — Personnel Sections 406.25-406.32 of its operational personnel, a record that meets the personnel licensing standards. SOR/2006-352, s. 21. Aircraft Familiarization 406.26 No flight training unit shall assign a person to conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document. [406.27 to 406.30 reserved] Division IV — Aircraft Aircraft Registration Requirements 406.31 No flight training unit that is a person described in paragraph 406.04(a) shall operate an aircraft in a flight training service in Canada unless (a) the aircraft is registered in Canada under Division II of Subpart 2 of Part II or in another contracting state; (b) where the aircraft is registered in another contracting state, the Minister has authorized its operation; and (c) in the case of an aircraft other than an ultra-light aeroplane, the aircraft type is approved for operation in Canada. SOR/2001-49, s. 28. Aircraft Flight Authority 406.32 No flight training unit shall operate an aircraft in a flight training service unless (a) in the case of a flight training unit that operates an aeroplane or a helicopter, a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft pursuant to section 507.02; (b) in the case of a flight training unit that operates a glider, a balloon or a gyroplane, a flight authority has been issued for the aircraft pursuant to Subpart 7 of Part V; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.32-406.36 (c) the aircraft meets the requirements of section 405.23. Safety Belt and Shoulder Harness Requirements 406.33 No flight training unit shall operate an aeroplane or a helicopter unless each front seat, or each seat occupied by a trainee or flight instructor, is equipped with a safety belt that includes a shoulder harness. Checklists 406.34 For the purpose of establishing safe aircraft operating procedures, a flight training unit that operates an aeroplane or a helicopter shall establish and make readily available to each flight crew member on board the aircraft the checklist referred to in section 602.60 for each aircraft type that it operates. Maintenance Control System 406.35 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with a maintenance control system that (a) consists of policies and procedures regarding the maintenance of aircraft operated by the flight training unit; (b) meets the requirements of this Subpart; and (c) is described in the flight training unit’s maintenance control manual (MCM). Person Responsible for Maintenance Control System 406.36 (1) The person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) shall, where a finding resulting from a quality assurance program established under section 406.47 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 (2) or (3), communicate any determination regarding a corrective action to that person; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.36-406.37 (d) notify the accountable executive of any systemic deficiency and of the corrective action taken. (2) The person responsible for the maintenance control system may assign the management functions for the entire quality assurance program established under section 406.47, including the authority to remove aircraft from operation under paragraph 406.19(1)(f), to another person if (a) that person meets the requirements set out in paragraphs 406.19(1)(b) and (c) and subsection 406.19(5); and (b) the assignment and its scope are described in the maintenance control manual (MCM) of a flight training unit that operates an aeroplane or a helicopter. (3) The person responsible for the maintenance control system may assign the management functions for specific maintenance control activities, including the authority to remove aircraft from operation under paragraph 406.19(1)(f), to another person if the assignment and its scope are described in the MCM of a flight training unit that operates an aeroplane or a helicopter. (4) The responsibility of the person responsible for the maintenance control system is not affected by the assignment to another person of management functions under subsection (2) or (3). (5) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the maintenance control system at the flight training unit shall (a) be the person responsible for maintenance at the AMO appointed under section 573.03; and (b) meet the requirements referred to in paragraph 406.19(1)(b), subsection 406.19(5) and paragraph 573.03(1)(c). SOR/2005-173, s. 12. Maintenance Personnel and Facilities 406.37 A flight training unit shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the personnel licensing standards that are necessary for compliance with this Subpart. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.37-406.38 Maintenance Control Manual 406.38 (1) A flight training unit that operates an aeroplane or a helicopter shall (a) establish and submit to the Minister for approval a maintenance control manual that contains the information set out in the personnel licensing standards; (b) except where otherwise authorized by the Minister in writing where it is demonstrated that the granting of the authorization will not jeopardize the safety of the service, authorize the use of its maintenance control manual and comply with the policies and procedures contained therein; (c) take steps to ensure that a copy of its maintenance control manual, or of the relevant portions of its maintenance control manual, is made available to each person who performs or certifies a function that is dealt with in the maintenance control manual or in any manual that is incorporated in the maintenance control manual pursuant to subsection (2); (d) submit amendments to its maintenance control manual to the Minister for approval when instructed to do so by the Minister, where (i) the maintenance control manual does not meet the requirements of this Subpart, or (ii) the maintenance control manual contains policies or procedures, or a lack thereof, such that the flight training unit’s maintenance control system no longer meets the requirements of these Regulations; and (e) insert amendments to its maintenance control manual into each copy of the manual within 30 days after approval of the amendments pursuant to paragraph (d). (2) The Minister may authorize the incorporation by reference in a maintenance control manual of detailed procedures manuals prepared by the flight training unit, where (a) the policies affecting the detailed procedures remain in the maintenance control manual; (b) the incorporation is clearly indicated in the maintenance control manual; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.38-406.39 (c) the flight training unit ensures that the incorporated manuals meet the requirements of this section; and (d) the person responsible for the flight training unit’s maintenance control system, or the person to whom this function has been assigned pursuant to subsection 406.36(3), has certified in writing that the incorporated manuals meet the requirements of this section. (3) The Minister shall approve a maintenance control manual and any amendments to the manual, where the personnel licensing standards are met. SOR/2000-49, s. 1. Maintenance Arrangements 406.39 (1) No flight training unit that operates an aeroplane or a helicopter shall permit a person or organization to perform maintenance on the flight training unit’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and (a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 that is rated in the category for the maintenance to be performed; (b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an approved maintenance organization (AMO) certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or (c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations. (2) A flight training unit that operates an aeroplane or a helicopter shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.39-406.41 (a) specifies the maintenance required and clearly defines the tasks to be performed; and (b) is made in accordance with the procedures governing maintenance arrangements included in the maintenance control manual or is approved by the Minister as being in conformity with these Regulations. (3) Where a flight training unit that operates an aeroplane or a helicopter makes a maintenance arrangement referred to in paragraph (1)(b), the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the personnel licensing standards: (a) the issuance of a maintenance specification is either required by the agreement or requested by the foreign state; or (b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed. Technical Dispatch Procedures 406.40 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with policies and procedures to ensure that an aircraft is not operated unless it is (a) airworthy; (b) appropriately equipped, configured and maintained for its intended use; and (c) maintained in accordance with the flight training unit’s maintenance control manual. Defect Rectification and Control Procedures [SOR/2000-49, s. 2] 406.41 A flight training unit that operates an aeroplane or a helicopter shall include in its maintenance control system the procedures referred to in the personnel licensing standards for (a) recording aircraft defects; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.41-406.45 (b) ensuring that defects are rectified in accordance with the requirements of these Regulations; (c) detecting defects that recur and identifying those defects as recurring defects; and (d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred. SOR/2019-119, s. 17. Service Difficulty Reporting 406.42 The holder of a flight training unit operator certificate who operates an aeroplane or a helicopter shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates. SOR/2009-280, s. 22. Elementary Work 406.43 No flight training unit that operates an aeroplane or a helicopter shall authorize a person to perform, without supervision, a task that is elementary work set out in section 605.85 unless the person (a) has satisfactorily completed training for the task under a training program required by section 406.45; and (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3. Servicing 406.44 A flight training unit that operates an aeroplane or a helicopter shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 406.45, for the servicing to be performed. Training Program 406.45 A flight training unit that operates an aeroplane or a helicopter shall implement a training program to ensure that persons who are authorized to perform a function under this Division are trained in respect of the regulations, standards and flight training unit procedures Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.45-406.47 applicable to that function, as specified in the personnel licensing standards. Maintenance Personnel Records 406.46 (1) A flight training unit that operates an aeroplane or a helicopter shall establish, maintain and retain for at least two years after an entry is made a record of maintenance personnel that meets the personnel licensing standards. (2) Where an authorization is given or training is completed, the flight training unit shall provide a copy of each record required by subsection (1) to the person to whom the record refers. Quality Assurance Program 406.47 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall, in order to ensure that its maintenance control system and all of the included maintenance schedules continue to be effective and to comply with these Regulations, establish and maintain a quality assurance program that (a) is under the sole control of (i) the person responsible for the maintenance control system appointed under paragraph 406.19(1)(a), or (ii) the person to whom the management functions for the program have been assigned under subsection 406.36(2); and (b) meets the requirements of section 426.47 of the personnel licensing standards. (2) The person responsible for the maintenance control system shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance control manual (MCM). (3) The person responsible for the maintenance control system shall establish an audit system in respect of a quality assurance program that consists of the following: (a) an initial audit within 12 months after the date on which the flight training unit operator certificate is issued; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division IV — Aircraft Sections 406.47-406.50 (b) subsequent audits conducted at intervals set out in the MCM; (c) a record of each occurrence of compliance or noncompliance with the MCM found during an audit referred to in paragraph (a) or (b); (d) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 406.36(2) or (3), to that person; (e) follow-up procedures for ensuring that corrective actions are effective; and (f) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups. (4) The records required under paragraph (3)(f) shall be retained for the greater of (a) two audit cycles; and (b) two years. (5) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the quality assurance program of the flight training unit under paragraph (1)(a) shall be the person responsible for the quality assurance program of the AMO. (6) The duties related to the quality assurance program that involve specific tasks or activities within a flight training unit’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities. SOR/2005-173, s . 13. [406.48 and 406.49 reserved] Division V — Flight Training Operations Operational Control System 406.50 No flight training unit that conducts flight training in accordance with a flight training operations Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division V — Flight Training Operations Sections 406.50-406.55 manual that has been approved by the Minister shall operate an aircraft unless the flight training unit has an operational control system that meets the personnel licensing standards and is under the control of its chief flight instructor. SOR/2006-352, s. 23. Aircraft Operations Requirements 406.51 (1) A flight training unit that operates an aeroplane to conduct training for a private pilot licence, a commercial pilot licence or a flight instructor rating shall have access to at least one aeroplane that is certified under Part V for the spin manoeuvre. (2) A flight training unit that operates a helicopter to conduct training for a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating shall have access to at least one helicopter that is configured for and capable of full-on autorotational landings. Facilities at Base of Operations 406.52 A flight training unit shall have facilities at a base of operations that meet the personnel licensing standards. Dispatch of Aircraft 406.53 No flight training unit that operates an aeroplane or a helicopter shall permit a person to conduct a take-off in an aircraft that is subject to the operational control of the flight training unit unless the aircraft has been maintained in accordance with a maintenance control system. Aircraft Operating over Water 406.54 No flight training unit shall permit a person to operate a land aircraft over water, except when conducting a take-off or landing, beyond a point where the land aircraft could reach shore in the event of an engine failure. Solo Cross-country Routes 406.55 No flight training unit that operates an aeroplane or a helicopter shall permit a person to conduct the solo cross-country flight required by Subpart 1 for the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division V — Flight Training Operations Sections 406.55-406.61 private pilot licence — aeroplane or the private pilot licence — helicopter unless the flight training unit notifies the Minister in writing of the planned route of the flight originating from the main base or any satellite base. Daily Flight Record 406.56 A flight training unit that operates an aeroplane, a helicopter or a glider shall, for the purpose of maintaining operational control, establish, maintain and retain for at least two years after an entry is made a daily flight record that meets the personnel licensing standards. Journey Log Entries 406.57 A flight training unit that operates an aeroplane, a helicopter or a glider shall designate a person to make journey log entries in accordance with section 605.94. Flight Training at a Satellite Base 406.58 (1) A flight training unit that conducts flight training at a satellite base shall (a) assign a flight instructor, other than a Class 4 flight instructor, to be responsible for flight training operations at the satellite base; and (b) ensure that a qualified flight instructor is on duty at that satellite base while a solo training flight is in progress. (2) A Class 4 flight instructor shall not conduct flight training at a satellite base unless a qualified Class 1 or Class 2 flight instructor is on duty. [406.59 and 406.60 reserved] Division VI — Manuals and Course Certificates Flight Training Operations Manual 406.61 (1) Every flight training unit that conducts an integrated course or operates a sub-base shall establish and maintain a flight training operations manual that includes the instructions and information necessary to enable the personnel concerned to perform their duties safely and that meets the personnel licensing standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division VI — Manuals and Course Certificates Section 406.61 (2) The flight training operations manual may be issued in separate parts corresponding to specific aspects of operations. (3) Whenever the flight training operations manual no longer meets the personnel licensing standards, the flight training unit shall amend it to bring it into compliance with the standards. (4) A flight training unit shall submit to the Minister its flight training operations manual and, if they relate to the information required by the personnel licensing standards, any separately issued parts and any subsequent amendments to them or to the manual. (5) If the personnel licensing standards are met, the Minister shall approve the parts of a flight training operations manual that relate to the information required by the personnel licensing standards and any subsequent amendments to the parts. (6) A flight training unit shall distribute its flight training operations manual, any separately issued parts and any subsequent amendments to the manual or parts in accordance with the personnel licensing standards. (7) The chief flight instructor shall maintain a master list of the holders of the flight training operations manual and ensure that the manual is distributed in accordance with the list. (8) The following operational personnel shall hold copies of the flight training operations manual and shall be responsible for its amendment: (a) the chief flight instructor; (b) the assistant chief flight instructor; (c) the check instructor; and (d) the person responsible for the maintenance control system or the approved maintenance organization. (9) The chief flight instructor shall make manuals available to all other operational personnel who are involved in operational control, including flight instructors, students and, if applicable, flight dispatchers. (10) Every person who has been provided with a copy of the appropriate parts of a flight training operations manual pursuant to subsections (7) and (8) shall keep it up to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division VI — Manuals and Course Certificates Sections 406.61-406.64 date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties. SOR/2006-352, s. 24. Training Manual 406.62 (1) Every flight training unit that conducts an integrated course shall establish and maintain a training manual that meets the personnel licensing standards. (2) The training manual may be issued in separate parts corresponding to specific aspects of the integrated course. (3) Whenever the training manual no longer meets the personnel licensing standards, the flight training unit shall amend it to bring it into compliance with the standards. (4) A flight training unit shall submit to the Minister its training manual and, if they relate to the information required by the personnel licensing standards, any separately issued parts and any subsequent amendments to them or to the manual. (5) If the personnel licensing standards are met, the Minister shall approve the parts of a training manual that relate to the information required by the personnel licensing standards and any subsequent amendments to the parts. SOR/2006-352, s. 24. Certificate of Enrolment 406.63 (1) A flight training unit that conducts an integrated course shall provide to each trainee, at the start of the course, a certificate of enrolment that meets the personnel licensing standards. (2) A flight training unit that conducts an integrated course shall maintain a current list of the trainees enrolled in each integrated course conducted by the flight training unit. SOR/2006-352, s. 24. Course Completion Certificate 406.64 A flight training unit that conducts an integrated course shall provide to each trainee, on successful completion of the course, a course completion certificate that meets the personnel licensing standards. SOR/2006-352, s. 24; SOR/2015-160, s. 21(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division VI — Manuals and Course Certificates Section 406.71 [406.65 to 406.70 reserved] Division VII — Training Operational Personnel Training Program 406.71 (1) For the purposes of this section, competency check means a certification by the chief flight instructor or an instructor delegated by the chief flight instructor that a flight instructor conducting training under an integrated course has demonstrated in flight an ability to perform both normal and emergency manoeuvres appropriate to the most complex single-engined aeroplane to be used for the flight instruction. (2) A flight training unit that conducts flight training in accordance with a flight training operations manual that has been approved by the Minister shall establish and maintain a ground and flight training program for operational personnel as follows: (a) indoctrination training is required upon employment for all persons assigned to an operational control function, including chief flight instructors, assistant chief flight instructors, flight instructors and persons responsible for flight following; (b) the training referred to in paragraph (a) shall ensure that persons involved in the control of flight operations are aware of their responsibilities, know reporting relationships and are competent to fulfil their assigned duties related to flight training operations; (c) the training referred to in paragraph (a) shall include a review of the flight training operations manual and the training manual, as applicable; (d) each flight instructor who conducts training in accordance with an integrated course shall, before receiving authorization to conduct the training, successfully complete, under the supervision of the chief flight instructor, assistant chief flight instructor or check instructor, (i) the indoctrination training referred in paragraph (a), (ii) a review of, and a briefing on, the contents of the flight training operations manual and the training manual, and (iii) an initial competency check in each type of aircraft in which the flight instructor conducts Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division VII — Training Sections 406.71-406.77 training in accordance with the integrated course; and (e) each flight instructor who conducts training in accordance with an integrated course shall, every 12 months after the month in which the initial competency check was completed, successfully complete (i) a recurrent competency check in one of the aircraft in which the flight instructor conducts training in accordance with the integrated course, (ii) an in-flight monitoring of a training flight conducted by the flight instructor, (iii) a flight test toward the issuance of a flight instructor rating, multi-engine class rating or instrument rating, or (iv) a competency check in accordance with Part VI or a pilot proficiency check in accordance with Part VII, as applicable. SOR/2006-352, s. 24; SOR/2014-131, s. 11; SOR/2015-160, s. 22. [406.72 to 406.74 reserved] Division VIII — Integrated Course Requirements 406.75 An integrated course shall be conducted under the supervision of the chief flight instructor of a flight training unit that holds a flight training unit operator certificate and shall be arranged by that flight training unit in accordance with the personnel licensing standards. SOR/2006-352, s. 24; SOR/2015-160, s. 23. Prerequisite 406.76 The flight training unit shall ensure that an applicant, before being admitted to an integrated course, has a secondary school diploma or equivalent in accordance with the personnel licensing standards. SOR/2006-352, s. 24. Transfer 406.77 Any trainee wishing to transfer to another flight training unit during an integrated course shall apply to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 6 — Flight Training Units Division VIII — Integrated Course Sections 406.77-408.02 the other flight training unit for a formal assessment of the further hours of training required at that flight training unit. The assessment shall be recorded in the applicant’s training record. SOR/2006-352, s. 24. [406.78 and 406.79 reserved] Subpart 7 — [Reserved] Subpart 8 — Conduct of Flight Tests Interpretation 408.01 (1) Any reference in this Subpart to the flight testing standards is a reference to Standard 428 — Personnel Licensing and Training Standards respecting the Conduct of Flight Tests. (2) The following definitions apply in this Subpart. air flight test item means a flight test item performed using an aeroplane, helicopter or synthetic flight training equipment, including the pre-flight inspection, start-up, run-up, taxiing and emergency procedures. (exercice en vol) examiner means a person designated by the Minister to conduct flight tests for the issuance or renewal of flight crew permits, licences or ratings for an aeroplane or helicopter. (examinateur) ground flight test item means a flight test item performed prior to the pre-flight inspection of the aeroplane or helicopter. (exercice au sol) SOR/2011-284, s. 16. Application 408.02 This Subpart applies in respect of the conduct, using an aeroplane, helicopter or synthetic flight training equipment, of flight tests required for the issuance or renewal of a flight crew permit, licence or rating. SOR/2011-284, s. 16. [408.03 to 408.10 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 8 — Conduct of Flight Tests Record of Flight Test Sections 408.11-408.14 Record of Flight Test 408.11 The Minister shall maintain a record of each flight test in accordance with this Subpart and the flight testing standards. The record shall contain the following information: (a) an assessment of the results of each flight test item; (b) the overall results; and (c) whether the candidate passed or failed the flight test. SOR/2011-284, s. 16. Prerequisite for Flight Test 408.12 Before conducting a flight test or partial re-test, the examiner shall ensure that they have received the documentation specified in section 1 of Schedules 1 to 18 to the flight testing standards, dated, if applicable, as specified in that section. SOR/2011-284, s. 16. Aircraft and Equipment Required for a Flight Test 408.13 The examiner shall ensure that the candidate who takes a flight test provides the aircraft and equipment described in section 2 of Schedules 1 to 18 to the flight testing standards. SOR/2011-284, s. 16. Flight Test 408.14 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate successfully completes the flight test if (a) the candidate completes all of the items set out in section 5 of those schedules; and (b) the candidate receives at least the passing grade for the permit, licence or rating specified in the following table and does not fail any flight test item for any of the reasons set out in subsection 408.18(1). TABLE Permit, Licence or Rating Passing Grade Rating for Passenger-Carrying Ultra-Light Aeroplane 50% Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 8 — Conduct of Flight Tests Flight Test Sections 408.14-408.16 Permit, Licence or Rating Passing Grade Permit for Recreational Pilot — Aeroplane 50% Licence for Private Pilot — Aeroplane 50% Licence for Commercial Pilot — Aeroplane 70% Licence for Private Pilot — Helicopter 50% Licence for Commercial Pilot — Helicopter 70% Multi-Engine Class Rating — Aeroplane 70% Instrument Rating 60% (2) In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate successfully completes the flight test if (a) the candidate completes all of the items set out in section 5 of those schedules; and (b) the candidate successfully completes each item of the flight test and does not fail the test for any of the reasons set out in section 408.19. SOR/2011-284, s. 16. Conduct of a Flight Test 408.15 (1) The examiner shall conduct a flight test in accordance with section 3 of Schedules 1 to 18 to the flight testing standards. (2) The examiner shall evaluate the performance of a candidate in accordance with section 4 of Schedules 1 to 18 to the flight testing standards by verifying, during the flight test, the candidate’s knowledge and skills when performing the items set out in section 4 of those schedules, taking into account the general tolerances specified in that section. The examiner shall record the results on the form entitled Flight Test Report in the manner specified by the Minister. (3) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner shall not take part in the pilotage of the aeroplane or helicopter during the flight test except in the cases set out in paragraph 3(b) of those schedules. SOR/2011-284, s. 16. 408.16 In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner may have the candidate repeat an item if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 8 — Conduct of Flight Tests Conduct of a Flight Test Sections 408.16-408.18 (a) the item is discontinued for safety reasons; (b) the examiner intervened on the flight controls to avoid a collision with another aircraft that the candidate could not see; (c) the candidate understood the specific nature of the item but did not understand the examiner’s request to perform it; or (d) the examiner was distracted to the point of not being able to adequately observe the candidate’s performance of the item. SOR/2011-284, s. 16. Incomplete Flight Test 408.17 If the candidate has successfully completed some of the items during a flight test but the flight test cannot be completed for reasons beyond the candidate’s control, the subsequent flight test shall meet the following requirements: (a) only the items that the candidate could not perform during the initial flight test shall be performed; (b) the candidate shall take the subsequent flight test within (i) 60 days after the date of the incomplete flight test, in the case of a flight test described in Schedule 1 to the flight testing standards, or (ii) 30 days after the date of the incomplete flight test, in the case of a flight test described in Schedules 2 to 18 to the flight testing standards; and (c) in the case of a flight test conducted in accordance with Schedule 8 to the flight testing standards, the subsequent flight test shall be conducted using an aircraft in the same instrument rating group as the aircraft used in the initial flight test. SOR/2011-284, s. 16; SOR/2015-160, s. 24(F). Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards 408.18 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate fails the flight test if (a) the candidate’s performance of an item includes deviations that are repeated or that the candidate either does not recognize or does not correct in a timely manner; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 8 — Conduct of Flight Tests Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards Section 408.18 (b) the candidate’s handling of the aircraft is rough or includes uncorrected or excessive deviations from specified tolerances; (c) the candidate, as a result of a pilot error or faulty handling of the aircraft, exceeds by more than double the deviation tolerances specified in the table to section 4 of Schedules 1 to 8 of those standards, even if a correction is made; (d) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a licence, permit or rating; (e) the candidate has lapses in situational awareness that are not identified or corrected; (f) the candidate’s flight management skills are ineffective; or (g) the safety of the flight is compromised. (2) A candidate who fails not more than two air flight test items described in Schedules 1 to 7 to the flight testing standards may take a re-test of each failed item within: (a) 60 days after the date of the failed test, in the case of a flight test described in Schedule 1 to those standards; or (b) 30 days after the date of the failed test, in the case of a flight test described in Schedules 2 to 7 to those standards. (3) A candidate who fails not more than one air flight test item described in Schedule 8 to the flight testing standards may take a re-test of the failed item within 30 days after the date of the failed test. (4) A candidate must take a complete re-test for a licence, permit or rating referred to in Schedules 1 to 8 to the flight testing standards if (a) during a flight test, the candidate displays unsafe airmanship or dangerous flying resulting in the flight test being assessed as a failure; (b) the candidate repeatedly fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres; (c) during a complete flight test, the candidate fails any ground flight test item; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 8 — Conduct of Flight Tests Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards Sections 408.18-408.19 (d) during a complete flight test, the candidate fails more than two air flight test items in the case of a flight test described in Schedules 1 to 7 to the flight testing standards or more than one air flight test item in the case of a flight test described in Schedule 8 to those standards; (e) the candidate fails an item during a partial re-test; or (f) the candidate does not complete a partial re-test within a period specified in subsection (2). SOR/2011-284, s. 16. Failure of a Flight Test — Schedules 9 to 18 to Flight Testing Standards 408.19 In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate fails the flight test if (a) the candidate performs an air flight test item using unsafe airmanship or completes the item with major deviations from the level of competency required for the issuance of a commercial pilot licence — aeroplane or a commercial pilot licence — helicopter; (b) the candidate fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres; (c) the candidate acts or fails to act in such a manner that the examiner is required to take corrective action to maintain safe flight; (d) the candidate instructs, on the ground or in the air, in a manner that the examiner determines would result in a lack of understanding or in a misunderstanding that could lead to a dangerous flight situation; (e) the candidate fails to accomplish the aim of one or more of the items of the flight test; (f) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a flight instructor rating; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IV — Personnel Licensing and Training Subpart 8 — Conduct of Flight Tests Failure of a Flight Test — Schedules 9 to 18 to Flight Testing Standards Sections 408.19-501.02 (g) the candidate displays an ineffective instructional technique. SOR/2011-284, s. 16. Part V — Airworthiness Interpretation 500.01 In this Part, rotorcraft means a gyroplane or a helicopter. SOR/98-526, s. 2; SOR/2009-280, s. 23. Subpart 1 — Annual Airworthiness Information Report Requirement to Report 501.01 (1) Subject to subsection (2), the owner of a Canadian aircraft, other than a remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less or an ultra-light aeroplane, shall submit to the Minister an Annual Airworthiness Information Report in respect of the aircraft, in the form and manner specified in Chapter 501 of the Airworthiness Manual, either as (a) an individual report; or (b) where approved in conformity with Chapter 501 of the Airworthiness Manual, a consolidated fleet report. (2) The submission of the Annual Airworthiness Information Report is not required where the aircraft is out of service and its owner (a) reports, in the form and manner specified in Chapter 501 of the Airworthiness Manual, that the aircraft is out of service and is expected to remain out of service for one or more of the reporting periods for which an Annual Airworthiness Information Report would otherwise be required; and (b) notifies the Minister forthwith when that aircraft is brought back into service. SOR/2019-11, s. 11. Information to Be Reported 501.02 The owner of a Canadian aircraft shall provide in the Annual Airworthiness Information Report the information on the characteristics of the aircraft and on the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 1 — Annual Airworthiness Information Report Information to Be Reported Sections 501.02-507.03 maintenance of its airworthiness that is specified in Chapter 501 of the Airworthiness Manual. Reporting Schedule 501.03 The owner of a Canadian aircraft shall submit the Annual Airworthiness Information Report to the Minister each year by not later than March 30 following the calendar year for which the Report was prepared or another date agreed on, beforehand, by the owner and the Minister. SOR/2019-119, s. 18; SOR/2021-152, s. 7(F). Subpart 7 — Flight Authority and Certificate of Noise Compliance [SOR/2000-404, s. 1] Application 507.01 This Subpart applies in respect of aircraft, other than remotely piloted aircraft having a maximum takeoff weight of 25 kg (55 pounds) or less, ultra-light aeroplanes and hang gliders, that are (a) Canadian aircraft; or (b) operated in Canadian airspace. SOR/2019-11, s. 12. Certificate of Airworthiness 507.02 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a certificate of airworthiness in respect of an aircraft (a) for which an aircraft type design has been certified by the Minister and the certification is not in respect of a restricted category aircraft; (b) that conforms to its certified type design; and (c) that is safe for flight. SOR/2009-280, s. 24. Special Certificate of Airworthiness 507.03 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a special certificate of airworthiness in respect of an aircraft that Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 7 — Flight Authority and Certificate of Noise Compliance Special Certificate of Airworthiness Sections 507.03-507.06 (a) meets the criteria for one of the classifications of a special certificate of airworthiness specified in Chapter 507 of the Airworthiness Manual; (b) conforms to the applicable type design or, in the case of an amateur-built aircraft, is designed and constructed in a way that ensures its airworthiness, in conformity with the requirements of Chapter 549 of the Airworthiness Manual; and (c) is safe for flight. Flight Permit 507.04 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a flight permit in respect of an aircraft that meets the criteria for one of the classifications of a flight permit specified in Chapter 507 of the Airworthiness Manual and that is safe for flight. Validation of Foreign Flight Authority 507.05 Where an aircraft is operating under a foreign flight authority that is issued in respect of the aircraft or the fleet of which it is a part and that does not conform to Article 31 of the Convention, and the Minister determines that the aircraft is safe for flight, the Minister shall validate the foreign flight authority, thereby authorizing the operation of the aircraft in Canadian airspace. Application for Flight Authority 507.06 (1) An application for a flight authority shall be signed by the owner of the aircraft in respect of which it is submitted, or by a representative of the owner as defined in Chapter 507 of the Airworthiness Manual. (2) A person who applies for a flight authority shall do so in the form and manner specified in Chapter 507 of the Airworthiness Manual. (3) An applicant for a flight authority shall include with the application a declaration, made by a person authorized to do so pursuant to section 507.10, attesting that (a) in the case of an application for a certificate of airworthiness, the aircraft meets the requirements of section 507.02; (b) in the case of an application for a special certificate of airworthiness, the aircraft meets the requirements of section 507.03; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 7 — Flight Authority and Certificate of Noise Compliance Application for Flight Authority Sections 507.06-507.08 (c) in the case of an application for a flight permit, the aircraft meets the requirements of section 507.04. (4) In the case of an application to validate a foreign flight authority, the applicant shall submit a copy of the foreign flight authority, including any operational limitation imposed in respect of that flight authority. (5) The Minister may inspect, or may cause to be inspected, any aircraft for which an application for flight authority has been made, for the purposes of determining conformity with its type design and compliance with the applicable requirements of these Regulations. Flight Authority for an Imported Aircraft 507.07 Where an application for a flight authority is made in respect of an aircraft being imported, the applicant must comply with the importation requirements specified in Chapter 507 of the Airworthiness Manual. Issuance of Additional Flight Authority 507.08 (1) Where the owner of an aircraft requests an additional flight authority in accordance with section 507.06 and demonstrates compliance with the applicable standards contained in Standard 507 — Flight Authority and Certificate of Noise Compliance and if the aircraft is safe for flight, the Minister shall issue (a) in the case of an aircraft that has been damaged or has inoperative systems such that it no longer conforms to the conditions of the existing flight authority, an additional flight authority to allow the aircraft to be flown to a location where the required maintenance can be performed; or (b) in the case of an aircraft that has been modified to allow multiple configurations one of which results in the aircraft no longer meeting the conditions of issue of the existing flight authority, an additional flight authority in respect of the new configuration. (2) Where an additional flight authority is issued in respect of an aircraft pursuant to this section, (a) the additional flight authority takes effect when an entry indicating that it is in effect, is made in the aircraft journey log; and (b) except where provided for by technical dispatch procedures required by subsection 706.06(1), the flight authority specified in the most recent journey log Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 7 — Flight Authority and Certificate of Noise Compliance Issuance of Additional Flight Authority Sections 507.08-507.13 entry made pursuant to paragraph 571.06(3)(a) remains in effect until a new flight authority is specified. SOR/2003-154, s. 4. Operating Conditions 507.09 Where an aircraft does not meet the requirements for the issue of a flight authority that conforms to Article 31 of the Convention, the Minister shall make the flight authority subject to operating conditions where the conditions are required to ensure the safety of the aircraft, other aircraft, persons, animals or property. Persons Who May Attest to Condition and Conformity 507.10 No person shall make a declaration of an aircraft’s condition or conformity to its certified type design for the purpose of obtaining a flight authority other than the holder of an aircraft maintenance engineer (AME) licence issued pursuant to Part IV or (a) in the case of a new aircraft, an authorized representative of the manufacturer; or (b) in the case of an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, the owner of the aircraft. SOR/2002-112, s. 2. Duration of a Flight Authority 507.11 Unless surrendered, suspended or cancelled, a flight authority issued pursuant to this Subpart remains in force during the period or for the number of flights specified in it or, where no limit is specified, indefinitely, if the aircraft continues to meet the conditions subject to which the flight authority was issued. Alteration of Document 507.12 No person other than the Minister shall amend a flight authority issued pursuant to this Subpart. Replacing a Lost or Destroyed Flight Authority 507.13 The Minister shall replace a lost or destroyed flight authority of a Canadian aircraft on receipt of a Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 7 — Flight Authority and Certificate of Noise Compliance Replacing a Lost or Destroyed Flight Authority Sections 507.13-507.23 written application from the registered owner, or from a representative of the owner as specified in Standard 507 — Flight Authority and Certificate of Noise Compliance, if the aircraft continues to meet the requirements for the issue of the flight authority. SOR/2003-154, s. 5. [507.14 to 507.19 reserved] Certificate of Noise Compliance 507.20 If an application for a certificate of noise compliance is made in respect of an aircraft under section 507.21 and the aircraft meets the applicable noise emission levels specified in Chapter 516 of the Airworthiness Manual, the Minister shall issue the certificate. SOR/2000-404, s. 2. Application for a Certificate of Noise Compliance 507.21 (1) An application for a certificate of noise compliance shall be signed by the owner or operator of the aircraft in respect of which it is submitted or by a representative of the owner within the meaning of Chapter 507 of the Airworthiness Manual. (2) A person who applies for a certificate of noise compliance shall do so in the form and manner specified in Chapter 507 of the Airworthiness Manual. (3) An applicant for a certificate of noise compliance shall include with the application evidence that the aircraft meets the noise emission levels referred to in section 507.20. SOR/2000-404, s. 2. Suspension of a Certificate of Noise Compliance 507.22 A certificate of noise compliance is suspended and shall be surrendered to the Minister on request if the aircraft in respect of which it was issued no longer meets the noise emission levels referred to in section 507.20. SOR/2000-404, s. 2. Validation of a Foreign Certificate of Noise Compliance 507.23 In the process of validating a foreign flight authority in respect of an aircraft under section 507.05, if a foreign certificate of noise compliance is in effect in respect of the aircraft, the Minister shall validate the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 7 — Flight Authority and Certificate of Noise Compliance Validation of a Foreign Certificate of Noise Compliance Sections 507.23-509.03 foreign certificate of noise compliance in the form and manner specified for the validation of the flight authority. SOR/2000-404, s. 2. Subpart 9 — Export Airworthiness Certificates Application 509.01 This Subpart applies in respect of the following aircraft if they meet the export requirements specified in Chapter 509 of the Airworthiness Manual, except for aircraft that are operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less, ultralight aeroplanes and hang gliders: (a) new aircraft manufactured in Canada; (b) Canadian aircraft in respect of which a Certificate of Airworthiness has been issued pursuant to Subpart 7; or (c) aircraft that were last registered in Canada but are no longer registered in any state. SOR/2002-112, s. 3; SOR/2019-11, s. 13. Application for an Export Airworthiness Certificate 509.02 (1) A person who applies for an Export Airworthiness Certificate shall do so in the form and manner specified in Chapter 509 of the Airworthiness Manual. (2) An applicant for an Export Airworthiness Certificate shall include with the application a declaration made by a person authorized to do so pursuant to section 509.04, attesting that the aircraft conforms to the certified type design specified in the application. Authority for Export 509.03 (1) Subject to subsection (2), the Minister shall issue an Export Airworthiness Certificate where the aircraft in respect of which the application is made conforms to (a) the type design specified in a type certificate; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 9 — Export Airworthiness Certificates Authority for Export Sections 509.03-509.05 (b) another type design specified in the application, where the aircraft is being exported to a state with which Canada has entered into an agreement that provides for the acceptance of Export Airworthiness Certificates and the aircraft conforms to any special requirements specified by that state. (2) Where an aircraft does not meet the requirements of subsection (1), the Minister may issue an Export Airworthiness Certificate that specifies the non-conformity to the applicable type design or any special requirement and the acceptance of that non-conformity by the state to which the aircraft is being exported. SOR/2009-280, s. 25. Persons Who May Attest to Condition and Conformity 509.04 No person shall make a declaration of an aircraft’s condition or conformity to its certified type design for the purpose of obtaining an Export Airworthiness Certificate in respect of the aircraft, other than (a) the holder of an aircraft maintenance engineer (AME) licence issued pursuant to Part IV that is applicable to that aircraft type; or (b) in the case of a new aircraft manufactured in Canada, an authorized representative of the manufacturer. Responsibilities of the Exporter 509.05 Where an Export Airworthiness Certificate has been issued in respect of an aircraft, the owner of the aircraft shall, on transfer of its title, (a) forward to the new owner all of the documents and information required by Chapter 509 of the Airworthiness Manual; (b) where the exported aircraft is disassembled, forward to the new owner the manufacturer’s assembly instructions and the other documents relating to the aircraft specified in Chapter 509 of the Airworthiness Manual; and (c) ensure that the temporary equipment, if any, incorporated into the aircraft for the purpose of the export delivery flight is removed and the aircraft is restored to the configuration approved in the type certificate. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SUBPART 11 [Repealed, SOR/2009-280, s. 26] Sections 511.01-513.04 SUBPART 11 [Repealed, SOR/2009-280, s. 26] 511.01 [Repealed, SOR/2009-280, s. 26] 511.02 [Repealed, SOR/2009-280, s. 26] 511.04 [Repealed, SOR/2009-280, s. 26] 511.05 [Repealed, SOR/2009-280, s. 26] 511.06 [Repealed, SOR/2009-280, s. 26] 511.07 [Repealed, SOR/2009-280, s. 26] 511.08 [Repealed, SOR/2009-280, s. 26] 511.09 [Repealed, SOR/2009-280, s. 26] 511.10 [Repealed, SOR/2009-280, s. 26] 511.11 [Repealed, SOR/2009-280, s. 26] 511.12 [Repealed, SOR/2009-280, s. 26] 511.13 [Repealed, SOR/2009-280, s. 26] 511.14 [Repealed, SOR/2009-280, s. 26] 511.20 [Repealed, SOR/2009-280, s. 26] 511.21 [Repealed, SOR/2009-280, s. 26] 511.22 [Repealed, SOR/2009-280, s. 26] 511.25 [Repealed, SOR/2009-280, s. 26] 511.30 [Repealed, SOR/2009-280, s. 26] 511.31 [Repealed, SOR/2009-280, s. 26] 511.32 [Repealed, SOR/2009-280, s. 26] 511.33 [Repealed, SOR/2009-280, s. 26] 511.34 [Repealed, SOR/2009-280, s. 26] SUBPART 13 [Repealed, SOR/2009-280, s. 26] 513.01 [Repealed, SOR/2009-280, s. 26] 513.02 [Repealed, SOR/2009-280, s. 26] 513.04 [Repealed, SOR/2009-280, s. 26] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SUBPART 13 [Repealed, SOR/2009-280, s. 26] Sections 513.05-521.01 513.05 [Repealed, SOR/2009-280, s. 26] 513.06 [Repealed, SOR/2009-280, s. 26] 513.07 [Repealed, SOR/2009-280, s. 26] 513.08 [Repealed, SOR/2009-280, s. 26] 513.10 [Repealed, SOR/2009-280, s. 26] 513.11 [Repealed, SOR/2009-280, s. 26] 513.12 [Repealed, SOR/2009-280, s. 26] 513.14 [Repealed, SOR/2009-280, s. 26] 513.20 [Repealed, SOR/2009-280, s. 26] 513.21 [Repealed, SOR/2009-280, s. 26] 513.22 [Repealed, SOR/2009-280, s. 26] 513.25 [Repealed, SOR/2009-280, s. 26] 513.30 [Repealed, SOR/2009-280, s. 26] 513.31 [Repealed, SOR/2009-280, s. 26] 513.32 [Repealed, SOR/2009-280, s. 26] 513.33 [Repealed, SOR/2009-280, s. 26] SUBPART 16 [Repealed, SOR/2009-280, s. 26] 516.01 [Repealed, SOR/2009-280, s. 26] 516.02 [Repealed, SOR/2009-280, s. 26] 516.03 [Repealed, SOR/2009-280, s. 26] Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division I — General Interpretation 521.01 The following definitions apply in this Subpart. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division I — General Sections 521.01-521.02 aeronautical product means an aircraft, aircraft engine, aircraft propeller or aircraft appliance or part, or a component part of any of those things. (produit aéronautique) applicant means an individual or organization responsible for the design of an aeronautical product, or a representative of such an individual or organization, that makes an application for the issuance of or a change to a design approval document in respect of an aeronautical product. (demandeur) design approval document means a type certificate, a supplemental type certificate, a repair design approval, a part design approval or a Canadian Technical Standard Order (CAN-TSO) design approval. (document d’approbation de la conception) foreign aeronautical product means an aeronautical product for which the state of design is a state other than Canada. (produit aéronautique étranger) VLA or very light aeroplane means an aeroplane that has a single engine with a spark or compression ignition, has no more than two seats and is designed and manufactured to have (a) a maximum certificated take-off weight not exceeding 750 kg; and (b) a stall speed in the landing configuration (Vso) of 45 knots (52 mph) calibrated air speed (CAS), or less. (VLA ouavion très léger) SOR/2009-280, s. 26. Application 521.02 This Subpart applies to applicants for and holders of the following documents and applicants for a change to one of those documents: (a) a type certificate issued under section 521.57 in respect of an aeronautical product; (b) a Canadian Technical Standard Order (CAN-TSO) design approval issued under section 521.109 in respect of an appliance or a part; (c) a supplemental type certificate issued under section 521.206 in respect of an aeronautical product; (d) a repair design approval issued under section 521.256 in respect of an aeronautical product; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division I — General Sections 521.02-521.26 (e) a part design approval issued under section 521.306 in respect of a replacement part for an aeronautical product. SOR/2009-280, s. 26. Appliances and Parts 521.03 An appliance or a part, other than a standard part, may be approved by the issuance of any one of the following: (a) a Canadian Technical Standard Order (CAN-TSO) design approval; (b) a type certificate, in the case of an appliance or part that is part of an aeronautical product on which it is installed; (c) a supplemental type certificate, in the case of an appliance or part that is part of a change to the type design of an aeronautical product; or (d) a part design approval, in the case of a part that is a replacement part. SOR/2009-280, s. 26. [521.04 to 521.24 reserved] Division II — Type Certificates Application 521.25 This Division applies (a) in respect of the issuance of a type certificate for an aeronautical product; and (b) to applicants for and holders of a type certificate in respect of an aeronautical product. SOR/2009-280, s. 26. Eligibility Requirements 521.26 An applicant for a type certificate in respect of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis. SOR/2009-280, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.27-521.28 Aircraft Categories 521.27 (1) An applicant may, in the case of an aircraft, request a type certificate in respect of the following aircraft categories or any combination of them: (a) normal category; (b) utility category; (c) aerobatic category; (d) commuter category; (e) transport category; or (f) restricted category. (2) An applicant may, in the case of an aircraft for which no standards of airworthiness are listed in subsection 521.31(1), request a type certificate in respect of an aircraft category that is not listed in subsection (1). SOR/2009-280, s. 26. Application for a Type Certificate 521.28 An applicant for a type certificate in respect of an aeronautical product shall submit to the Minister (a) an application that contains the information specified on the form published by the Minister entitled Type Certificate Application; (b) a description of the aeronautical product that contains, in addition to its principal design features and its specifications, (i) in the case of an aircraft, a three-view drawing, the preliminary data respecting the design and performance, and the proposed operating characteristics and limitations, and (ii) in the case of an aircraft engine or propeller, a general arrangement drawing, and the proposed operating characteristics and limitations; (c) a proposed certification basis; and (d) a certification plan that identifies (i) the means to be used to demonstrate that the aeronautical product conforms to the applicable certification basis, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.28-521.29 (ii) the documentation that demonstrates the conformity of the aeronautical product with the applicable certification basis, (iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and (iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i). SOR/2009-280, s. 26. Effective Period of an Application 521.29 (1) Unless an applicant demonstrates, at the time of submitting an application for a type certificate in respect of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application: (a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or (b) three years, in the case of (i) an aircraft other than an aircraft referred to in paragraph (a), (ii) an aircraft engine, or (iii) an aircraft propeller. (2) If a type certificate is not issued within the applicable effective period referred to in subsection (1), the applicant may (a) submit a new application for a type certificate; or (b) apply for an extension of the effective period of the original application. (3) If the effective period of an application for a type certificate is extended under paragraph (2)(b), the standards of airworthiness applicable to the aeronautical product are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the issuance of the type certificate. SOR/2009-280, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Section 521.30 Certification Basis 521.30 (1) The Minister shall establish, in respect of an aeronautical product, a certification basis consisting of (a) subject to subsections (2) to (5), the applicable standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, unless the applicant (i) elects to include in the certification basis later amendments to those standards of airworthiness, in accordance with subsection (5), or (ii) is required to comply with later amendments to the standards of airworthiness in accordance with subsection 521.29(3); (b) the applicable aircraft emissions standards referred to in section 521.32; (c) any special conditions that are necessary to ensure that the type design of an aeronautical product having a novel or unusual design feature provides a level of safety equivalent to that provided by the standards of airworthiness in force on the date of application for the type certificate; (d) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the type certificate; and (e) any exemptions. (2) In the case of an aeronautical product to which no complete standards of airworthiness referred to in section 521.31 apply, the applicable standards of airworthiness are the portions of the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate. (3) In the case of an aircraft, including its engine and propeller, that is designed in accordance with the requirements of, and accepted for use by, the Department of National Defence, other than an aircraft referred to in paragraph (4)(b), the applicable standards of airworthiness are those referred to in section 521.31 (a) that are appropriate to the type of aircraft, the number and type of its engines and propellers, and its MCTOW; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.30-521.31 (b) that provide a level of safety equivalent to that provided by the standards of airworthiness in force on the date that the aircraft was accepted for use by that Department. (4) In the case of an aircraft for which a type certificate in the restricted category is requested, the applicable standards of airworthiness are (a) the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, except for those that are inappropriate for the use specified on the application for the type certificate; or (b) the design and performance requirements established by the Department of National Defence in respect of the aircraft on the date that the aircraft was accepted for use by that Department. (5) An applicant may elect to include in the certification basis later amendments to the applicable standards of airworthiness referred to in subsections (1) to (4), if the applicant complies with any other amendment that is directly related to those standards. SOR/2009-280, s. 26. Standards of Airworthiness 521.31 (1) For the issuance of a type certificate in respect of an aeronautical product, the standards of airworthiness, including the aircraft categories set out in subsection 521.27(1), are those specified in the following chapters of the Airworthiness Manual, as applicable: (a) Chapter 522 — Gliders and Powered Gliders; (b) Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes; (c) Chapter 523 – VLA — Very Light Aeroplanes; (d) Chapter 525 — Transport Category Aeroplanes; (e) Chapter 527 — Normal Category Rotorcraft; (f) Chapter 529 — Transport Category Rotorcraft; (g) Chapter 531 — Manned Free Balloons; (h) Chapter 533 — Aircraft Engines; (i) Chapter 535 — Propellers; and (j) Chapter 541 — Airships. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.31-521.33 (2) The standards of airworthiness for the design and installation of an item of aircraft equipment required by Part VI or VII are (a) those specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; or (b) if no standards of airworthiness for the design and installation of the item of aircraft equipment are specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual, those specified in the certification basis of the aircraft on which the equipment is installed. SOR/2009-280, s. 26; SOR/2019-119, s. 19(F). Aircraft Emissions Standards 521.32 The aircraft emissions standards applicable to the issuance of a type certificate are the following: (a) in the case of an aircraft other than an aircraft for which certification is requested in the restricted category for use in agricultural operations or fire prevention and suppression, the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; (b) in the case of a turbine-powered aircraft, the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; (c) in the case of an aircraft engine, the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; and (d) in the case of an aircraft, the carbon dioxide (CO2) emissions standards specified in Subchapter C of Chapter 516 — Aircraft Emissions of the Airworthiness Manual. SOR/2009-280, s. 26; SOR/2020-251, s. 1. Conformity with Certification Basis 521.33 An applicant for a type certificate in respect of an aeronautical product shall (a) demonstrate to the Minister that the aeronautical product conforms to the certification basis established by the Minister under section 521.30; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.33-521.44 (b) submit to the Minister a declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis; (c) make available to the Minister the means by which conformity is established; (d) in the case of an aircraft, record the noise levels in its flight manual or in a supplement to that manual using the Guidelines for the Administration of Noise Certification Documentation set out in Attachment G of Annex 16, Volume I to the Convention; and (e) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the aeronautical product. SOR/2009-280, s. 26. [521.34 to 521.43 reserved] Inspections and Tests 521.44 An applicant for a type certificate in respect of an aeronautical product shall (a) ensure, before conducting a test, that the item to be tested conforms to the drawings, specifications and manufacturing processes proposed for the type design of the aeronautical product and that the measuring device and test equipment to be used are appropriate and calibrated for the test; (b) ensure that the equipment and procedures used for conducting a test flight meet the requirements set out in sections 521.45 and 521.46; (c) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the aeronautical product conforms to its certification basis; (d) in accordance with the certification plan, submit to the Minister for review the data and reports resulting from the inspections, analyses and tests conducted under paragraph (c); and (e) provide the Minister with access to the aeronautical product for the purpose of making any inspection, making any engineering assessment, or conducting or witnessing any test, (i) required to verify the applicant’s declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.44-521.46 (ii) required to make a determination of the conformity of the aeronautical product with its certification basis. SOR/2009-280, s. 26. Test Flights 521.45 (1) An applicant for a type certificate in respect of an aeronautical product who conducts a test flight shall (a) make provisions for emergency situations and provide the emergency equipment required for the safety of the test flight personnel; (b) conduct the inspections, analyses, structural tests, wind tunnel tests and functional tests of the critical systems and components of the aircraft used for the test flight — including an evaluation of the effect of their failure — to ensure that the aircraft will operate safely within the operating limitations and restrictions specified by the applicant; (c) provide a pilot who holds a licence endorsed with a rating appropriate for conducting the test flight; and (d) conduct the test flight in accordance with the conditions specified by the Minister in a flight authority issued in respect of that flight. (2) The applicant shall, before conducting the first test flight of an aircraft type, submit (a) a written airworthiness declaration attesting that the aircraft being used for the test flight satisfies the conditions referred to in paragraph (1)(b); and (b) a written declaration attesting to the condition of the aircraft and its conformity with the configuration specified for the purposes of the test flight, made by a person authorized to do so by the manufacturer of the aircraft. SOR/2009-280, s. 26. Test Flight Operations 521.46 (1) An applicant for a type certificate in respect of an aeronautical product who intends to conduct a test flight and who has the resources, personnel and facilities for conducting a test flight shall establish and maintain a test flight operations manual that is appropriate to the size, nature and complexity of the test flight operations and that contains Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.46-521.47 (a) a statement signed by the person responsible for the test flight operations certifying that the test flight operations are being carried out in accordance with the policies and procedures set out in the manual and in any document incorporated into that manual; (b) a description of the system used by the applicant to supervise the test flight operations; (c) a description of the system used by the applicant to manage matters relating to safety and risk during the conduct of a test flight; (d) a description of record-keeping practices and procedures; (e) a description of how the configuration of an aircraft used in a test flight is defined and how a change to that configuration is documented; (f) a description of the qualification, training and currency requirements of the test flight crew members; (g) a description of the test flight planning procedures; and (h) duty time limitations for test flight crew members. (2) The person responsible for test flight operations shall submit the test flight operations manual and any amendment to the manual to the Minister for approval. (3) The Minister shall approve the test flight operations manual and any amendment to the manual if they meet the requirements set out in this section. SOR/2009-280, s. 26. Function and Reliability Test Flights 521.47 (1) Subject to subsection (3), an applicant for a type certificate in respect of an aircraft shall conduct one or more function and reliability test flights in order to demonstrate to the Minister that the aircraft, its components and its equipment are reliable and function properly. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.47-521.57 (2) A function and reliability test flight shall consist of (a) in the case of an aircraft that uses a turbine engine of a type not previously used in an aircraft for which a type certificate has been issued, at least 300 hours of operation of the aircraft with a full complement of engines that conform to a type certificate or to an equivalent certificate issued by the airworthiness authority of a foreign state with which Canada has an airworthiness agreement or similar arrangement; or (b) in the case of every other aircraft, at least 150 hours of operation of the aircraft. (3) Subsection (1) does not apply in respect of (a) the following aircraft: (i) aeroplanes having a MCTOW of 2 720 kg (6,000 pounds) or less, (ii) gliders, (iii) airships having a seating configuration, excluding pilot seats, of nine or less, (iv) manned free balloons, or (v) restricted category aircraft; or (b) a change to a type design, unless otherwise determined by the Minister taking into consideration the certification plan submitted under paragraph 521.28(d). SOR/2009-280, s. 26. [521.48 to 521.56 reserved] Issuance of a Type Certificate 521.57 (1) Subject to section 6.71 of the Act, the Minister shall issue a type certificate in respect of an aeronautical product if the applicant (a) submits the declaration required under paragraph 521.33(b); (b) submits a signed undertaking to carry out the responsibilities specified in Division VIII; and (c) meets the requirements set out in subsection (2) or (3) in respect of the category of the aeronautical product. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division II — Type Certificates Sections 521.57-521.58 (2) An applicant for a type certificate in respect of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that (a) the type design of the aeronautical product conforms to its certification basis; (b) in the case of an aircraft, no feature or characteristic makes the aircraft unsafe, taking into account the category in which certification is requested; (c) subject to paragraph (d), any test flights required under paragraph 521.44(c) and section 521.47 have been conducted; and (d) if the function and reliability test flights required under section 521.47 have not been completed, a program exists to ensure their completion before the later of the delivery of the first aircraft and the issuance of the certificate of airworthiness. (3) An applicant for a type certificate in respect of a restricted category aircraft shall demonstrate to the Minister that (a) no feature or characteristic makes the aircraft unsafe when that aircraft is operated within the limitations specified for its intended use; and (b) the aircraft (i) has a type design that conforms to its certification basis, or (ii) is of a type manufactured in accordance with the requirements of, and accepted for use by, the Department of National Defence and has been modified for its intended use. SOR/2009-280, s. 26. Change to the Type Design Approved in a Type Certificate 521.58 The holder of a type certificate in respect of an aeronautical product who proposes to make a change to the type design approved in the type certificate shall meet the requirements set out in section 521.152. SOR/2009-280, s. 26. [521.59 to 521.100 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Sections 521.101-521.103 Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Application 521.101 This Division applies (a) in respect of the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval for an appliance or a part; and (b) to applicants for and holders of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part. SOR/2009-280, s. 26. Eligibility Requirements 521.102 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the appliance or part with its certification basis. SOR/2009-280, s. 26. Application for a Canadian Technical Standard Order (CANTSO) Design Approval 521.103 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall submit to the Minister (a) an application that contains the information specified on the form published by the Minister entitled Canadian Technical Standard Order (CAN-TSO) Design Approval Application; (b) a description of the appliance or part that contains its principal design features and its specifications; (c) a proposed certification basis; (d) a certification plan that identifies (i) the means to be used to demonstrate that the appliance or part conforms to the applicable certification basis, (ii) the documentation that demonstrates the conformity of the appliance or part with the applicable certification basis, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Sections 521.103-521.104 (iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and (iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i); (e) a draft of the declaration of design and performance referred to in paragraph 521.107(b); and (f) the means to be used to identify the model number of an appliance or a part and the part number of each component of the appliance or part and how changes to the appliance or part will be identified. SOR/2009-280, s. 26. Effective Period of an Application 521.104 (1) Unless an applicant demonstrates, at the time of submitting an application for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, that a longer period is required for the design, development and testing of the appliance or part, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application: (a) two years, in the case of an appliance or a part other than a turbine-powered APU; or (b) three years, in the case of a turbine-powered APU. (2) If a Canadian Technical Standard Order (CAN-TSO) design approval is not issued within the applicable effective period referred to in subsection (1), the applicant may (a) submit a new application for a Canadian Technical Standard Order (CAN-TSO) design approval; or (b) apply for an extension of the effective period of the original application. (3) If the effective period of an application for a Canadian Technical Standard Order (CAN-TSO) design approval is extended under paragraph (2)(b), the standards of airworthiness applicable to the appliance or part are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Sections 521.104-521.107 issuance of the Canadian Technical Standard Order (CAN-TSO) design approval. SOR/2009-280, s. 26. Certification Basis 521.105 The Minister shall establish, in respect of an appliance or a part, a certification basis consisting of (a) the applicable standards of airworthiness referred to in section 521.106 that are in force on the date of application for the Canadian Technical Standard Order (CAN-TSO) design approval; and (b) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the Canadian Technical Standard Order (CAN-TSO). SOR/2009-280, s. 26. Standards of Airworthiness 521.106 The standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part are (a) those specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual; or (b) if no standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of the appliance or part are specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual, the minimum performance standards specified by the Minister. SOR/2009-280, s. 26. Conformity with Certification Basis 521.107 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall (a) demonstrate to the Minister that the appliance or part conforms to the certification basis established by the Minister under section 521.105; (b) submit to the Minister a declaration of design and performance that contains Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Sections 521.107-521.108 (i) the content of the certification basis, (ii) a declaration attesting to the demonstration of conformity of the appliance or part with its certification basis, (iii) information identifying the components of the type design of the appliance or part, (iv) the rated performance of the appliance or part, (v) a reference to the record documenting the means of demonstrating conformity with the certification basis, and (vi) a reference to the maintenance, overhaul and repair manuals; (c) make available to the Minister the means by which conformity is established; and (d) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the appliance or part. SOR/2009-280, s. 26. Inspections and Tests 521.108 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall (a) ensure, before conducting a test, that the item to be tested conforms to the drawings, specifications and manufacturing processes proposed for the type design of the appliance or part and that the measuring device and test equipment to be used are appropriate and calibrated for the test; (b) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the appliance or part conforms to its certification basis; (c) in accordance with the certification plan, submit to the Minister for review the data and reports resulting from the inspections, analyses and tests conducted under paragraph (b); and (d) provide the Minister with access to the appliance or part for the purpose of making any inspection, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Sections 521.108-521.110 making any engineering assessment, or conducting or witnessing any test, (i) required to verify the applicant’s declaration attesting to the demonstration of conformity of the appliance or part with its certification basis, or (ii) required to make a determination of the conformity of the appliance or part with its certification basis. SOR/2009-280, s. 26. Issuance of a Canadian Technical Standard Order (CANTSO) Design Approval 521.109 Subject to section 6.71 of the Act, the Minister shall issue a Canadian Technical Standard Order (CANTSO) design approval in respect of an appliance or a part if the applicant (a) meets the requirements set out in section 521.107; and (b) submits a signed undertaking to carry out the responsibilities specified in Division VIII. SOR/2009-280, s. 26. Change to a Type Design Approved in a Canadian Technical Standard Order (CAN-TSO) Design Approval 521.110 (1) The holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part who proposes to make a change to the appliance or part shall (a) in the case of a change to the type design, apply for a new Canadian Technical Standard Order (CAN-TSO) design approval under section 521.103; and (b) in any other case, establish procedures to ensure that the changed appliance or part continues to conform to its certification basis and make the change after the Minister accepts the procedures. (2) An individual or organization, other than the holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, who Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals Sections 521.110-521.153 proposes to make a change or repair to the appliance or part shall make an application in respect of that appliance or part for the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval, a supplemental type certificate, or a repair design approval. SOR/2009-280, s. 26. [521.111 to 521.150 reserved] Division IV — Changes to a Type Design Application 521.151 This Division applies (a) in respect of the approval of a change to the type design of an aeronautical product; and (b) to applicants for an approval of a change to the type design of an aeronautical product. SOR/2009-280, s. 26. Change to a Type Design 521.152 (1) Subject to section 521.153, no person shall undertake a change to the type design of an aeronautical product that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics except in accordance with sections 521.155 to 521.160. (2) In any other case, no person shall undertake a change to the type design of an aeronautical product except in accordance with section 521.154. SOR/2009-280, s. 26. Change to a Type Design Requiring a New Type Certificate 521.153 An applicant for the approval of a change to the type design of an aeronautical product shall submit an application for a new type certificate under section 521.28 if the Minister determines that the change is so extensive in relation to the design, configuration, power or weight of the product — including, in the case of an engine, its power limitations — that a substantially complete investigation by the applicant is necessary to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Sections 521.153-521.155 determine conformity with the applicable certification basis. SOR/2009-280, s. 26. Change Other than a Change to the Type Design 521.154 The holder of a design approval document who proposes to make a change to an aeronautical product, other than a change to the type design referred to in subsection 521.152(1), shall establish procedures to ensure that the changed aeronautical product continues to conform to its certification basis and make the change after the Minister accepts the procedures. SOR/2009-280, s. 26. Application for Approval of a Change to the Type Design 521.155 An applicant for the approval of a change to the type design of an aeronautical product shall submit to the Minister (a) an application that contains the information specified on the form published by the Minister entitled Design Change Approval Application; (b) a description of the change to the type design that identifies (i) all parts of the type design, including all parts of the approved manuals, that are affected by the change, and (ii) any re-investigations necessary to demonstrate the continued conformity of the aeronautical product with the applicable certification basis, by listing the standards of airworthiness that must be met and the means to be used to demonstrate conformity; (c) a proposed certification basis; and (d) a certification plan that identifies (i) the means to be used to demonstrate that the change to the type design of the aeronautical product conforms to the applicable certification basis, (ii) the documentation that demonstrates that the change to the type design of the aeronautical product conforms to the applicable certification basis, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Sections 521.155-521.156 (iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and (iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i). SOR/2009-280, s. 26. Effective Period of an Application 521.156 (1) Unless an applicant demonstrates, at the time of submitting an application for the approval of a change to the type design of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application: (a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or (b) three years, in the case of (i) an aircraft other than an aircraft referred to in paragraph (a), (ii) an aircraft engine, or (iii) an aircraft propeller. (2) If a change to the type design of an aeronautical product is not approved within the applicable effective period referred to in subsection (1), the applicant may (a) submit a new application for the approval of a change to the type design of the aeronautical product; or (b) apply for an extension of the effective period of the original application. (3) If the effective period of an application for the approval of a change to the type design of an aeronautical product is extended under paragraph (2)(b), the standards of airworthiness applicable to the change are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the approval of the change to the type design. SOR/2009-280, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Sections 521.157-521.158 Certification Basis 521.157 The Minister shall establish, in respect of a change to the type design of an aeronautical product, a certification basis consisting of the applicable standards referred to in sections 521.158 and 521.159. SOR/2009-280, s. 26. Standards of Airworthiness 521.158 (1) Subject to subsections (2) to (9), an applicant for the approval of a change to the type design of an aeronautical product shall demonstrate that the product meets the standards of airworthiness recorded in the type certificate data sheets and in force on the date of the application for the change. (2) The certification basis for the issuance of a repair design approval or a part design approval is that recorded in the type certificate data sheets, and includes any special conditions referred to in subsection (7). (3) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) if the Minister determines that the change is not significant in the context of all previous relevant design changes and of all related amendments to the applicable standards recorded in the type certificate data sheets. The change is significant if (a) the general configuration or principles of construction are not retained; or (b) the assumptions used in obtaining the type certificate for the aeronautical product do not remain valid. (4) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) in respect of an area, system, component, item of equipment or appliance if the Minister determines that the area, system, component, item of equipment or appliance (a) is not affected by the change; or (b) is affected by the change, but conformity with a standard referred to in subsection (1) would not contribute materially to the level of safety or would not be practical. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Section 521.158 (5) In respect of an area, system, component, item of equipment or appliance that is affected by a change, a standard referred to in subsection (3) or (4) may not predate a standard that is recorded in the type certificate data sheets or (a) in the case of a normal, utility, aerobatic and commuter category aeroplane, the standards set out in section 523.2 of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes of the Airworthiness Manual; (b) in the case of a transport category aeroplane, the standards set out in section 525.2 of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual; (c) in the case of a normal category rotorcraft, the standards set out in section 527.2 of Chapter 527 — Normal Category Rotorcraft of the Airworthiness Manual; and (d) in the case of a transport category rotorcraft, the standards set out in section 529.2 of Chapter 529 — Transport Category Rotorcraft of the Airworthiness Manual. (6) The standards of airworthiness that apply in respect of a change to the type design of an aircraft, other than a rotorcraft, having a MCTOW of 2 720 kg (6,000 pounds) or less, or of a non-turbine rotorcraft having a MCTOW of 1 360 kg (3,000 pounds) or less, are those recorded in the type certificate data sheets, unless the Minister determines that (a) the change is significant and requires compliance with an amendment to the standards that are recorded in the type certificate data sheets and that apply in respect of the change and with any other standards that are directly related to the change; and (b) compliance with the amendment referred to in paragraph (a) would contribute materially to the level of safety and would be practical. (7) An applicant for the approval of a change to the type design of an aeronautical product having a novel or unusual design feature shall comply with any special conditions that are necessary to ensure that the change provides a level of safety equivalent to that provided by the applicable certification basis determined under subsections (1) to (6), (8) and (9). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Sections 521.158-521.159 (8) If a change is made to the type design of a restricted category aircraft, or if a change to the type design of an aircraft results in the aircraft being reclassified as a restricted category aircraft, that aircraft must meet (a) the standards of airworthiness referred to in section 521.31 applicable to that category of aircraft that are in force on the date of the application for the change; or (b) the standards of airworthiness recorded in the type certificate data sheets, or an earlier amendment to a standard referred to in paragraph (a), if the standards or the amendment provide a level of safety appropriate for the intended use of that aircraft. (9) An applicant for the approval of a change to the type design of an aeronautical product may elect to include in the certification basis a later amendment to the standards of airworthiness specified in subsection (1), on the condition that the applicant comply with any other amendment that is directly related to those standards. SOR/2009-280, s. 26; SOR/2019-119, s. 20(F). Aircraft Emissions Standards 521.159 (1) Subject to subsection (2), an applicant for the approval of a change to the type design of an aeronautical product that results in a change in the noise levels of an aircraft shall demonstrate (a) that the aircraft meets the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; or (b) that the aircraft continues to meet the noise standards that applied before the change was undertaken and that are recorded in the type certificate data sheets or in a document that has been accepted by the Minister as being equivalent to a type certificate for that aircraft. (2) Subsection (1) does not apply in respect of (a) a restricted category aircraft for use in agricultural operations or fire prevention and suppression; (b) the installation or removal of floats or skis; (c) the installation or removal of external equipment on a rotorcraft; or (d) an aircraft whose certification basis does not contain noise standards, if the change to the type design does not involve Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Sections 521.159-521.160 (i) a change in the number or type of propellers, (ii) a change in the number of engines or in the principle of propulsion of the engines, or (iii) in the case of a rotorcraft, a change in the number of rotors or in the principle of operation of the rotors. (3) An applicant for the approval of a change to the type design of a turbine-powered aircraft shall demonstrate that the aircraft meets the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual. (4) An applicant for the approval of a change to the type design of an aircraft engine shall demonstrate that the aircraft engine meets the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual. (5) An applicant for the approval of a change to the type design of an aircraft shall demonstrate that the aircraft meets the carbon dioxide (CO2) emissions standards specified in Subchapter C of Chapter 516 — Aircraft Emissions of the Airworthiness Manual. SOR/2009-280, s. 26; SOR/2019-119, s. 21(F); SOR/2020-251, s. 2. Conformity with Certification Basis 521.160 (1) An applicant for the approval of a change to the type design of an aeronautical product shall (a) demonstrate to the Minister that the product conforms to the certification basis established by the Minister under section 521.157 by conducting the inspections and tests referred to in section 521.44; (b) submit to the Minister a declaration attesting to the demonstration of conformity of the product with its certification basis; (c) make available to the Minister the means by which conformity is established; (d) in the case of an aircraft, record the noise levels in its flight manual or in a supplement to that manual using the Guidelines for the Administration of Noise Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IV — Changes to a Type Design Sections 521.160-521.161 Certification Documentation set out in Attachment G of Annex 16, Volume I to the Convention; (e) submit a signed undertaking to carry out the responsibilities specified in Division VIII; and (f) submit to the Minister for approval any manual, instructions and limitations that are required by the certification basis established in respect of the product. (2) An applicant for the approval of a change to the type design of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that (a) in the case of an aircraft, no feature or characteristic makes the aircraft unsafe, taking into account the category in which certification is requested; and (b) the type design of the product provides a level of safety at least equivalent to that provided by the certification basis that applied before the change was undertaken. (3) An applicant for the approval of a change to the type design of a restricted category aircraft shall demonstrate to the Minister that (a) no feature or characteristic makes the aircraft unsafe when that aircraft is operated within the limitations specified for its intended use; and (b) the aircraft has a type design that conforms to its certification basis. SOR/2009-280, s. 26; SOR/2019-119, s. 22(F). Issuance of Approval of a Change to the Type Design 521.161 Subject to section 6.71 of the Act, the Minister shall approve a change to the type design of an aeronautical product if the applicant meets the requirements set out in section 521.160. SOR/2009-280, s. 26. [521.162 to 521.200 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division V — Supplemental Type Certificates Sections 521.201-521.205 Division V — Supplemental Type Certificates Application 521.201 This Division applies (a) in respect of the issuance of a supplemental type certificate as a result of a change to the type design of an aeronautical product; and (b) to applicants for and holders of a supplemental type certificate in respect of an aeronautical product. SOR/2009-280, s. 26. Eligibility Requirements 521.202 An applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis. SOR/2009-280, s. 26. Application for a Supplemental Type Certificate 521.203 Subject to section 521.153, an applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product for which the Minister has issued or accepted a type certificate shall submit an application to the Minister as specified in section 521.155. SOR/2009-280, s. 26; SOR/2019-119, s. 23(F). Certification Basis 521.204 The Minister shall establish, in respect of a change to the type design of an aeronautical product, a certification basis consisting of the applicable standards referred to in section 521.157. SOR/2009-280, s. 26. Conformity with Certification Basis 521.205 An applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156. SOR/2009-280, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division V — Supplemental Type Certificates Sections 521.206-521.253 Issuance of a Supplemental Type Certificate 521.206 Subject to section 6.71 of the Act, the Minister shall issue a supplemental type certificate in respect of a change to the type design of an aeronautical product if the applicant complies with the requirements set out in section 521.205. SOR/2009-280, s. 26. Change to a Type Design Approved in a Supplemental Type Certificate 521.207 The holder of a supplemental type certificate in respect of an aeronautical product who proposes to make a change to the type design approved in the supplemental type certificate shall comply with the requirements set out in section 521.152. SOR/2009-280, s. 26. [521.208 to 521.250 reserved] Division VI — Repair Design Approvals Application 521.251 This Division applies (a) in respect of the issuance of a repair design approval as a result of a repair to an aeronautical product; and (b) to applicants for and holders of a repair design approval in respect of an aeronautical product. SOR/2009-280, s. 26. Eligibility Requirements 521.252 An applicant for a repair design approval in respect of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis. SOR/2009-280, s. 26. Application for a Repair Design Approval 521.253 An applicant for a repair design approval in respect of an aeronautical product shall submit an application to the Minister as specified in section 521.155 if the repair is in respect of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VI — Repair Design Approvals Sections 521.253-521.257 (a) an aeronautical product for which the Minister has issued or accepted a type certificate; or (b) an aircraft registered in a foreign state, or an aeronautical product intended for installation on an aircraft registered in a foreign state, with which Canada has an airworthiness agreement or similar arrangement in respect of the acceptance of the technical data used to repair the aeronautical product. SOR/2009-280, s. 26. Certification Basis 521.254 The Minister shall establish a certification basis, in respect of a repair design approval for an aeronautical product, consisting of the applicable standards referred to in section 521.157. SOR/2009-280, s. 26. Conformity with Certification Basis 521.255 An applicant for a repair design approval in respect of an aeronautical product shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156. SOR/2009-280, s. 26. Issuance of a Repair Design Approval 521.256 Subject to section 6.71 of the Act, the Minister shall issue a repair design approval in respect of an aeronautical product if the applicant complies with the requirements set out in section 521.255. SOR/2009-280, s. 26. Change to a Repair Design Approved in a Repair Design Approval 521.257 The holder of a repair design approval in respect of an aeronautical product who proposes to make a change to the repair design approved in the repair design approval shall comply with the requirements set out in section 521.152. SOR/2009-280, s. 26. [521.258 to 521.300 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VII — Part Design Approvals Sections 521.301-521.304 Division VII — Part Design Approvals Application 521.301 This Division applies (a) in respect of the issuance of a part design approval for a replacement part that is intended to be installed on an aeronautical product; and (b) to applicants for and holders of a part design approval in respect of a replacement part. SOR/2009-280, s. 26. Eligibility Requirements 521.302 An applicant for a part design approval in respect of a replacement part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the replacement part with its certification basis. SOR/2009-280, s. 26. Application for a Part Design Approval 521.303 (1) An applicant for a part design approval in respect of a replacement part for an aeronautical product for which the Minister has issued or accepted a type certificate shall submit an application to the Minister as specified in section 521.155. (2) A part design approval shall not be issued if the replacement part (a) is subject to an airworthiness limitation; (b) is a standard part or a commercial part; (c) constitutes a change to the type design of the aeronautical product; or (d) creates an airworthiness limitation. SOR/2009-280, s. 26. Certification Basis 521.304 The Minister shall establish, in respect of a part design approval for a replacement part, a certification basis consisting of the applicable standards referred to in section 521.157. SOR/2009-280, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VII — Part Design Approvals Sections 521.305-521.352 Conformity with Certification Basis 521.305 An applicant for a part design approval in respect of a replacement part shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156. SOR/2009-280, s. 26. Issuance of a Part Design Approval 521.306 Subject to section 6.71 of the Act, the Minister shall issue a part design approval in respect of a replacement part if the applicant complies with the requirements set out in section 521.305. SOR/2009-280, s. 26. Change to a Part Design Approved in a Part Design Approval 521.307 The holder of a part design approval in respect of a replacement part who proposes to make a change to the part design approved in the part design approval shall comply with (a) in the case of a change to the type design, the requirements set out in Division V; and (b) in any other case, the requirements set out in section 521.154. SOR/2009-280, s. 26. [521.308 to 521.350 reserved] Division VIII — Responsibilities of a Design Approval Document Holder Application 521.351 This Division applies to holders of a design approval document. SOR/2009-280, s. 26. Technical Capability 521.352 The holder of a design approval document in respect of an aeronautical product shall have, or have access to, the technical capability (a) to conduct design analyses and tests in order to develop the data required to maintain the aeronautical product in an airworthy condition; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Sections 521.352-521.355 (b) to carry out the responsibilities specified this Division. SOR/2009-280, s. 26. Service Difficulty Reporting 521.353 The holder of a design approval document in respect of an aeronautical product shall report to the Minister, in accordance with Division IX, any reportable service difficulty related to the aeronautical product. SOR/2009-280, s. 26. Establishing a Service Difficulty Reporting System 521.354 The holder of a design approval document in respect of an aeronautical product shall establish and maintain a service difficulty reporting system for the purpose of receiving, recording, analyzing and investigating reports and information concerning a reportable service difficulty related to the aeronautical product. SOR/2009-280, s. 26. Investigation of Service Difficulty Reports 521.355 (1) When the holder of a design approval document in respect of an aeronautical product receives notice that a service difficulty report has been submitted to the Transport Canada web service difficulty reporting system in relation to the aeronautical product, the holder shall (a) investigate the service difficulty and, if it results from a deficiency in the aeronautical product, develop a corrective action to rectify the deficiency; and (b) report to the Minister the progress of the investigation and any proposed corrective action. (2) Subject to section 521.356, if the Minister determines that a corrective action is required to rectify the deficiency, the holder of the design approval document in respect of the aeronautical product shall (a) submit the technical data in support of the proposed corrective action to the Minister; and (b) undertake any corrective action that the Minister determines is necessary to rectify the deficiency. SOR/2009-280, s. 26; SOR/2019-119, s. 24(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Sections 521.356-521.357 Mandatory Changes 521.356 If the Minister determines that a corrective action is required to rectify an unsafe condition in an aeronautical product, the holder of the design approval document in respect of the aeronautical product shall (a) submit to the Minister for approval the corrective action required to rectify the unsafe condition; and (b) on approval of the corrective action, make available to each owner and each operator of the aeronautical product the information needed to rectify the unsafe condition. SOR/2009-280, s. 26. Transfer 521.357 (1) Subject to subsection (2), the Minister shall approve the transfer of a design approval document in respect of an aeronautical product from the holder of the design approval document to a transferee if (a) the holder (i) notifies the Minister in writing of the intention to transfer the design approval document, (ii) provides the Minister with the legal name, address and telephone number of the transferee, (iii) provides the Minister with the number of the design approval document, the legal name of the manufacturer and the model designation of the aeronautical product that is the subject of the transfer, (iv) returns to the Minister the original design approval document signed by the holder, and (v) provides the transferee with the type design of the aeronautical product that is the subject of the transfer and the information recorded under paragraph 521.365(a); and (b) the transferee (i) applies for the issuance of an amended design approval document, (ii) complies with the requirements set out in section 521.352, and (iii) submits a signed undertaking to carry out the responsibilities specified in this Division. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Sections 521.357-521.365 (2) If the transfer involves a foreign state, the holder of the design approval document and the transferee shall comply with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the foreign state involved in the transfer. SOR/2009-280, s. 26; SOR/2019-119, s. 25; SOR/2021-152, s. 8(F). [521.358 to 521.364 reserved] Record Keeping 521.365 The holder of a design approval document in respect of an aeronautical product shall (a) establish and maintain a system for recording (i) the type design of the aeronautical product, (ii) the analyses, tests and inspections that were conducted to demonstrate the conformity of the aeronautical product with its certification basis, (iii) the certification plan and record and the declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis, (iv) the data developed by the holder and required to maintain the aeronautical product in an airworthy condition, and (v) the distribution or initial sale of the aeronautical product; (b) at the request of the Minister, make available to the Minister the design approval document, the type design and any of the information recorded under paragraph (a); and (c) notify the Minister in writing if the holder no longer intends to make the information recorded under paragraph (a) available for the purpose of manufacture, modification, repair or installation of the aeronautical product or for maintaining the airworthiness of the aeronautical product. SOR/2009-280, s. 26; SOR/2019-119, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Sections 521.366-521.367 Loss or Disposal of Records 521.366 (1) No person shall dispose of or destroy the records containing the information recorded under paragraph 521.365(a) without the written authorization of the Minister. (2) The holder of a design approval document in respect of an aeronautical product shall notify the Minister in writing if the records containing the information recorded under paragraph 521.365(a) are lost or destroyed. SOR/2009-280, s. 26. Manuals 521.367 (1) The holder of a design approval document in respect of an aeronautical product shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including (a) an installation manual; (b) an operating manual; (c) a maintenance manual; (d) an overhaul manual; (e) servicing instructions; (f) instructions for continued airworthiness; (g) an illustrated parts manual; and (h) service bulletins or equivalent documents. (2) The holder of a design approval document other than a Canadian Technical Standard Order (CAN-TSO) Design Approval in respect of an appliance or a part shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including (a) an aircraft flight manual; (b) a structural repair manual; (c) supplemental integrity instructions; (d) a master minimum equipment list; and (e) a maintenance review board report. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Sections 521.367-521.369 (3) The holder of a design approval document in respect of an aeronautical product shall, on request, provide the Minister with up to six copies of the manuals and their supplements referred to in subsections (1) and (2), at no cost, in a format agreed to by the Minister. SOR/2009-280, s. 26. Instructions for Continued Airworthiness 521.368 If the certification basis of an aeronautical product requires that instructions for continued airworthiness be developed, the holder of a design approval document in respect of the aeronautical product shall (a) provide the instructions for continued airworthiness (i) in the case of an aeronautical product other than an aircraft, to each owner of the aeronautical product on the date of its delivery, and (ii) in the case of an aircraft, to each owner of the aeronautical product on the later of the date of its delivery and the date of the issuance of its first certificate of airworthiness; (b) provide any change to the instructions for continued airworthiness (i) in the case of an aeronautical product other than an aircraft, to each of its owners, and (ii) in the case of an aircraft, to each of its operators; (c) make available to any person referred to in subsection 571.02(1) the instructions for continued airworthiness and any changes to those instructions; and (d) submit to the Minister a plan that identifies how changes to the instructions for continued airworthiness will be made available and distributed to any person referred to in paragraph (a), (b) or (c). SOR/2009-280, s. 26. Supplemental Integrity Instructions 521.369 (1) This section applies in respect of an aeroplane for which a type certificate has been issued and that is Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Section 521.369 (a) a commuter category aeroplane operated under Subpart 4 of Part VII; or (b) a transport category aeroplane operated under Subpart 4 or 5 of Part VII. (2) Before an aeroplane referred to in subsection (1) meets the applicable in-service criterion specified in subsection (3), the holder of the type certificate in respect of the aeroplane shall (a) develop supplemental integrity instructions in accordance with subsection (4) and submit them to the Minister for approval in accordance with subsection (5); and (b) on their approval, make the supplemental integrity instructions available to each owner and each operator of an aeroplane of that type. (3) The in-service criterion that determines whether supplemental integrity instructions are required in respect of the aeroplane is that (a) the aeroplane reaches the design life goal — which is the expected period of operational service of the aeroplane — as established by the type certificate holder, and a corrosion protection and control program is in place; or (b) the aeroplane completes 20 years of service and (i) no corrosion protection and control program is in place, or (ii) no design life goal has been established. (4) The supplemental integrity instructions required under subsection (2) shall (a) specify a method for maintaining the conformity of the aeroplane with its certification basis; (b) incorporate any recommendation resulting from a detailed engineering assessment of the primary airframe structure of the aeroplane and from the service history of that aeroplane; (c) identify, for periodic review, all principal structural elements whose failure could result in the loss of the aeroplane or significantly reduce the overall structural strength of its airframe; (d) contain a supplemental structural integrity document that consists of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Section 521.369 (i) a description of each principal structural element that has been selected for supplementary inspection, modification or replacement, and its structural location, component or damage site, (ii) a description of the type of damage expected — such as fatigue, corrosion, delamination, disbondment, accidental damage or multiple-site damage — for each structural location identified, and (iii) a reference to any existing maintenance manual or service bulletin intended for the aeroplane; (e) recommend, for each principal structural element that has been selected for supplementary inspection under paragraph (d), (i) an initial or threshold inspection and the intervals for repeat inspections, and (ii) inspection methods and inspection procedures appropriate for the type of damage referred to in subparagraph (d)(ii), including any alternatives to the intervals for inspections and to the methods and procedures used; (f) specify any modifications, replacements or corrosion control measures, optional or mandatory, that could change or terminate the inspection requirements set out in paragraph (e); and (g) provide guidance for reporting to the Minister the findings from any inspection conducted using the supplemental structural integrity document. (5) The Minister shall approve the supplemental integrity instructions submitted in respect of an aeroplane if the Minister determines that the instructions provide a level of safety equivalent to that provided by the standards of airworthiness in force at the time the type certificate was issued in respect of the aeroplane. (6) The holder of a type certificate in respect of an aeroplane who proposes to make a change to the supplemental integrity instructions for the aeroplane shall (a) submit the change to the Minister for approval; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division VIII — Responsibilities of a Design Approval Document Holder Sections 521.369-521.402 (b) on approval of the change, make the changed instructions available to each owner and each operator of an aeroplane of that type. SOR/2009-280, s. 26. [521.370 to 521.400 reserved] Division IX — Service Difficulty Reporting Form and Submission 521.401 (1) A person who is required to report a service difficulty shall submit to the Minister, for each reportable service difficulty, a separate service difficulty report that contains the information specified in the form published by the Minister entitled Service Difficulty Report. (2) A service difficulty report shall be submitted (a) by electronic means, such as the Transport Canada web service difficulty reporting system; or (b) by mail or courier. SOR/2009-280, s. 26. Time Limits 521.402 (1) Subject to subsection (2), a person who is required to report a service difficulty shall submit a service difficulty report to the Minister within three working days after the day on which the reportable service difficulty is discovered. (2) If all of the information required under subsection 521.401(1) is not available within the period specified in subsection (1), an interim service difficulty report containing the following elements may be submitted to the Minister in a manner specified in subsection 521.401(2) within three working days after the day on which the reportable service difficulty is discovered: (a) the aircraft registration, if applicable; (b) the date of the occurrence of the reportable service difficulty; (c) a description of the reportable service difficulty; and (d) the name, mailing address, and telephone and fax numbers of the person submitting the report. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division IX — Service Difficulty Reporting Sections 521.402-521.427 (3) The person submitting the interim service difficulty report shall submit a complete service difficulty report that complies with the requirements set out in subsection 521.401(1) within 14 days after the day on which the reportable service difficulty is discovered. SOR/2009-280, s. 26. Service Difficulty Report Not Required 521.403 A service difficulty report is not required for a reportable service difficulty that has been reported by another person or organization. SOR/2009-280, s. 26. [521.404 to 521.425 reserved] Division X — Airworthiness Directives Application 521.426 This Division applies in respect of aeronautical products for which a design approval document has been issued or accepted by the Minister. SOR/2009-280, s. 26. Conditions for Issuance 521.427 (1) The Minister shall issue an airworthiness directive in respect of an aeronautical product if (a) an unsafe condition exists in the aeronautical product and the condition is likely to exist or develop in other aeronautical products; (b) it is necessary to modify or cancel the requirements of an airworthiness directive issued by the foreign airworthiness authority having jurisdiction over the type design of the aeronautical product because the Minister considers the airworthiness directive inappropriate for reasons related to the environment, safety, the delayed receipt of an instruction issued by the foreign airworthiness authority or reliance on foreign legislation; or (c) it is necessary to modify or cancel a Canadian airworthiness directive that is in force, because a condition for issuance referred to in paragraph (a) or (b) has changed or ceased to exist. (2) The airworthiness directive shall (a) identify the unsafe condition; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division X — Airworthiness Directives Sections 521.427-521.452 (b) identify the affected aeronautical products; (c) specify the corrective actions required; (d) specify the schedule for completion of the required corrective actions; and (e) specify its effective date. (3) This section does not apply if the unsafe condition referred to in paragraph 521.427(1)(a) is rectified by a corrective action taken under section 521.356. SOR/2009-280, s. 26. Distribution 521.428 The Minister shall distribute an airworthiness directive to (a) the registered owner of a Canadian aircraft affected by the airworthiness directive; (b) the manufacturer of an aeronautical product and the holder of the design approval document in respect of the aeronautical product; and (c) the airworthiness authority of all known states of registry of the aircraft. SOR/2009-280, s. 26. [521.429 to 521.450 reserved] Division XI — Foreign Aeronautical Products Application 521.451 This Division applies (a) in respect of the issuance of a design approval document for a foreign aeronautical product; and (b) to applicants for and holders of a design approval document in respect of a foreign aeronautical product. SOR/2009-280, s. 26. Eligibility Requirements 521.452 An applicant for a design approval document in respect of a foreign aeronautical product shall demonstrate to the Minister that the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product has issued or will issue a Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division XI — Foreign Aeronautical Products Sections 521.452-521.455 document equivalent to a design approval document in respect of that foreign aeronautical product. SOR/2009-280, s. 26. Application for a Design Approval Document 521.453 (1) Subject to subsection (2), an applicant for a design approval document in respect of a foreign aeronautical product shall submit an application to the Minister as specified in (a) section 521.28, in the case of a type certificate; (b) section 521.103, in the case of a Canadian Technical Standard Order (CAN-TSO) design approval; (c) section 521.203, in the case of a supplemental type certificate; (d) section 521.253, in the case of a repair design approval; and (e) section 521.303, in the case of a part design approval. (2) An applicant for a design approval document in respect of a foreign aeronautical product shall submit an application in accordance with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the state of design of the foreign aeronautical product. SOR/2009-280, s. 26. Exceptions 521.454 Paragraphs 521.44(a) and (b), section 521.47 and paragraph 521.108(a) do not apply in respect of a foreign aeronautical product. SOR/2009-280, s. 26. Issuance of a Design Approval Document 521.455 (1) Subject to subsection (2), if the foreign airworthiness authority having jurisdiction over the type design of a foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of the foreign aeronautical product, the Minister shall issue a design approval document if the applicant Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division XI — Foreign Aeronautical Products Sections 521.455-521.456 (a) complies with the requirements set out in the division applicable to the design approval document that is the subject of the application; and (b) demonstrates that the foreign aeronautical product conforms to the standards of airworthiness and the aircraft emissions standards referred to in the division applicable to the design approval document that is the subject of the application and that (i) are in force on the date on which the application for the document equivalent to the design approval document was submitted to the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, or (ii) are recorded by the foreign airworthiness authority in the type certificate data sheets in respect of that foreign aeronautical product. (2) If the airworthiness authority of a foreign state has entered into an airworthiness agreement or similar arrangement with Canada, the Minister shall conduct a type design examination of the foreign aeronautical product that is the subject of the application to determine if the type design of that foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart. (3) If the Minister determines that the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection (2), issue a design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the foreign aeronautical product. SOR/2009-280, s. 26. Changes to a Type Design 521.456 (1) If the holder of a design approval document issued under section 521.455 makes a change to the type design of a foreign aeronautical product that alters a condition or limitation prescribed for the foreign aeronautical product by the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, the change shall be approved by that airworthiness authority and is subject to a type design examination by the Minister. (2) If the Minister determines that the change to the type design of the foreign aeronautical product provides a Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product Division XI — Foreign Aeronautical Products Sections 521.456-531.01 level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection 521.455(2), issue an amended design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the change to the type design of the foreign aeronautical product. SOR/2009-280, s. 26. SUBPART 22 [Repealed, SOR/2009-280, s. 26] 522.01 [Repealed, SOR/2009-280, s. 26] SUBPART 23 [Repealed, SOR/2009-280, s. 26] 523.01 [Repealed, SOR/2009-280, s. 26] SUBPART 25 [Repealed, SOR/2009-280, s. 26] 525.01 [Repealed, SOR/2009-280, s. 26] SUBPART 27 [Repealed, SOR/2009-280, s. 26] 527.01 [Repealed, SOR/2009-280, s. 26] SUBPART 29 [Repealed, SOR/2009-280, s. 26] 529.01 [Repealed, SOR/2009-280, s. 26] SUBPART 31 [Repealed, SOR/2009-280, s. 26] 531.01 [Repealed, SOR/2009-280, s. 26] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SUBPART 33 [Repealed, SOR/2009-280, s. 26] Sections 533.01-549.01 SUBPART 33 [Repealed, SOR/2009-280, s. 26] 533.01 [Repealed, SOR/2009-280, s. 26] SUBPART 35 [Repealed, SOR/2009-280, s. 26] 535.01 [Repealed, SOR/2009-280, s. 26] SUBPART 37 [Repealed, SOR/2009-280, s. 26] 537.01 [Repealed, SOR/2009-280, s. 26] SUBPART 41 [Repealed, SOR/2009-280, s. 26] 541.01 [Repealed, SOR/2009-280, s. 26] Subpart 49 — Amateur-Built Aircraft Requirements 549.01 A person who intends to construct an aircraft and obtain, under paragraph 507.03(b), a special certificate of airworthiness in the amateur-built category in respect of the aircraft must (a) before starting construction, (i) inform the Minister of the intention to construct the aircraft, (ii) show that the aircraft design meets the standards specified in Chapter 549 of the Airworthiness Manual, and (iii) show that the major portion of the aircraft will be constructed from raw material and assembled on a non-commercial, non-production basis for educational or recreational purposes; and (b) during construction and again before the first flight, make the aircraft available to the Minister for inspection. SOR/98-526, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 49 — Amateur-Built Aircraft Requirements Sections 549.01-561.02 SUBPART 51 [Repealed, SOR/2009-280, s. 27] 551.01 [Repealed, SOR/2009-280, s. 27] Subpart 61 — Manufacture of Aeronautical Products Interpretation 561.01 In this Subpart, design approval means a type certificate, a supplemental type certificate, a part design approval, a Canadian Technical Standard Order (CAN-TSO) design approval or a document equivalent to any of those documents that is issued by the airworthiness authority of a foreign state; (approbation de conception) manual means the manual established under section 561.07; (manuel) Standard 561 means Standard 561 — Standard for Approved Manufacturers. (norme 561) SOR/2005-348, s. 4; SOR/2009-280, s. 28. Application 561.02 This Subpart applies in respect of the manufacture of an aeronautical product in respect of which a design approval has been issued but does not apply in respect of (a) maintenance; (b) the manufacture of standard parts; (c) the manufacture of commercial parts; or (d) the manufacture of parts during a repair or modification under subsection 571.06(4). SOR/2005-348, s. 4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Manufacturer Certificate — Application, Issuance and Amendment Section 561.03 Manufacturer Certificate — Application, Issuance and Amendment 561.03 (1) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall submit an application to the Minister that includes the documents specified in section 561.03 of Standard 561. (2) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall (a) be the holder of, or applicant for, a design approval for that aeronautical product; or (b) have written authorization from the holder of a design approval to manufacture that aeronautical product. (3) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall demonstrate that they have access to all present and future design data, process specifications and other related information necessary for the continuing airworthiness of the aeronautical product. (4) The Minister shall issue or amend a manufacturer certificate authorizing an applicant to manufacture the aeronautical products set out in the manufacturer certificate if the applicant meets the requirements of this Subpart. (5) A manufacturer certificate may authorize the manufacture of a limited number of an aeronautical product where (a) an applicant has made an application for a design approval for that aeronautical product but it has not yet been issued; or (b) an applicant is about to enter into a license agreement with the holder of the design approval for that aeronautical product. (6) Unless an expiry date is specified in the manufacturer certificate issued under subsection (4), the certificate shall remain in effect until it is surrendered by the manufacturer or suspended or cancelled. (7) A manufacturer certificate is not transferable. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Manufacturer Certificate — Application, Issuance and Amendment Sections 561.03-561.04 (8) Except as provided in section 561.06, the final assembly facilities for an aeronautical product specified in a manufacturer certificate shall be located in Canada. SOR/2005-348, s. 4. Management Personnel 561.04 (1) The holder of a manufacturer certificate shall (a) appoint a person to be responsible for all the activities performed under this Subpart and specified in the manual; (b) ensure that the person appointed has acquired experience in the areas of responsibility set out in subsection 561.04(1) of Standard 561; and (c) ensure that the person appointed demonstrates to the Minister, within 30 days after their appointment, knowledge of the topics set out in subsection 561.04(2) of Standard 561. (2) The Minister shall conduct an interview, in accordance with subsection 561.04(3) of Standard 561, to assess the appointed person’s knowledge of the topics referred to in paragraph (1)(c). (3) The Minister shall notify the person appointed of the results of the assessment and, if applicable, identify any deficiencies in their knowledge of the topics within ten days after the interview. (4) A person who, at the time this section comes into force, is already performing the functions referred to in paragraph (1)(a) may be appointed under that paragraph without meeting the requirements of paragraphs (1)(b) and (c). (5) The holder of a manufacturer certificate shall provide the person appointed with the authority and the financial and human resources necessary to ensure that the requirements of this Subpart are met. (6) The person appointed may assign responsibility for the management of specific activities, systems or programs required by this Subpart to other persons, provided that the assignments and the scope of the assigned responsibilities are specified in the manual. (7) The holder of a manufacturer certificate shall ensure that no person is appointed under paragraph (1)(a) or remains responsible for the activities referred to in that Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Management Personnel Sections 561.04-561.07 paragraph if, at the time of their appointment or during their tenure, they have a record of conviction for (a) an offence under section 7.3 of the Act; or (b) two or more offences in respect of section 561.10 of these Regulations, not arising from a single occurrence. SOR/2005-348, s. 4; SOR/2019-119, s. 27(F). Resources 561.05 The holder of a manufacturer certificate shall have, and ensure that any supplier referred to in section 561.13 has, the financial and human resources necessary for the manufacture and inspection of any aeronautical product specified in the manufacturer certificate, including those specified in section 561.05 of Standard 561. SOR/2005-348, s. 4. Facilities Located in a Foreign State 561.06 If an arrangement exists between Canada and a foreign state concerning the manufacture of an aeronautical product, the holder of a manufacturer certificate may be authorized to perform their activities under the certificate in facilities located in that foreign state if the holder (a) submits a written application to that effect to the Minister; (b) gives, by a written agreement, an undertaking to the Minister to ensure that the Minister has access to those facilities to verify that the performance of the activities complies with the requirements of the Act and these Regulations, as if those facilities were located in Canada; and (c) undertakes to pay the expenses referred to in paragraphs 104.04(1)(a) and (b) incurred by the Department of Transport under paragraph (b). SOR/2005-348, s. 4. Manual 561.07 (1) The holder of a manufacturer certificate shall establish, maintain and require the use of a manual that must include the information set out in section 561.07 of Standard 561 and that sets out policies and procedures respecting the construction and inspection of the aeronautical products specified in the manufacturer certificate. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Manual Section 561.07 (2) Subject to subsection (4), the person appointed under paragraph 561.04(1)(a) shall ensure that any person who performs work under a manufacturer certificate complies with the manual. (3) [Repealed, SOR/2019-295, s. 10] (4) Subject to the following conditions, the holder of a manufacturer certificate and any person who performs work under a manufacturer certificate may temporarily be authorized to use alternative policies and procedures to comply with subsections (2) and (3): (a) they have determined that, as a result of unforeseen or temporary circumstances, compliance with the manual would be impossible or unreasonable; (b) they believe on reasonable grounds that the safety of the aeronautical product can be achieved by complying with the alternative policies and procedures; (c) they have notified the Minister in writing; and (d) the Minister has notified them in writing that they can use those alternative policies and procedures. (5) The holder of a manufacturer certificate shall submit the manual and any subsequent amendment to the Minister for approval. (6) The Minister shall approve the manual and any subsequent amendment if they meet the requirements of this Subpart and Standard 561. (7) If the manual no longer meets the requirements of this Subpart or Standard 561, the holder of a manufacturer certificate shall (a) submit an amendment to the manual for the Minister’s approval; or (b) amend the manual immediately if instructed to do so by the Minister. (8) The person who has been assigned the responsibility under subsection 561.04(6) shall amend each copy of the manual within 30 days after receiving the Minister’s approval of an amendment to it. (9) A manual may incorporate other documents by reference if it includes policies and procedures to control the incorporated material. (10) The person appointed under paragraph 561.04(1)(a) shall ensure that any part of the manual or incorporated Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Manual Sections 561.07-561.09 document that is relevant to the work to be performed is made available to each person who performs that work. SOR/2005-348, s. 4; SOR/2015-160, s. 25(F); SOR/2019-295, s. 10. Production Control System 561.08 (1) The holder of a manufacturer certificate shall establish and maintain a production control system that consists of systems and procedures set out in section 561.08 of Standard 561 to ensure that aeronautical products comply with these Regulations throughout the manufacturing process. (2) The production control system shall be under the control of (a) the person 561.04(1)(a); or appointed under paragraph (b) a person assigned the responsibility for the management of the production control system under subsection 561.04(6). (3) The person referred to in subsection (2) who has control of the production control system shall ensure that the activities carried out under the manufacturer certificate for which they have been assigned responsibility are in compliance with this Subpart. SOR/2005-348, s. 4. Quality Assurance Program 561.09 (1) The holder of a manufacturer certificate shall, in order to ensure that all aspects of the activities carried out under the manufacturer certificate continue to comply with these Regulations, establish and maintain a quality assurance program, independent of the production control system, that (a) is under the sole control of (i) the person 561.04(1)(a), or appointed under paragraph (ii) a person assigned the responsibility for the management of the quality assurance program under subsection 561.04(6); and (b) meets the requirements specified in section 561.09 of Standard 561. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Quality Assurance Program Sections 561.09-561.10 (2) The person referred to in paragraph (1)(a) shall ensure that records related to the findings from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the procedures specified in the manual. (3) The person referred to in paragraph (1)(a) shall establish and maintain an audit system that consists of (a) an initial audit, within 12 months after the day on which the manufacturer certificate is issued, that covers all aspects of the manufacturer’s activities; (b) subsequent audits conducted at the intervals set out in the manual; (c) a record of each occurrence of compliance or noncompliance found during an audit referred to in paragraph (a) or (b); (d) procedures for ensuring that each finding of an audit is communicated to them; (e) follow-up procedures for ensuring that corrective actions are effective; and (f) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups. (4) The records required under paragraph (3)(f) shall be retained for the greater of (a) two audit cycles; and (b) two years. (5) The quality assurance program duties related to specific tasks or activities shall be performed by persons who are not responsible for and have not been involved in the performance of the tasks or activities being audited. SOR/2005-348, s. 4. Statement of Conformity 561.10 (1) No person shall sign a statement of conformity in respect of an aeronautical product unless (a) the statement contains the elements referred to in section 561.10 of Standard 561; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Statement of Conformity Sections 561.10-561.12 (b) the person has been authorized to do so by the person in control of the production control system; (c) the aeronautical product is specified in the manufacturer certificate; and (d) the aeronautical product has been manufactured in accordance with this Subpart. (2) No person shall authorize a person to sign, on behalf of the holder of a manufacturer certificate, a statement of conformity unless the person being authorized has complied with the policies and procedures set out in the manual and has successfully completed the training required under section 561.11. SOR/2005-348, s. 4. Training Program 561.11 The holder of a manufacturer certificate shall (a) establish and maintain a training program that includes the initial training, updating and any other training set out in section 561.11 of Standard 561 to ensure continued qualification that is appropriate to the function to be performed or supervised; and (b) ensure that persons who are authorized to perform or supervise the performance of any function required under this Subpart are trained in respect of the parts of the policies and procedures of the holder of the manufacturer certificate and the parts of these Regulations applicable to that function. SOR/2005-348, s. 4. Personnel Records 561.12 (1) The holder of a manufacturer certificate shall establish and maintain a personnel record for each employee of the manufacturer and retain each record for at least three years after the end of their employment. (2) A personnel record may be in paper or electronic form and shall include all of the employee’s qualifications, all authorizations to sign a statement of conformity pursuant to section 561.10 and a description of the training referred to in section 561.11. (3) The holder of a manufacturer certificate shall ensure that a copy of any record required by this section is provided to the employee referred to in the record on the completion of each training activity or the granting of an Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Personnel Records Sections 561.12-561.13 authorization to sign a statement of conformity under section 561.10. SOR/2005-348, s. 4. Control of Suppliers 561.13 (1) The holder of a manufacturer certificate who contracts work to a supplier shall ensure that (a) a written agreement with the supplier specifies the work to be performed by the supplier and provides that the Minister may have access to and inspect the supplier’s facilities and records to ensure compliance with this Subpart; (b) work is contracted only to suppliers that have been evaluated in accordance with the policies and procedures set out in the manual; (c) work is done under the holder’s supervision and is subject to the quality assurance program set out in section 561.09; (d) the supplier’s capability to perform the contracted work is evaluated and monitored; and (e) the aeronautical product conforms to its approved design. (2) If a supplier holds, in respect of an aeronautical product, a manufacturer certificate or an equivalent document issued by a foreign state with which Canada has an airworthiness agreement or similar arrangement, the issuance of the supplier’s own statement of conformity in respect of that product is considered as meeting the requirements of paragraphs (1)(c) to (e). (3) No supplier who performs work for a holder of a manufacturer certificate under this Subpart shall subcontract the work to another supplier without having first obtained the written consent of the holder of a manufacturer certificate. SOR/2005-348, s. 4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 61 — Manufacture of Aeronautical Products Aeronautical Product Records Sections 561.14-571.01 Aeronautical Product Records 561.14 (1) The holder of a manufacturer certificate shall establish and maintain records for each aeronautical product manufactured under a manufacturer certificate, including those specified in section 561.14 of Standard 561. (2) The holder of a manufacturer certificate shall ensure that product records are kept for at least three years after the day on which the statement of conformity was signed. SOR/2005-348, s. 4. Service Difficulty Reporting 561.15 The holder of a manufacturer certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being manufactured. SOR/2005-348, s. 4; SOR/2009-280, s. 29. Cessation of Manufacturing 561.16 The holder of a manufacturer certificate shall notify the Minister in writing of the permanent cessation of the manufacture of an aeronautical product specified in the manufacturer certificate within 30 days after cessation. SOR/2005-348, s. 4. Subpart 71 — Aircraft Maintenance Requirements Application 571.01 This Subpart applies, with the exception of remotely piloted aircraft systems that include remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less, ultra-light aeroplanes and hang gliders, in respect of the maintenance and elementary work performed on (a) Canadian aircraft; (b) foreign aircraft operated under Part IV or VII; (c) foreign aircraft, other than aircraft referred to in paragraph (b), if the maintenance or elementary work is performed under the terms of an agreement or technical arrangement between Canada and the state of registry of the aircraft; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Application Sections 571.01-571.02 (d) parts intended for installation on aircraft referred to in paragraphs (a) to (c). SOR/2000-404, s. 3; SOR/2019-11, s. 14. Maintenance and Elementary Work Performance Rules [SOR/2000-404, s. 4] 571.02 (1) Subject to subsection (2), a person who performs maintenance or elementary work on an aeronautical product shall use the most recent methods, techniques, practices, parts, materials, tools, equipment and test apparatuses that are (a) specified for the aeronautical product in the most recent maintenance manual or instructions for continued airworthiness developed by the manufacturer of that aeronautical product; (b) equivalent to those specified by the manufacturer of that aeronautical product in the most recent maintenance manual or instructions for continued airworthiness; or (c) in accordance with recognized industry practices at the time the maintenance or elementary work is performed. (2) A person who performs maintenance or elementary work pursuant to subsection (1) shall ensure that any measuring device or test equipment used (a) meets the specifications of the manufacturer of the aeronautical product with respect to accuracy, taking into account the intended use; and (b) if calibration requirements are published by the manufacturer of the measuring device or test equipment, is calibrated by means traceable to a national standard. (3) Except if the work is performed in respect of an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, no person shall supervise, or perform without supervision, an inspection using a method set out in column I of an item of Schedule I to this Subpart unless the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Maintenance and Elementary Work Performance Rules Sections 571.02-571.05 person holds the personnel certification set out in column II of that item. SOR/2002-112, s. 4; SOR/2003-122, s. 1. Recording of Maintenance and Elementary Work 571.03 A person who performs maintenance or elementary work on an aeronautical product shall ensure that (a) the details required by Standard 571 — Maintenance are entered in the technical record for the aeronautical product, in respect of the task performed; and (b) the technical record is accurate with respect to any outstanding elements of the work performed, in particular, the need to secure any fastening device that was disturbed to facilitate the work. SOR/2019-122, s. 21. Specialized Maintenance 571.04 No person shall perform the specialized maintenance set out in Schedule II to this Subpart on an aeronautical product other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, except in accordance with (a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating of a category appropriate to the work to be performed; or (b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed. SOR/2002-112, s. 5. Maintenance of Aircraft Operated under Part IV or VII [SOR/2000-404, s. 5] 571.05 Except in the case of a balloon, no person shall perform maintenance on an aircraft operated under Part IV or VII, or install on one of the foregoing a part that has undergone maintenance, unless the maintenance on Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Maintenance of Aircraft Operated under Part IV or VII Sections 571.05-571.06 that aircraft or part has been performed in accordance with (a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating of a category appropriate to the work to be performed; or (b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada and the agreement provides for recognition of the work to be performed. SOR/2000-404, s. 6. Repairs and Modifications 571.06 (1) Except as provided in subsection (5) and in the case of aircraft that are operated under a special certificate of airworthiness in the owner-maintenance classification, a person who signs a maintenance release in respect of a major repair or major modification on an aeronautical product shall ensure that the major repair or major modification conforms to the requirements of the relevant technical data (a) that have been approved or the use of which has been approved within the meaning of the term approved data in section 571.06 of the Airworthiness Manual; or (b) that have been established within the meaning of the term specified data in section 571.06 of the Airworthiness Manual. (2) Except as provided in subsection (5), a person who signs a maintenance release in respect of a repair or modification, other than a major repair or major modification, shall ensure that the repair or modification conforms to the requirements of the relevant technical data within the meaning of the term acceptable data in section 571.06 of the Airworthiness Manual. (3) Where an additional flight authority has been issued pursuant to paragraph 507.08(1)(c) in respect of an aircraft, no person shall change the configuration of the aircraft in such a manner that the aircraft no longer meets the conditions subject to which the flight authority applicable to the aircraft prior to the modification was issued, unless (a) the person makes an entry in the aircraft journey log required by section 605.94 indicating the flight authority that is in effect for the modified aircraft; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Repairs and Modifications Sections 571.06-571.07 (b) the change is made in accordance with technical dispatch procedures required by section 706.06. (4) Repairing or modifying an aeronautical product may include the making of a part in conformity with the standards specified in section 571.06 of the Airworthiness Manual, if no part made is (a) marked with the part number specified in the type design; or (b) installed by a person or organization other than the person or organization that made the part. (5) A person who signs a maintenance release in respect of a repair or modification performed on a foreign aeronautical product under the terms of an agreement or a technical arrangement between Canada and the aircraft’s state of registry shall ensure that the repair or modification conforms to the requirements of the relevant technical data that are specified in the agreement or technical arrangement. SOR/2000-404, s. 7; SOR/2002-112, s. 6; SOR/2003-122, s. 2. Installation of New Parts 571.07 (1) No person shall install a new part on an aeronautical product unless the part meets the standards of airworthiness applicable to the installation of new parts and, subject to subsections (2) and (3), has been certified under Subpart 61. (2) No certification referred to in subsection (1) is required where (a) a new part is a foreign-manufactured part that is certified pursuant to an agreement with Canada, which agreement provides for the acceptance of export airworthiness certification; (b) a new part is a foreign-manufactured part that is obtained from a manufacturer holding a type design recognized in Canada and the part is certified in accordance with the laws of the state of manufacture; (c) a new part, whose accompanying documentation has been verified, has been inspected in accordance with the requirements of Standard 571 — Maintenance; (d) a new part is installed on an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Installation of New Parts Sections 571.07-571.08 (e) a part is made in accordance with subsection 571.06(4). (3) No certification referred to in subsection (1) is required in respect of a new part that bears markings identifying it as a part specified in the type design and that (a) is a standard part; (b) is a commercial part; or (c) is a part that was not originally designed and manufactured for aeronautical use but has been approved for use on the aeronautical product in the type design. (d) [Repealed, SOR/2009-280, s. 30] SOR/2002-112, s. 7; SOR/2005-348, s. 5; SOR/2009-280, s. 30; SOR/2019-122, s. 21. Installation of Used Parts 571.08 (1) No person shall install a used part on an aeronautical product, other than aircraft that are operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the part meets the standards of airworthiness that are applicable to the installation of used parts and are set out in Standard 571 — Maintenance and (a) is an airworthy part that has been removed from an aircraft for immediate installation on another aircraft; (b) is an airworthy part that has undergone maintenance for which a maintenance release has been signed pursuant to paragraph 571.11(2)(c); or (c) has been inspected and tested to ensure that the part conforms to its type design and is in a safe condition, and a maintenance release has been signed to that effect. (2) If, under the terms of a loan agreement or an air operator parts pooling agreement, a used part has been obtained from a source not subject to these Regulations, no person shall permit the part to remain in service for longer than 90 days unless specifically authorized by the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Installation of Used Parts Sections 571.08-571.10 Minister on receipt of documentation demonstrating that the part conforms to the applicable type design. SOR/2002-112, s. 8; SOR/2019-122, s. 21. Installation and Disposal of Lifelimited Parts [SOR/2002-112, s. 9] 571.09 (1) No person shall install a used life-limited part on an aeronautical product unless the part meets the standards of airworthiness applicable to the installation of life-limited parts and (a) the technical history of the part within the meaning of section 571.09 of the Airworthiness Manual is available to show that the time in service authorized for that part in the type certificate governing the installation has not been exceeded; and (b) the history referred to in paragraph (a) is incorporated into the technical record for the aeronautical product on which the part is installed. (2) No person shall install a used life-limited part in a place other than that from which it was removed unless the part is installed (a) in the same or in an identical position on another aeronautical product bearing the same part number as that from which the part was removed; or (b) in conformity with the requirements in respect of technical data that have been approved or the use of which has been approved within the meaning of section 571.09 of the Airworthiness Manual. (3) When a life-limited part has reached the time in service authorized in its type design, the part shall be (a) rendered unusable; or (b) identified as not airworthy and kept segregated from airworthy parts. SOR/2002-112, s. 10. Maintenance Release 571.10 (1) No person shall sign a maintenance release required pursuant to section 605.85 or permit anyone whom the person supervises to sign a maintenance release, unless the standards of airworthiness applicable to the maintenance performed and stated in Standard 571 — Maintenance have been complied with and the maintenance release meets the applicable requirements specified in section 571.10 of the Airworthiness Manual. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Maintenance Release Sections 571.10-571.11 (2) Except as provided in subsection (4), a maintenance release shall include the following, or a similarly worded, statement: “The described maintenance has been performed in accordance with the applicable airworthiness requirements.” (3) No maintenance release is required in respect of any task designated as elementary work in the Aircraft Equipment and Maintenance Standards that is performed by (a) in the case of a glider, a balloon or an unpressurized small aircraft that is powered by a piston engine and not operated pursuant to Part IV or VII, the pilot of the aircraft; (b) in the case of an aircraft operated under Part IV or VII, a person who has been trained and authorized in accordance with the flight training unit’s or the air operator’s maintenance control manual (MCM), approved under Subpart 6 of Part IV or of Part VII, respectively; or (c) in the case of an aircraft operated pursuant to Subpart 4 of Part VI, a person who has been trained in accordance with those sections of a private operator’s operations manual that contain details of the operator’s maintenance control system. (4) Where a person signs a maintenance release in respect of maintenance performed on an aircraft, the satisfactory completion of which cannot be verified by inspection or testing of the aircraft on the ground, the maintenance release shall be made conditional on the satisfactory completion of a test flight carried out pursuant to subsections 605.85(2) and (3), by the inclusion of the phrase “subject to satisfactory test flight”. (5) No person shall sign a maintenance release in respect of specialized maintenance unless the requirements of section 571.04 have been met. SOR/2000-404, s. 8; SOR/2003-154, s. 6(F); SOR/2019-122, s. 21. Persons Who May Sign a Maintenance Release 571.11 (1) Except as provided in subsections (2) and (7), no person other than the holder of an aircraft Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Persons Who May Sign a Maintenance Release Section 571.11 maintenance engineer (AME) licence issued under Part IV, specifying a rating appropriate to the aeronautical product being maintained, shall sign a maintenance release as required by section 571.10. (2) A person other than a person described in subsection (1) may sign a maintenance release if (a) in the case of maintenance performed outside Canada, (i) the person is authorized to sign under the laws of a state that is party to an agreement or a technical arrangement with Canada and the agreement or technical arrangement provides for such certification, or (ii) if no agreement or technical arrangement provides for such certification, the person holds qualifications that the Minister determines to be equivalent to those of a person described in subsection (1); (b) in the case of maintenance performed on an aircraft that is operated under a special certificate of airworthiness in the amateur-built classification, the person is an owner of the aircraft; (c) in the case of maintenance performed on a part that is intended for installation on an aircraft, the person has been authorized to sign by the holder of an approved maintenance organization (AMO) certificate issued under section 573.02; and (d) in the case of maintenance performed on an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance classification, the person is a licensed pilot and an owner of the aircraft. (3) Except as provided in subsection (7), no person shall sign a maintenance release in respect of maintenance performed on an aircraft operated under Part IV or VII, or on parts intended to be installed on the aircraft, unless (a) the person is authorized to sign in accordance with a maintenance policy manual (MPM) established by the holder of an AMO certificate issued under section 573.02 with a rating of a category appropriate to the work performed; or (b) if the maintenance is performed outside Canada, the person is authorized to sign in accordance with a foreign document equivalent to an MPM, established by a maintenance organization approved under the laws of a state that is party to an agreement or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Persons Who May Sign a Maintenance Release Section 571.11 technical arrangement with Canada and the agreement or technical arrangement provides for such certification. (4) Except as provided in subsections (5) and (7), no person shall sign a maintenance release in respect of maintenance performed on a transport category aeroplane or a turbine-powered helicopter, unless the person (a) has successfully completed a course of maintenance training that has been approved by the Minister and that is applicable to the type of aircraft, engine or system on which the maintenance is performed, in accordance with Appendix M of Standard 571 — Maintenance; or (b) held a type rating applicable to the type of aircraft, engine or system on which the maintenance is performed, issued by the Minister before August 1, 1999. (5) The holder of an applicable AME licence may sign a maintenance release in respect of maintenance performed on a transport category aeroplane or a turbinepowered helicopter that consists of any of the types of work set out in Schedule III without having successfully completed the course required by paragraph (4)(a) and without having held the type rating required by paragraph (4)(b). (6) If a maintenance release is signed by a person in respect of work performed by another person, the person signing the maintenance release must personally observe the work to the extent necessary to ensure that it is performed in accordance with the requirements of any applicable standards of airworthiness and, specifically, the requirements of sections 571.02 and 571.10. (7) A person who is not the holder of an AME licence specifying a rating appropriate to the aeronautical product being maintained may sign a maintenance release if the person holds a restricted certification authority issued in accordance with subsection (8), in respect of a particular case specified on the restricted certification authority. (8) The Minister shall issue a restricted certification authority and specify therein its validity period and the scope of the work that may be performed, if (a) an application is made in accordance with section 571.11 of the Airworthiness Manual; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 71 — Aircraft Maintenance Requirements Persons Who May Sign a Maintenance Release Sections 571.11-571.13 (b) the applicant demonstrates to the Minister that there is no holder of an AME licence specifying a rating appropriate to the aeronautical product being maintained available within a geographical area accessible within one hour by surface transportation; (c) the person to whom the restricted certification authority is to be issued has received the training and has the knowledge equivalent to that of a holder of an AME licence specifying a rating appropriate to the aeronautical product being maintained; and (d) the level of aviation safety is not affected by the issuance of the restricted certification authority. SOR/2000-404, s. 9; SOR/2002-112, s.11; SOR/2019-122, s. 3. Reporting Major Repairs and Major Modifications 571.12 A person who performs a major repair or major modification on an aeronautical product or installs on an aircraft a part that has undergone a major repair or major modification shall report the action to the Minister in accordance with the procedures specified in section 571.12 of the Airworthiness Manual. Installation of Parts (General) 571.13 (1) Subject to sections 571.07 to 571.09, no person shall install a part on an aeronautical product unless the part is (a) inspected and its accompanying documentation verified in accordance with a procedure that ensures that the part conforms to its type design, as is indicated by the maintenance release; and (b) installed in accordance with the requirements of section 571.13 of the Airworthiness Manual. (2) If a part is obtained from an aeronautical product that was damaged or permanently withdrawn from service, the part shall not be installed unless it (a) can be traced to the manufacturer certificate holder; and (b) is inspected in conformity with the instructions for continued airworthiness or, if the part has been repaired or modified, it can be ascertained that the work was performed in accordance with approved data Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE I Section 571.13 within the meaning of section 571.06 of the Airworthiness Manual. SOR/2002-112, s. 12. SCHEDULE I (Subsection 571.02(3)) Personnel Certification for Non-Destructive Testing (NDT) Column I Item Method NDT using liquid penetrant, magnetic particle, e or ultrasonic methods, not performed pursuant t Appendix K of Standard 571 — Maintenance NDT using radiographic methods SOR/2000-404, s. 10; SOR/2019-122, s. 21. ANNEXE I (paragraphe 571.02(3)) Certification du personnel affecté aux essais non destructi Colonne I Article Méthode Les END par ressuage, par magnétoscopie, par de Foucault ou par ultrasons, qui ne sont pas ef conformément à l’appendice K de la norme 571 Maintenance Les END par rayonnements ionisants DORS/2000-404, art. 10; DORS/2019-122, art. 21. SCHEDULE II (Section 571.04) Specialized Maintenance The following tasks constitute the specialized maintenance referred to in section 571.04 of these Regulations. Airframe 1 (1) The modification, repair or replacement by riveting, bonding or laminating, or the making of any of the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE II Specialized Maintenance Section 571.13 following airframe parts is structural specialized maintenance: (a) a box beam; (b) a wing stringer or chord member; (c) a spar; (d) a spar flange; (e) a member of a truss-type beam; (f) the web of a beam; (g) a keel or chine member of a flying boat hull or a float; (h) a corrugated sheet compression member in a wing or tail surface; (i) a wing main rib; (j) a wing or tail surface brace strut; (k) an engine mount; (l) a fuselage longeron or frame; (m) a member of a side truss, horizontal truss or bulkhead; (n) a seat support brace or bracket, excluding the replacement of seat rails; (o) a seat rail replacement for transport category aircraft; (p) a landing gear strut or brace strut; (q) an axle; (r) a wheel; and (s) a ski or ski pedestal, excluding the replacement of a low-friction coating. (2) The modification or repair of any of the following parts of an airframe is structural specialized maintenance: (a) aircraft skin, or the skin of an aircraft float, if the work requires the use of a support, jig or fixture; (b) aircraft skin that is subject to pressurization loads, if the damage to the skin measures more than 15 cm (6 inches) in any direction; (c) a load-bearing part of a control system, including a control column, pedal, shaft, quadrant, bellcrank, torque tube, control horn and forged or cast bracket, but excluding (i) the swaging of a repair splice or cable fitting, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE II Specialized Maintenance Section 571.13 (ii) the replacement of a push-pull tube end fitting that is attached by riveting; and (d) any other structure that a manufacturer has identified as a primary structure in its maintenance manual, structural repair manual or any instructions for continuing airworthiness. Engine 2 Any of the following types of tasks is engine specialized maintenance: (a) the reassembly of a multi-part engine crankshaft or a crankshaft equipped with a dynamic counterweight system; (b) the reassembly of the crankcase of a reciprocating engine that is equipped with an integral supercharger or a propeller reduction gear; (c) the overhaul of a reciprocating engine that is equipped with an integral or turbo supercharger; and (d) the overhaul of a turbine engine or turbine engine module. Propeller 3 Any of the following types of propeller repair, if the work is beyond the limits recommended in the manufacturer’s maintenance manual or service instructions for service in the field is propeller specialized maintenance: (a) the re-contouring, twisting, shortening or straightening of a propeller blade or the blending of damage thereto; (b) the repair or machining of a propeller hub, excluding the removal of surface corrosion or application of a protective coating; (c) the reinstallation of a metal leading edge sheath or tip of a wooden blade; (d) the replacement of the outer protective coating on a wooden blade, excluding the restoration of varnish; (e) the repair of an elongated propeller attachment or propeller blade attachment bolt hole; (f) the inlaying of a repair patch on a wooden blade; (g) the repair of a composite blade; and (h) an overhaul or repair involving the reassembly of a controllable-pitch propeller, excluding the reassembly of a propeller that has been disassembled for shipping purposes, or the replacement of seals. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE II Specialized Maintenance Section 571.13 Avionics 4 (1) The repair of avionics components and systems is avionics specialized maintenance, except for: (a) repairs of wiring and connectors; (b) replacement of connectors and electrical components with identical or equivalent items; (c) replacement of antennas with identical or equivalent items; (d) replacement of integral fuses and lighting components when the line replaceable unit (LRU) is designed for flight-line replacement of these components; (e) replacement of an avionics LRU provided that any testing required can be done using standard test equipment, built-in test equipment (BITE) or equipment specified in the aircraft manufacturer’s instructions for continuing airworthiness; (f) on-site maintenance of passenger entertainment systems performed in accordance with the applicable instructions in the maintenance manual of the aircraft or systems manufacturer or the manufacturer’s instructions for continuing airworthiness; and (g) routine maintenance that is described in the aircraft manufacturer’s maintenance manual or instructions for continuing airworthiness or performed in accordance with currently recognized industry practices for service in the field. (2) Any avionics system installation or modification is avionics specialized maintenance except for: (a) installation of ELT systems conforming to the CAN-TSO as set out in section 551.104 of Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual, if the ELT systems are not interfaced with any other systems; (b) installation of single VHF communication or single integrated navigation/communication systems that are not interfaced with any other system, other than an intercom system; (c) installation of VFR long-range navigation systems which are not interfaced with any other systems; (d) modifications to existing avionics installations, where no additional test requirements are imposed on the affected system other than those which would be required following routine maintenance of that system; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE II Specialized Maintenance Section 571.13 (e) installation of instruments which are not interfaced with any other systems; and (f) replacement of an avionics LRU where equivalency is maintained, and where no additional test requirements are imposed on the affected system other than those which would be required following routine maintenance of that system. Instrument 5 Maintenance of instruments, other than display devices whose operation is integrated with an appliance to which another category of specialized maintenance applies, if the work is beyond the limits recommended in the manufacturer’s maintenance manual or service instructions for service in the field, is instrument specialized maintenance. Component 6 Any of the following types of maintenance of an appliance or component, where the work is beyond the limits recommended in the manufacturer’s maintenance manual or service instructions for service in the field, is component specialized maintenance: (a) the reassembling of valves that are activated electrically or through the use of controlled fluid pressure; (b) the calibrating or flow checking of any fuel metering or air metering component, other than a float-type carburettor; (c) the overhaul of any pressure-type fuel, oil, pneumatic or hydraulic pump; (d) a repair involving the disassembly of speed-regulating devices, including an engine or propeller governor or a constant-speed drive; (e) the overhaul of a rotor head, transmission or any mechanism used to transmit power to the rotors of a tilt-wing aircraft or helicopter; (f) the repair of a helicopter rotor blade; (g) the rewinding of the field coil or armature of an electrical accessory; (h) the overhaul of an aircraft magneto; and (i) the patch repair of a bladder-type fuel tank. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE III Types of Work Section 571.13 Welding 7 The welding of the following parts is welding specialized maintenance: (a) any part of the primary structure, including a wheel, an axle and a passenger restraint or cargo restraint system; (b) any part of an aircraft system, including a fuel tank, an oil tank and a pneumatic or hydraulic container; and (c) any structural or dynamic engine part. Non-destructive Testing (NDT) 8 Any required inspection of an aeronautical product that uses liquid penetrant, magnetic particle, radiographic, ultrasonic or eddy current methods, unless the inspection is performed under Appendix K to Standard 571 — Maintenance, is Non-Destructive Testing (NDT) Specialized Maintenance. SOR/2000-404, s. 11; SOR/2003-122, s. 3; SOR/2009-280, s. 31; SOR/2020-238, s. 4. SCHEDULE III (Subsection 571.11(5)) Types of Work 1 Application of fabric patches to aircraft skin, not inv Replacement of tires, wheels, brakes, skis, landing s Replenishment and charging of oleos Replacement of seats, safety belts and seat harness Repair of upholstery and cabin trim, repositionin passenger service units Removal and replacement of cabin doors in non-pre Cleaning, testing and replacement of spark-plugs an Checking of cylinder compression Draining and replenishment of oil systems Cleaning and replacement of fuel, oil and air filters Checking and replacement of magnetic chip detecto Adjustment of generator and alternator drive belt te Replacement, charging, testing and deep cycling of Replacement of fuses, light-bulbs and reflectors Replacement of voice communication line replaceab Replacement of instruments and indicators that do Opening and securing of circuit breakers in accorda Calibration and adjustment of direct reading magne Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SCHEDULE III (French) Installation of Parts (General) Section 571.13 Leak testing of pitot-static systems Disabling and locking of thrust reverser systems in Stowage of airstairs and doors by other than norm equipment list Installation of slides, rafts and emergency equipme Aircraft structural repairs that do not affect aircraft s SOR/2000-404, s. 11. ANNEXE III (paragraphe 571.11(5)) Types de travaux 1 Rapiéçage de la toile d’un aéronef sans dépose des Remplacement des pneus, des roues, des frein d’atterrissage.Remplacement des pneus, des roue patins d’atterrissage. Remplissage et charge des amortisseurs oléopneum Remplacement des sièges, des ceintures de sécurité Réparation du capitonnage et des garnitures de ca partie de la structure et de postes de service aux pa Dépose et remplacement de portes de cabine dans Nettoyage, essais et remplacement de bougies et d Vérification de la compression des cylindres. Vidange et remplissage des circuits d’huile. Nettoyage et remplacement des filtres à huile, à car Vérification et remplacement des détecteurs de part Réglage de la tension des courroies d’entraînement Remplacement, charge, essais et cycle de décharge Remplacement de fusibles, d’ampoules et de réflect Remplacement de postes d’équipement de comm rapidement. Remplacement d’instruments et d’indicateurs ne né Ouverture et neutralisation de disjoncteurs, conform Étalonnage et réglage d’indicateurs de direction ma Recherche des fuites dans les circuits anémométriq Neutralisation et verrouillage des inverseurs de pou approuvée. Rangement des escaliers escamotables et des port à une liste d’équipement minimal approuvée. Pose de glissières, de radeaux et d’équipement de s Réparation des structures d’aéronefs qui n’a pas d’i DORS/2000-404, art. 11. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Sections 573.01-573.03 Subpart 73 — Approved Maintenance Organizations Division I — General [SOR/2005-173, s. 14] Application for Approval [SOR/2005-173, s. 29] 573.01 (1) An applicant for an approved maintenance organization (AMO) certificate or for an amendment of an AMO certificate that is in effect shall make an application in the form and manner specified in Standard 573 — Approved Maintenance Organizations. (2) An applicant referred to in subsection (1) shall submit to the Minister with the application a copy of its maintenance policy manual (MPM) required pursuant to subsection 573.10(1). SOR/2005-173, s. 28. Entitlement to and Scope of Certificate [SOR/2005-173, s. 29] 573.02 (1) The Minister shall issue to a maintenance organization that demonstrates that it meets the requirements of this Subpart an approved maintenance organization (AMO) certificate authorizing the maintenance of specified aeronautical products or the provision of specified maintenance services. (2) The AMO certificate shall specify, in accordance with the criteria specified in section 573.02 of Standard 573 — Approved Maintenance Organizations, any category in which ratings have been issued and shall list the aeronautical products that the AMO is authorized to maintain or the maintenance services that the AMO is authorized to perform. (3) The scope of the work that may be performed under each rating specified on the AMO certificate is determined by limitations that are set out in the certificate. (4) Unless an expiry date is specified in an AMO certificate issued pursuant to subsection (1), the certificate remains in effect until it is surrendered, suspended or cancelled. SOR/2005-173, s. 15. Duties of Certificate Holder 573.03 (1) The holder of an approved maintenance organization (AMO) certificate shall Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Section 573.03 (a) appoint a person responsible for maintenance; (b) ensure that the person responsible for maintenance meets the requirement set out in subsection 573.04(1); (c) subject to subsection (4), ensure that the person responsible for maintenance (i) has achieved a grade of 70% or more in an openbook examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations, and (ii) meets the experience requirement set out in subsection 573.04(1) of Standard 573 — Approved Maintenance Organizations; (d) ensure that the person responsible for maintenance demonstrates to the Minister knowledge of the topics set out in subsection 573.04(2) of Standard 573 — Approved Maintenance Organizations within 30 days after their appointment; (e) ensure that the person responsible for maintenance performs the duties referred to in subsections 573.04(3) and 573.09(2) and (3); (f) provide the person responsible for maintenance with the financial and human resources necessary to ensure that the holder of the AMO certificate meets the requirements of these Regulations; (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under subsection 573.09(1) or a safety management system referred to in section 573.30; and (h) conduct reviews of the safety management system to determine its effectiveness. (2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(d). (3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview. (4) The knowledge requirement set out in subparagraph (1)(c)(i) does not apply in respect of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.03-573.04 (a) a person responsible for maintenance who held that position on January 1, 1997; or (b) the holder of an aircraft maintenance engineer (AME) licence. (5) The experience requirement set out in subsection 573.04(1) of Standard 573 — Approved Maintenance Organizations does not apply in the case of an AMO certificate in respect of which no rating in the aircraft, avionics, instrument, engine or propeller category has been issued if the accountable executive can demonstrate to the Minister by means of a risk assessment that the lesser experience is appropriate to the scope of work performed by the AMO and will not affect aviation safety or the safety of the public. (6) The holder of an AMO certificate shall ensure that no person is appointed to be responsible for maintenance or remains responsible for maintenance if, at the time of their appointment or during their tenure, they have a record of conviction for (a) an offence under section 7.3 of the Act; or (b) two or more offences under any of sections 571.10 and 571.11 not arising from a single occurrence. (7) The holder of a certificate referred to in subsection (1) shall ensure that the person managing the safety management system who is referred to in section 573.32 performs the duties set out in that section. SOR/2005-173, s. 16; SOR/2005-357, s. 5; SOR/2019-295, s. 11. Person Responsible for Maintenance 573.04 (1) The person responsible for maintenance shall, within 30 days after their appointment under paragraph 573.03(1)(a), submit to the Minister a signed statement that they accept the responsibilities of their position. (2) [Repealed, SOR/2019-295, s. 12] (3) The person responsible for maintenance shall, where a finding resulting from a quality assurance program established under subsection 573.09(1) or a safety management system referred to in section 573.30 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.04-573.05 (c) if management functions have been assigned to another person under subsection (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. (4) The person responsible for maintenance may assign the management functions for the entire quality assurance program established under subsection 573.09(1) or for the safety management system referred to in 573.30 to another person if (a) that person meets the requirements set out in paragraphs 573.03(1)(c) and (d) and subsection 573.03(6); and (b) the assignment and its scope are described in the AMO’s MPM. (5) The person responsible for maintenance may assign the management functions for specific maintenance activities to another person if the assignment and its scope are described in the AMO’s MPM. (6) The responsibility of the person responsible for maintenance is not affected by the assignment to another person of management functions under subsection (4) or (5). SOR/2005-173, s. 16; SOR/2019-295, s. 12. Authorization to Sign a Maintenance Release [SOR/2005-173, s. 29] 573.05 (1) No approved maintenance organization (AMO) certificate holder shall authorize a person to sign a maintenance release unless the person meets the applicable requirements of section 571.11 and has successfully completed the training required by section 573.06. (2) No AMO certificate holder shall authorize a person to sign a maintenance release under paragraph 571.11(2)(c) unless the person has, in respect of the work being certified, demonstrated to the certificate holder levels of knowledge and experience that are appropriate and that meet the applicable criteria set out in section 573.05 of Standard 573 — Approved Maintenance Organizations. SOR/2005-173, s. 17. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.06-573.08 Training Program [SOR/2005-173, s. 29] 573.06 (1) An approved maintenance organization (AMO) certificate holder shall implement a training program to ensure that persons authorized to perform or supervise the performance of any function under this Subpart are trained in respect of the regulations, the standards and the AMO procedures applicable to that function. (2) The program required by subsection (1) shall include initial training, updating and any other training necessary, within the meaning assigned to those terms in section 573.06 of Standard 573 — Approved Maintenance Organizations, to ensure continued qualification that is appropriate to the function to be performed or supervised. SOR/2005-173, s. 18. Personnel Records [SOR/2005-173, s. 29] 573.07 (1) An approved maintenance organization (AMO) certificate holder shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of (a) all personal qualifications in respect of appointments made pursuant to section 573.03 and in respect of assignments of functions made pursuant to section 573.04; (b) all of the authorizations to sign a maintenance release pursuant to section 573.05; and (c) all of the training conducted pursuant to section 573.06. (2) An AMO certificate holder shall provide a copy of a record required by this section to the person to whom the record refers on the completion of each training activity or the granting of an authorization referred to in paragraph (1)(b). Facilities, Equipment, Standards and Procedures [SOR/2005-173, s. 29] 573.08 (1) An approved maintenance organization (AMO) certificate holder shall provide the facilities and equipment specified in Standard 573 —Approved Maintenance Organizations that are necessary for the work to be performed. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.08-573.09 (2) Except in cases provided for in a maintenance policy manual (MPM), work performed by an AMO certificate holder shall be performed in the facilities required by subsection (1), unless unforeseen circumstances do not permit the work to be performed in those facilities and the safety of the aircraft is not affected by the fact that the work is performed elsewhere. (3) Where an AMO uses standards equivalent to those of the manufacturer of an aeronautical product for the performance of work pursuant to paragraph 571.02(1)(b), those standards shall be identified in accordance with section 573.10. (4) Where a task undertaken by an AMO is divided into sub-tasks, the person appointed pursuant to section 573.03 shall establish a system of task control to ensure that all of the sub-tasks are completed prior to the signing of a maintenance release in respect of the completion of that task. SOR/2005-173, s. 28. Quality Assurance Program [SOR/2005-173, s. 29] 573.09 (1) The holder of an approved maintenance organization (AMO) certificate shall establish and maintain a quality assurance program consisting of provisions for sampling maintenance processes to evaluate the AMO’s ability to perform its maintenance in a safe manner. (2) The person responsible for maintenance shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance policy manual (MPM). (3) The person responsible for maintenance shall establish an audit system in respect of the quality assurance program that consists of the following: (a) an initial audit within 12 months after the date on which the AMO certificate is issued; (b) subsequent audits conducted at intervals set out in the MPM; (c) checklists of all activities controlled by the MPM; (d) a record of each occurrence of compliance or noncompliance with the MPM found during an audit referred to in paragraph (a) or (b); Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.09-573.10 (e) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 573.04(4) or (5), to that person; (f) follow-up procedures for ensuring that corrective actions are effective; and (g) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups. (4) The records required under paragraph (3)(g) shall be retained for the greater of (a) two audit cycles; and (b) two years. (5) The duties related to the quality assurance program that involve specific tasks or activities within an AMO’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities. SOR/2005-173, s. 19. Maintenance Policy Manual [SOR/2005-173, s. 29] 573.10 (1) An approved maintenance organization (AMO) certificate holder shall establish, maintain and authorize the use of a maintenance policy manual (MPM) that contains information to ensure the efficiency of the AMO’s maintenance policies, dealing with the subjects set out in Standard 573 —Approved Maintenance Organizations. (2) The Minister may authorize the incorporation by reference in an MPM of detailed procedures manuals and lists prepared by the AMO certificate holder, dealing with the subjects set out in Standard 573 —Approved Maintenance Organizations, where (a) the policy affecting those detailed procedures and the composition of the lists is set out in the MPM; (b) each incorporation is clearly indicated in the MPM; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Section 573.10 (c) the AMO certificate holder ensures that the incorporated procedures manuals and lists meet the requirements of this section. (3) Where detailed procedures manuals or lists are being incorporated by reference in an MPM, the person appointed pursuant to section 573.03 or another person to whom that management function is assigned pursuant to section 573.04 shall certify in writing that the incorporated documents and every amendment thereto meet the requirements of the policy established in the MPM with respect to those documents. (4) An AMO certificate holder need not conform to the policy and procedures contained in its MPM, where the Minister has authorized the non-conformity in writing, after it has been demonstrated that such non-conformity would not affect the safety of the aeronautical product to be maintained or the maintenance service to be offered. (5) An AMO certificate holder shall submit each page of its MPM to the Minister for approval, either individually or in accordance with a procedure that ensures compliance with the requirements of Standard 573 —Approved Maintenance Organizations. (6) An AMO certificate holder shall amend its MPM when instructed to do so by the Minister, where the MPM does not (a) meet the requirements of this Subpart; or (b) contain policies or procedures that are sufficiently detailed to demonstrate that the AMO’s quality assurance program meets the requirements of these Regulations. (7) An AMO certificate holder shall take steps to ensure that a current copy of its MPM, or the portions thereof that are relevant to the task to be performed, is made available to each person who performs or certifies that task. (8) An AMO certificate holder shall amend each copy of its MPM within 30 days after receiving an approval issued pursuant to subsection (5). (9) The Minister shall, if the standards set out in Standard 573 —Approved Maintenance Organizations are met, approve an MPM and any amendments to that manual. SOR/2000-404, s. 12; SOR/2005-173, s. 28. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Section 573.11 Maintenance Arrangements [SOR/2005-173, s. 29] 573.11 (1) Except as provided in subsection (2), no approved maintenance organization (AMO) certificate holder shall permit an external agent to perform maintenance on its behalf unless (a) the external agent holds an AMO certificate with a rating of a category specified pursuant to section 573.02 that is appropriate to the type of work to be performed or the aeronautical product to be maintained; (b) where the work is to be performed outside Canada, the external agent has been authorized to do the type of work to be performed or to perform maintenance on the type of aeronautical product to be maintained under the laws of a state that is party to an agreement with Canada and the agreement provides for the recognition of maintenance functions; or (c) in all other cases, the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations. (2) Subject to subsection (4), an AMO certificate holder may permit work to be performed by an external agent other than an agent described in subsection (1) where the work is performed in accordance with an arrangement that provides for it, under the direct supervision of the person appointed pursuant to section 573.03 or 573.04 and certified by persons authorized to do so in accordance with the approved procedures set out in the AMO’s maintenance policy manual (MPM). (3) Arrangements respecting work to be performed by external agents pursuant to subsection (2) shall be made in accordance with procedures governing maintenance arrangements set out in the MPM or, if no such procedures are set out in the MPM, shall be approved by the Minister as ensuring conformity with the requirements of this Subpart. (4) An AMO certificate holder that requests an external agent to perform work shall (a) where the work is to be performed pursuant to subsection (1) or (2), be responsible for specifying the tasks to be performed by the agent and ensuring completion of the work; and (b) where the work is to be performed pursuant to subsection (2), be responsible for ensuring the conformity of that work with the requirements of Subpart 71. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.11-573.13 (5) A maintenance arrangement that is made by a foreign air operator to have its maintenance done in Canada by a person or organization that holds an AMO certificate issued pursuant to section 573.02 shall be authorized by a maintenance specification issued to the AMO in accordance with the requirements of Standard 573 — Approved Maintenance Organizations, where the air operator is from a state that (a) is party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is specified in the agreement; or (b) is not party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is requested by that state. SOR/2005-173, s.28. Service Difficulty Reporting [SOR/2005-173, s. 29] 573.12 The holder of an approved maintenance organization (AMO) certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being maintained. SOR/2009-280, s. 32. Foreign Approvals [SOR/2005-173, s. 29] 573.13 An application submitted by a maintenance organization for the issuance or amendment of an approved maintenance organization (AMO) certificate authorizing the performance of work in facilities located outside Canada is granted if (a) the applicant has demonstrated that the issuance of the approval in respect of those facilities is in the public interest as provided for in subsection 6.71(1) of the Act; (b) the applicant has recognized by advance agreement the Minister’s right to enter and inspect those facilities and seize anything found in those facilities, under the same conditions as would govern the exercise of the Minister’s powers pursuant to subsection 8.7(1) of the Act if the facilities were located in Canada; (c) the AMO has agreed to reimburse the Minister for any expenses incurred by Department of Transport personnel in carrying out the activities provided for in paragraph (b) in respect of those facilities; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division I — General Sections 573.13-573.30 (d) in the case of an AMO whose facilities are located outside Canada, the Minister specifies on the AMO certificate the date on which the certificate expires. Identification of an AMO 573.14 (1) No person, other than the holder of an approved maintenance organization (AMO) certificate issued in accordance with this Subpart, shall identify oneself as an AMO certificate holder. (2) A person who holds an AMO certificate issued in accordance with this Subpart shall not include, in a list of approved maintenance services offered for aeronautical products, a service that is outside the scope of the person’s AMO certificate. Technical Records [SOR/2005-173, s. 29] 573.15 An approved maintenance organization (AMO) certificate holder shall maintain records in accordance with section 573.15 of Standard 573 — Approved Maintenance Organizations for work performed on all aeronautical products maintained and keep those records for at least two years beginning on the date that the maintenance release was signed. SOR/2003-122, s. 4. [573.16 to 573.29 reserved] Division II — Safety Management System Requirements 573.30 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an approved maintenance organization (AMO) certificate authorizing the holder to perform maintenance on an aircraft operated under Subpart 5 of Part VII shall (a) meet the requirements of Subpart 7 of Part I and section 573.31; and (b) be under the control of the person responsible for maintenance appointed under paragraph 573.03(1)(a). SOR/2005-173, s. 20. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division II — Safety Management System Section 573.31 Components of the Safety Management System 573.31 (1) The safety management system shall include, among others, the following components: (a) a safety management plan that includes (i) a safety policy that the accountable executive has approved and communicated to all employees, (ii) the roles and responsibilities of personnel assigned duties under the quality assurance program established under subsection 573.09(1) or the safety management system, (iii) performance goals and a means of measuring attainment of those goals, (iv) a policy for the internal reporting of a hazard, an incident or an accident, including the conditions under which immunity from disciplinary action will be granted, and (v) a review of the safety management system to determine its effectiveness; (b) procedures for reporting a hazard, an incident or an accident to the appropriate manager; (c) procedures for the collection of data relating to hazards, incidents and accidents; (d) procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 573.09(3) and for taking corrective actions; (e) an audit system referred to in subsection 573.09(3); (f) training requirements for the person responsible for maintenance and for personnel assigned duties under the safety management system; and (g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness Subpart 73 — Approved Maintenance Organizations Division II — Safety Management System Sections 573.31-591.01 (2) The components specified in subsection (1) shall be set out in the approved maintenance organization (AMO) certificate holder’s maintenance policy manual (MPM). SOR/2005-173, s. 20. Person Managing the Safety Management System 573.32 The person managing the safety management system in respect of an approved maintenance organization (AMO) shall (a) establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety; (b) identify hazards and carry out risk management analyses of those hazards; (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system; (d) establish and maintain a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents; (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents; (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the AMO; (g) determine the adequacy of the training required by paragraph 573.31(1)(f); and (h) where the person responsible for maintenance has assigned the management functions for the safety management system under subsection 573.04(4) to another person, report to the person responsible for maintenance the hazards, incidents and accidents identified under the safety management system required under section 573.30 or as a result of an audit required under paragraph 573.31(1)(e). SOR/2005-173, s. 20. SUBPART 91 [Repealed, SOR/2009-280, s. 33] 591.01 [Repealed, SOR/2009-280, s. 33] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part V — Airworthiness SUBPART 93 [Repealed, SOR/2009-280, s. 33] Sections 593.01-600.01 SUBPART 93 [Repealed, SOR/2009-280, s. 33] 593.01 [Repealed, SOR/2009-280, s. 33] 593.02 [Repealed, SOR/2009-280, s. 33] Part VI — General Operating and Flight Rules Interpretation 600.01 In this Part, ADIZ or Air Defence Identification Zone means the airspace that extends upward from the surface in those areas of Canada and off the coasts of Canada, the boundaries of which are specified in the Designated Airspace Handbook; (ADIZouzone d’identification de défense aérienne) aerial application means the seeding from an aircraft or the spraying or dusting of chemicals from an aircraft, or any other operation of a similar nature; (traitement aérien) aerial inspection means the inspection from an aircraft of crops, forests, livestock or wildlife, the patrolling of pipelines or power lines, a flight inspection or any other operation of a similar nature; (inspection aérienne) AX class [Repealed, SOR/2006-77, s. 4] fly-in means an activity during which aircraft are gathered at an aerodrome before an invited assembly of persons, during which no competitive flights between aircraft or aerial demonstrations take place; (rassemblement d’aéronefs) large aircraft means an aeroplane having a maximum permissible take-off weight in excess of 5 700 kg (12,566 pounds) or a rotorcraft having a maximum permissible take-off weight in excess of 2 730 kg (6,018 pounds); (gros aéronef) police authority means the Royal Canadian Mounted Police, Ontario Provincial Police, Sûreté du Québec or Canadian Coast Guard, or any municipal or regional police force established pursuant to provincial legislation. (corps policier) SOR/2006-77, s. 4; SOR/2020-151, s. 7. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Interpretation Sections 600.01-601.01 Subpart 1 — Airspace Division I — Airspace Structure, Classification and Use Airspace Structure 601.01 (1) Controlled airspace consists of the following types of airspace: (a) the Arctic Control Area, Northern Control Area and Southern Control Area; (b) high level airspace; (c) high level airways; (d) low level airspace; (e) low level airways; (f) fixed RNAV routes; (g) terminal control areas; (h) military terminal control areas; (i) control area extensions; (j) transition areas; (k) control zones; (l) restricted airspace; (m) advisory airspace; (n) military operations areas; and (o) danger areas. (2) Uncontrolled airspace consists of the following types of airspace: (a) high level airspace; (b) low level airspace; (c) high level air routes; (d) low level air routes; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division I — Airspace Structure, Classification and Use Section 601.01 (e) fixed RNAV routes; (f) restricted airspace; (g) advisory airspace; (h) military operations areas; and (i) danger areas. (3) The horizontal and vertical limits of any type of airspace referred to in subsection (1) or (2) are (a) in the case of a high level air route, a low level air route and an uncontrolled fixed RNAV route, those specified on an aeronautical chart; or (b) in any other case, those specified in the Designated Airspace Handbook. (4) The geographical location and the horizontal and vertical limits of the following items are those specified in the Designated Airspace Handbook: (a) Canadian Domestic Airspace; (b) Canadian minimum navigation performance specifications (CMNPS) airspace; (c) the CMNPS transition area; (d) reduced vertical separation minimum (RVSM) airspace; (e) required navigation performance capability (RNPC) airspace; (f) transponder airspace; (g) the air defence identification zone (ADIZ); (h) flight information regions (FIR); (j) standard pressure regions; (i) altimeter setting regions; (k) mountainous regions; and (l) any other areas, zones, regions and points. SOR/2006-77, s. 5; SOR/2015-160, s. 26. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division I — Airspace Structure, Classification and Use Sections 601.02-601.04 Airspace Classification 601.02 (1) The class of any controlled airspace of a type referred to in subsection 601.01(1) is one of the following, as specified in the Designated Airspace Handbook: (a) Class A; (b) Class B; (c) Class C; (d) Class D; (e) Class E; (f) Class F Special Use Restricted; or (g) Class F Special Use Advisory. (2) The class of any uncontrolled airspace of a type referred to in subsection 601.01(2) is one of the following, as specified in the Designated Airspace Handbook: (a) Class G; (b) Class F Special Use Restricted; or (c) Class F Special Use Advisory. Transponder Airspace 601.03 Transponder airspace consists of (a) all Class A, B and C airspace as specified in the Designated Airspace Handbook; and (b) any Class D or E airspace specified as transponder airspace in the Designated Airspace Handbook. SOR/2006-77, s. 6. IFR or VFR Flight in Class F Special Use Restricted Airspace or Class F Special Use Advisory Airspace 601.04 (1) The procedures for the operation of aircraft in Class F Special Use Restricted airspace and Class F Special Use Advisory airspace are those specified in the Designated Airspace Handbook. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division I — Airspace Structure, Classification and Use Sections 601.04-601.07 (2) No person shall operate an aircraft in Class F Special Use Restricted airspace unless authorized to do so by the person specified for that purpose in the Designated Airspace Handbook. (3) For the purposes of subsection (2), a person specified in the Designated Airspace Handbook may authorize the operation of an aircraft where activities on the ground or in the airspace are not hazardous to aircraft operating in that airspace and access by aircraft to that airspace does not jeopardize national security interests. IFR Flight in Class A, B, C, D or E Airspace or Class F Special Use Restricted or Class F Special Use Advisory Controlled Airspace 601.05 (1) No person shall operate an IFR aircraft in Class A, B, C, D or E airspace or in Class F Special Use Restricted or Class F Special Use Advisory controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister. (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety. VFR Flight in Class A Airspace 601.06 (1) No person shall operate a VFR aircraft in Class A airspace unless the aircraft is operated in accordance with an authorization issued by the Minister. (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety. VFR Flight in Class B Airspace 601.07 (1) No person shall operate a VFR aircraft in Class B airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister. (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division I — Airspace Structure, Classification and Use Sections 601.07-601.09 (3) The pilot-in-command of a VFR aircraft operating in Class B airspace in accordance with an air traffic control clearance shall, when it becomes evident that it will not be possible to operate the aircraft in VMC at the altitude or along the route specified in the air traffic control clearance, (a) where the airspace is a control zone, request authorization to operate the aircraft in special VFR flight; and (b) in any other case, (i) request an amended air traffic control clearance that will enable the aircraft to be operated in VMC to the destination specified in the flight plan or to an alternate aerodrome, or (ii) request an air traffic control clearance to operate the aircraft in IFR flight. VFR Flight in Class C Airspace 601.08 (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class C airspace unless the person receives a clearance to enter from the appropriate air traffic control unit before entering the airspace. (2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class C airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace. (3) Class C airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation. VFR Flight in Class D Airspace 601.09 (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class D airspace unless the person establishes two-way radio contact with the appropriate air traffic control unit before entering the airspace. (2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division I — Airspace Structure, Classification and Use Sections 601.09-601.15 D airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace. (3) Class D airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation. [601.10 to 601.13 reserved] Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety Interpretation 601.14 In this Division, directed bright light source means any directed light source (coherent or non-coherent), including lasers, that may create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft; (source lumineuse dirigée de forte intensité) fire control authority means an official of a government forestry service or other fire control agency that is responsible for the protection of persons and property against fire; (responsable de la lutte contre l’incendie) forest fire area means an area on the surface of the earth on which standing timber, grass or any other vegetation or buildings are burning. (zone d’incendie de forêt) SOR/2002-182, s. 1; SOR/2020-151, s. 8(F). Forest Fire Aircraft Operating Restrictions 601.15 No person shall operate an aircraft (a) over a forest fire area, or over any area that is located within five nautical miles of a forest fire area, at an altitude of less than 3,000 feet AGL; or (b) in any airspace that is described in a NOTAM issued pursuant to section 601.16. SOR/2020-151, s. 9(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety Sections 601.16-601.19 Issuance of NOTAM for Forest Fire Aircraft Operating Restrictions 601.16 The Minister may issue a NOTAM that relates to restrictions on the operation of aircraft in the case of a forest fire and that describes (a) the location and dimensions of the forest fire area; and (b) the airspace in which forest fire control operations are being conducted. SOR/2020-151, s. 10(F). Exceptions 601.17 Section 601.15 does not apply to (a) persons who are operating an aircraft at the request of an appropriate fire control authority; and (b) Department of Transport personnel who are operating an aircraft in the performance of duties related to surveillance and the enforcement of aviation legislation. Orders Prohibiting or Restricting Aircraft Operation 601.18 The Minister may make orders prohibiting or restricting the operation of aircraft over such areas as are specified by the Minister, either absolutely or subject to such exceptions or conditions as may be specified by the Minister. Hand-held Lasers 601.19 (1) No person shall have in their possession a hand-held laser with a power output rating greater than 1 milliwatt (mW) (a) in the municipalities of the Montréal, Toronto and Vancouver regions listed in the table to this subsection; or (b) within a 10-km radius of the geometric centre of an airport or heliport. TABLE Montréal region Toronto region Vancouver region Boucherville Brampton Burnaby Côte-Saint-Luc Halton Hills Coquitlam Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety Sections 601.19-601.20 Montréal region Toronto region Vancouver region Dollard-des-Ormeaux Markham Delta Dorval Mississauga New Westminster Hampstead Toronto North Vancouver (City) Laval Vaughan Port Coquitlam Longueuil Richmond Montréal Vancouver Montréal-Est Montréal-Ouest Pointe-Claire Rosemère Saint-Lambert Westmount (2) Subsection (1) does not apply if (a) the laser is being transported between the place where it was purchased and a dwelling-house or between dwelling-houses; (b) the laser is in a dwelling-house; or (c) the person is in possession of the laser for a legitimate reason, including that they (i) use the laser for occupational or business purposes, (ii) use the laser for educational purposes, (iii) transport the laser in the course of their employment, and (iv) are a member of an astronomical society. SOR/2020-124, s. 2. Projection of Directed Bright Light Source at an Aircraft 601.20 Subject to section 601.21, no person shall project or cause to be projected a directed bright light source into navigable airspace in such a manner as to create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft. SOR/2002-182, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety Sections 601.21-601.23 Requirement for Notification 601.21 (1) Any person planning to project or cause to be projected a directed bright light source into navigable airspace shall, before the projection, (a) submit a written request to the Minister for an authorization to project the directed bright light source into navigable airspace; and (b) obtain a written authorization from the Minister to do so. (2) On receipt of the request for authorization, the Minister shall issue a written authorization if the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft. (3) The Minister may specify in the authorization any conditions necessary to ensure that the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft. SOR/2002-182, s. 2; SOR/2014-286, s. 3. Requirement for Pilot-in-command 601.22 (1) No pilot-in-command shall intentionally operate an aircraft into a beam from a directed bright light source or into an area where a directed bright light source is projected, unless the aircraft is operated in accordance with an authorization issued by the Minister. (2) The Minister may issue the authorization if the operation of the aircraft is not likely to create a hazard to aviation safety. SOR/2002-182, s. 2. Division III — Marking and Lighting of Obstacles to Air Navigation Obstacles to Air Navigation 601.23 (1) For the purposes of this Division, any building, structure or object, including any addition to it, constitutes an obstacle to air navigation if (a) it penetrates an airport obstacle limitation surface as calculated in accordance with Chapter 4 of the document entitled Aerodrome Standards and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division III — Marking and Lighting of Obstacles to Air Navigation Sections 601.23-601.25 Recommended Practices, TP 312E, published by the Department of Transport; (b) it is higher than 90 m AGL and is located within 6 km of the geographical centre of an aerodrome; (c) it is higher than 90 m AGL and is located within 3.7 km of the centreline of a recognized VFR route, including, but not limited to, a valley, a railway track, a transmission line, a pipeline, a river and a highway; (d) it is higher than 150 m AGL; or (e) in the case of any catenary wires crossing over a river, any portion of the wires or supporting structures is higher than 90 m AGL. (2) For the purposes of subsection (1), an addition to a building, structure or object includes any vertical mast, pole, tower or other object erected on top of the building, structure or object and adding to its height. SOR/2011-285, s. 6; SOR/2021-269, s. 7. Marking and Lighting of Obstacles to Air Navigation 601.24 (1) Any person who plans to construct or modify a building, structure or object, or launch a tethered object shall notify the Minister of the proposed construction, modification or launch in accordance with the requirements of Standard 621 if the building, structure or object, or tethered object, will constitute an obstacle to air navigation. (2) A person who has responsibility for or control over a building, structure or object that constitutes an obstacle to air navigation shall (a) mark and light the building, structure or object in accordance with the requirements of Standard 621; or (b) use the equivalent marking and lighting approved by the Minister under subsection 601.27(2). SOR/2011-285, s. 6. Other Obstacles to Air Navigation 601.25 (1) If the Minister determines that a building, structure or object, other than a building, structure or object described in section 601.23, is hazardous to air navigation because of its height or location, the Minister shall require the person who has responsibility for or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division III — Marking and Lighting of Obstacles to Air Navigation Sections 601.25-601.27 control over the building, structure or object to mark and light it in accordance with the requirements of Standard 621. (2) A person who is required by the Minister to mark and light a building, structure or object under subsection (1) shall (a) do so within six months; and (b) cause to be received at the appropriate air traffic control unit or flight service station a notice identifying the nature, location and height of the building, structure or object. SOR/2011-285, s. 6. Upgrading of Marking and Lighting 601.26 A person who has responsibility for or control over an obstacle to air navigation shall upgrade the markings and lights of the whole obstacle to the most recent requirements set out in Standard 621 if any change occurs in (a) the location of the obstacle with respect to any other marked or lighted obstacle; or (b) the surrounding conditions of the obstacle that can affect aviation safety. SOR/2011-285, s. 6. Equivalent Marking and Lighting 601.27 (1) A person who proposes to use equivalent marking and lighting on an obstacle to air navigation for which the person has responsibility or over which the person has control shall apply to the Minister for approval. (2) The Minister shall approve the equivalent marking and lighting if the applicant (a) submits a risk assessment that identifies the risks to air navigation associated with the obstacle and the methods for eliminating or reducing those risks; and (b) demonstrates that the equivalent marking and lighting provides a level of safety at least equivalent to the level provided by the requirements of Standard 621. (3) In determining whether the equivalent marking and lighting provides the level of safety required by paragraph (2)(b), the Minister shall consider the following factors: (a) the location of the obstacle; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 1 — Airspace Division III — Marking and Lighting of Obstacles to Air Navigation Sections 601.27-602.02 (b) the surrounding terrain, buildings, structures and objects; (c) the VFR air traffic volume; and (d) the proximity of the obstacle to an aerodrome. SOR/2011-285, s. 6. Notification of Deterioration, Failure or Malfunction 601.28 A person who has responsibility for or control over an obstacle to air navigation shall report immediately any deterioration of a marking or any failure or malfunction of a light required under this Division to the nearest flight service station. SOR/2011-285, s. 6. Prohibition 601.29 No person shall deface, alter or otherwise damage a marking or a light required, under this Division, to be displayed on an obstacle to air navigation. SOR/2011-285, s. 6. Subpart 2 — Operating and Flight Rules Division I — General Application — Remotely Piloted Aircraft 602.01 This Subpart does not apply in respect of remotely piloted aircraft. SOR/2019-11, s. 15. Reckless or Negligent Operation of Aircraft 602.01.1 No person shall operate an aircraft in such a reckless or negligent manner as to endanger or be likely to endanger the life or property of any person. SOR/2019-11, s. 15. Fitness of Flight Crew Members 602.02 An operator of an aircraft shall not require any person to act as a flight crew member or to carry out a preflight duty, and a person shall not act as a flight crew Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.02-602.04 member or carry out that duty, if the operator or the person has reason to believe that the person is not, or is not likely to be, fit for duty. SOR/2018-269, s. 4. Alcohol or Drugs — Crew Members 602.03 No person shall act as a crew member of an aircraft (a) within 12 hours after consuming an alcoholic beverage; (b) while under the influence of alcohol; or (c) while using any drug that impairs the person’s faculties to the extent that the safety of the aircraft or of persons on board the aircraft is endangered in any way. SOR/2018-269, s. 5. Alcohol or Drugs — Passengers 602.04 (1) In this section, intoxicating liquor means a beverage that contains more than 2.5 per cent proof spirits. (2) No person shall consume on board an aircraft an intoxicating liquor unless the intoxicating liquor (a) has been served to that person by the operator of the aircraft; or (b) where no flight attendant is on board, has been provided by the operator of the aircraft. (3) No operator of an aircraft shall provide or serve any intoxicating liquor to a person on board the aircraft, where there are reasonable grounds to believe that the person’s faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft. (4) Subject to subsection (5), no operator of an aircraft shall allow a person to board the aircraft, where there are reasonable grounds to believe that the person’s faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft. (5) The operator of an aircraft may allow a person whose faculties are impaired by a drug to board an aircraft, where the drug was administered in accordance with a Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.04-602.08 medical authorization and the person is under the supervision of an attendant. Compliance with Instructions 602.05 (1) Every passenger on board an aircraft shall comply with instructions given by any crew member respecting the safety of the aircraft or of persons on board the aircraft. (2) Every crew member on board an aircraft shall, during flight time, comply with the instructions of the pilot-incommand or of any person whom the pilot-in-command has authorized to act on behalf of the pilot-in-command. Smoking 602.06 (1) No person shall smoke on board an aircraft during take-off or landing or when directed not to smoke by the pilot-in-command. (2) No person shall smoke in an aircraft lavatory. (3) No person shall tamper with or disable a smoke detector installed in an aircraft lavatory without permission from a crew member or the operator of the aircraft. Aircraft Operating Limitations 602.07 No person shall operate an aircraft unless it is operated in accordance with the operating limitations (a) set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness; (b) set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII; (c) indicated by markings or placards required pursuant to section 605.05; or (d) prescribed by the competent authority of the state of registry of the aircraft. Portable Electronic Devices 602.08 (1) No operator of an aircraft shall permit the use of a PED on board an aircraft if the use of the PED could adversely affect the operation of the aircraft or the functioning of the aircraft’s systems or equipment. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.08-602.11 (2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft. SOR/2019-296, s. 6. Fuelling with Engines Running 602.09 No person operating an aircraft shall permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board the aircraft or are embarking or disembarking, unless subsection 604.84(1), 704.33(4) or 705.40(3), as applicable, is complied with. SOR/2005-341, s. 4; SOR/2014-131, s. 12. Starting and Ground Running of Aircraft Engines 602.10 (1) No person shall start an engine of an aircraft unless (a) a pilot’s seat is occupied by a person who is competent to control the aircraft; (b) precautions have been taken to prevent the aircraft from moving; or (c) in the case of a seaplane, the aircraft is in a location from which any movement of the aircraft will not endanger persons or property. (2) No person shall leave an engine of an aircraft running unless (a) a pilot’s seat is occupied by a person who is competent to control the aircraft; or (b) where no persons are on board the aircraft, (i) precautions have been taken to prevent the aircraft from moving, and (ii) the aircraft is not left unattended. Aircraft Icing 602.11 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.11 (2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces. (3) Despite subsection (2), a person may conduct a takeoff in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions. (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, no person shall conduct or attempt to conduct a take-off in an aircraft unless (a) for aircraft that are not operated under Subpart 5 of Part VII, (i) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces, or (ii) the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and takeoff of the aircraft are in accordance with that program; and (b) for aircraft that are operated under Subpart 5 of Part VII, the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program. (5) The inspection referred to in subparagraph (4)(a)(i) shall be performed by (a) the pilot-in-command; (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or (c) a person, other than a person referred to in paragraph (a) or (b), who (i) is designated by the operator of the aircraft, and (ii) has successfully completed training relating to ground and airborne icing operations under Subpart 4 or relating to aircraft surface contamination under Part VII. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.11-602.13 (6) Where, before commencing take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off. (7) Before an aircraft is de-iced or anti-iced, the pilot-incommand of the aircraft shall ensure that the crew members and passengers are informed of the decision to do so. SOR/2014-131, s. 13; SOR/2020-253, s. 3. Overflight of Built-up Areas or Open-air Assemblies of Persons during Take-offs, Approaches and Landings 602.12 (1) For the purposes of this section and sections 602.14 and 602.15, an aircraft shall be deemed to be operated over a built-up area or over an open-air assembly of persons if the built-up area or open-air assembly of persons is within a horizontal distance of (a) 500 feet from a helicopter or balloon; or (b) 2,000 feet from an aircraft other than a helicopter or balloon. (2) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons, in a manner that is likely to create a hazard to persons or property. (3) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons unless that aircraft will be operated at an altitude from which, in the event of an engine failure or any other emergency necessitating an immediate landing, the aircraft can land without creating a hazard to persons or property. SOR/2002-447, s. 1; SOR/2007-87, s. 9. Take-offs, Approaches and Landings within Built-up Areas of Cities and Towns 602.13 (1) Except if otherwise permitted under this section, section 603.66 or Part VII, no person shall conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town, unless that take-off, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.13 approach or landing is conducted at an airport, heliport or a military aerodrome. (2) A person may conduct a take-off or landing in an aircraft within a built-up area of a city or town at a place that is not located at an airport, heliport or a military aerodrome where (a) the place is not set apart for the operation of aircraft; (b) the flight is conducted without creating a hazard to persons or property on the surface; and (c) the aircraft is operated (i) for the purpose of a police operation that is conducted in the service of a police authority, or (ii) for the purpose of saving human life. (3) A person may conduct a take-off in a balloon within a built-up area of a city or town from a place that is not located at an airport, heliport or a military aerodrome, where (a) permission to use the place as a launch site has been obtained from the land owner; (b) a special aviation event is not being held at that place at the time of take-off; (c) no written objection in respect of the use of the place as a launch site has been received by the Minister from a competent land use authority; (d) the diameter of the launch site is no less than the greater of (i) 100 feet, and (ii) the greatest dimension of the balloon, be it the length, width or height, plus 25 per cent; and (e) the take-off point within the launch site is upwind of the highest obstacle in the take-off path by a horizontal distance equal to the height of that obstacle, and the take-off is conducted (i) using a positive rate of climb to a minimum altitude of 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or (ii) where the flight path of the balloon is directly over residential or commercial buildings or over an Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.13-602.14 open-air assembly of persons, using the maximum rate of climb possible, considering operational and passenger safety. (4) A person may conduct a landing in a balloon within a built-up area of a city or town at a place that is not located at an airport, heliport or military aerodrome, where (a) the landing is necessary to avoid endangering the safety of the persons on board; and (b) the pilot-in-command contacts the appropriate air traffic control unit or flight service station, either prior to landing or as soon as possible after landing, and provides (i) the balloon’s nationality mark and registration mark, (ii) the estimated or actual, as applicable, time and location of the landing, and (iii) the reasons why it is believed that the safety of the persons on board is or was endangered. SOR/2007-87, s. 10; SOR/2007-280, s. 1(F); SOR/2010-304, s. 2. Minimum Altitudes and Distances 602.14 (1) [Repealed, SOR/2002-447, s. 2] (2) Except where conducting a take-off, approach or landing or where permitted under section 602.15, no person shall operate an aircraft (a) over a built-up area or over an open-air assembly of persons unless the aircraft is operated at an altitude from which, in the event of an emergency necessitating an immediate landing, it would be possible to land the aircraft without creating a hazard to persons or property on the surface, and, in any case, at an altitude that is not lower than (i) for aeroplanes, 1,000 feet above the highest obstacle located within a horizontal distance of 2,000 feet from the aeroplane, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.14-602.15 (ii) for balloons, 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or (iii) for an aircraft other than an aeroplane or a balloon, 1,000 feet above the highest obstacle located within a horizontal distance of 500 feet from the aircraft; and (b) in circumstances other than those referred to in paragraph (a), at a distance less than 500 feet from any person, vessel, vehicle or structure. SOR/2002-447, s. 2. Permissible Low Altitude Flight 602.15 (1) A person may operate an aircraft at altitudes and distances less than those specified in subsection 602.14(2) where the aircraft is operated at altitudes and distances that are no less than necessary for the purposes of the operation in which the aircraft is engaged, the aircraft is operated without creating a hazard to persons or property on the surface and the aircraft is operated (a) for the purpose of a police operation that is conducted in the service of a police authority; (b) for the purpose of saving human life; (c) for fire-fighting or air ambulance operations; (d) for the purpose of the administration of the Fisheries Act or the Coastal Fisheries Protection Act; (e) for the purpose of the administration of the national or provincial parks; or (f) for the purpose of flight inspection. (2) A person may operate an aircraft, to the extent necessary for the purpose of the operation in which the aircraft is engaged, at altitudes and distances less than those set out in (a) paragraph 602.14(2)(a), where operation of the aircraft is authorized under Subpart 3 or section 702.22; or (b) paragraph 602.14(2)(b), where the aircraft is operated without creating a hazard to persons or property on the surface and the aircraft is operated for the purpose of (i) aerial application or aerial inspection, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.15-602.19 (ii) aerial photography conducted by the holder of an air operator certificate, (iii) helicopter external load operations, or (iv) flight training conducted by or under the supervision of a qualified flight instructor. Flights over Open-Air Assemblies of Persons or Built-up Areas — Helicopters with External Loads 602.16 (1) No person shall operate a helicopter that is carrying a Class B, C or D external load over an open-air assembly of persons. (2) Except where authorized under section 603.66 or 702.22, no person shall operate a helicopter that is carrying a Class B, C or D external load over a built-up area. Carriage of Persons during Low Altitude Flight 602.17 No person operating an aircraft shall conduct helicopter Class B, C or D external load operations or engage in aerial application or aerial inspection at altitudes less than 500 feet AGL while carrying on board any person other than a flight crew member, unless that person’s presence on board is essential to the purposes of the flight. Flights over Built-up Areas — Balloons 602.18 (1) No person shall operate a balloon over a built-up area without carrying on board sufficient fuel to permit the balloon to fly clear of the built-up area, taking into consideration the take-off weight of the balloon, the ambient temperature and actual and forecast winds, and possible variations of those factors. (2) No person shall operate a balloon on a flight that is planned to enter Class C airspace while over a built-up area unless the clearance to enter that airspace that is required pursuant to section 601.08 has been obtained from the appropriate air traffic control unit prior to take-off. Right of Way — General 602.19 (1) Despite any other provision of this section, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.19 (a) the pilot-in-command of an aircraft that has the right of way shall, if there is any risk of collision, take such action as is necessary to avoid collision; and (b) where the pilot-in-command of an aircraft is aware that another aircraft is in an emergency situation, the pilot-in-command shall give way to that other aircraft. (2) When two aircraft are converging at approximately the same altitude, the pilot-in-command of the aircraft that has the other on its right shall give way, except as follows: (a) a power-driven, heavier-than-air aircraft shall give way to airships, gliders and balloons; (b) an airship shall give way to gliders and balloons; (c) a glider shall give way to balloons; and (d) a power-driven aircraft shall give way to aircraft that are seen to be towing gliders or other objects or carrying a slung load. (3) When two balloons operating at different altitudes are converging, the pilot-in-command of the balloon at the higher altitude shall give way to the balloon at the lower altitude. (4) Where an aircraft is required to give way to another aircraft, the pilot-in-command of the first-mentioned aircraft shall not pass over or under, or cross ahead of, the other aircraft unless passing or crossing at such a distance as will not create a risk of collision. (5) Where two aircraft are approaching head-on or approximately so and there is a risk of collision, the pilotin-command of each aircraft shall alter its heading to the right. (6) An aircraft that is being overtaken has the right of way and the pilot-in-command of the overtaking aircraft, whether climbing, descending or in level flight, shall give way to the other aircraft by altering the heading of the overtaking aircraft to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the pilot-in-command of the overtaking aircraft from this obligation until that aircraft has entirely passed and is clear of the other aircraft. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.19-602.22 (7) Where an aircraft is in flight or manoeuvring on the surface, the pilot-in-command of the aircraft shall give way to an aircraft that is landing or about to land. (8) The pilot-in-command of an aircraft that is approaching an aerodrome for the purpose of landing shall give way to any aircraft at a lower altitude that is also approaching the aerodrome for the purpose of landing. (9) The pilot-in-command of an aircraft at a lower altitude, as described in subsection (8), shall not overtake or cut in front of an aircraft at a higher altitude that is in the final stages of an approach to land. (10) No person shall conduct or attempt to conduct a take-off or landing in an aircraft until there is no apparent risk of collision with any aircraft, person, vessel, vehicle or structure in the take-off or landing path. SOR/2021-152, s. 19(E). Right of Way — Aircraft Manoeuvring on Water 602.20 (1) Where an aircraft on the water has another aircraft or a vessel on its right, the pilot-in-command of the first-mentioned aircraft shall give way. (2) Where an aircraft on the water is approaching another aircraft or a vessel head-on, or approximately so, the pilot-in-command of the first-mentioned aircraft shall alter its heading to the right. (3) The pilot-in-command of an aircraft that is overtaking another aircraft or a vessel on the water shall alter its heading to keep well clear of the other aircraft or the vessel. Avoidance of Collision 602.21 No person shall operate an aircraft in such proximity to another aircraft as to create a risk of collision. Towing 602.22 No person shall operate an aeroplane that is towing an object unless the aeroplane is equipped with a tow hook and release control mechanism. SOR/2006-77, s. 7. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.23-602.26 Dropping of Objects 602.23 No person shall create a hazard to persons or property on the surface by dropping an object from an aircraft in flight. Formation Flight 602.24 No person shall operate an aircraft in formation with other aircraft except by pre-arrangement between (a) the pilots-in-command of the aircraft; or (b) where the flight is conducted within a control zone, the pilots-in-command and the appropriate air traffic control unit. Entering or Leaving an Aircraft in Flight 602.25 (1) No person shall enter or leave an aircraft in flight except with the permission of the pilot-in-command of the aircraft. (2) No pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless (a) the person leaves for the purpose of making a parachute descent; (b) the entering or leaving is permitted under section 702.19; or (c) the flight is conducted in accordance with (i) a special flight operations certificate-special aviation event issued under section 603.02, or (ii) a special flight operations certificate issued under section 603.67. SOR/2006-77, s. 8. Parachute Descents 602.26 Except where permitted in accordance with section 603.37, no pilot-in-command of an aircraft shall permit, and no person shall conduct, a parachute descent from the aircraft (a) in or into controlled airspace or an air route; or (b) over or into a built-up area or an open-air assembly of persons. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.26-602.29 Aerobatic Manoeuvres — Prohibited Areas and Flight Conditions 602.27 No person operating an aircraft shall conduct aerobatic manoeuvres (a) over a built-up area or an open-air assembly of persons; (b) [Repealed, SOR/2019-119, s. 28] (c) when flight visibility is less than three miles; (d) below 2,000 feet AGL, except in accordance with a special flight operations certificate issued pursuant to section 603.02 or 603.67; (e) in any class of airspace that requires radio contact with air traffic services unless the appropriate unit that provides air traffic services is advised that aerobatic manoeuvres will be conducted; or (f) in Class A, B or C airspace or Class D Control Zones without prior co-ordination between the pilotin-command and the air traffic control unit that provides air traffic control service in that airspace. SOR/2019-119, s. 28. Aerobatic Manoeuvres with Passengers 602.28 No person operating an aircraft with a passenger on board shall conduct an aerobatic manoeuvre unless the pilot-in-command of the aircraft has engaged in (a) at least 10 hours dual flight instruction in the conducting of aerobatic manoeuvres or 20 hours conducting aerobatic manoeuvres; and (b) at least one hour of conducting aerobatic manoeuvres in the preceding six months. Hang Glider and Ultra-light Aeroplane Operation 602.29 (1) No person shall operate a hang glider or an ultra-light aeroplane (a) at night; (b) in IFR flight; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.29 (c) subject to subsections (2) and (3), in controlled airspace; (d) unless the aircraft is equipped with (i) a suitable means of restraint that is attached to the primary structure of the aircraft, (ii) a radiocommunication system adequate to permit two-way communication on the appropriate frequency when the aircraft is operated within (A) Class D airspace, (B) the ADIZ, or (C) an MF area, and (iii) where the aircraft is an ultra-light aeroplane, a placard that is affixed to a surface in plain view of any occupant seated at the flight controls and that states, “THIS AEROPLANE IS OPERATING WITHOUT A CERTIFICATE OF AIRWORTHINESS/CET AVION EST UTILISÉ SANS CERTIFICAT DE NAVIGABILITÉ”; (e) subject to subsections (4) and (5), while carrying another person on board; or (f) unless each person on board (i) is secured by a means of restraint referred to in subparagraph (d)(i), and (ii) where the aircraft is not an advanced ultra-light aeroplane, is wearing a protective helmet. (2) A person may operate a hang glider or an ultra-light aeroplane in controlled airspace (a) within five nautical miles from the centre of an airport or heliport or within a control zone of an uncontrolled airport where the person has obtained permission from the airport or heliport operator; (b) within a control zone of a controlled airport where the person has obtained an air traffic control clearance by two-way radio voice communication from the air traffic control unit of the airport; or (c) where the aircraft is a basic ultra-light aeroplane, in Class E airspace other than the airspace that is described in paragraph (a) or (b), if (i) the aeroplane is equipped with a portable or fixed altimeter, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.29 (ii) in the case of a cross-country flight, the aeroplane is equipped with a portable or fixed magnetic compass or global navigation satellite system (GNSS) receiver; or (d) where the aircraft is an advanced ultra-light aeroplane, if the aeroplane is equipped in accordance with section 605.14. (3) A person may operate a hang glider in Class E airspace where (a) the pilot (i) is at least 16 years of age, (ii) is in possession of a Category 1, 3 or 4 medical certificate, and (iii) has obtained a grade of not less than 60 per cent on a Department of Transport written examination pertaining to the Canadian Aviation Regulations, air traffic procedures, flight instruments, navigation, flight operations and human factors respecting hang glider operations in Class E airspace; (b) the hang glider is equipped with a magnetic compass and altimeter; (c) the flight is a cross-country flight; and (d) the pilot informs the nearest flight service station of the time of departure and estimated duration of the flight in Class E airspace. (4) A person may operate (a) a hang glider with one other person on board if the flight is conducted for the purpose of providing dual flight instruction; or (b) an ultra-light aeroplane with one other person on board if (i) the flight is conducted for the purpose of providing dual flight instruction, (ii) the pilot is a holder of a pilot permit — ultralight aeroplane endorsed with a passenger-carrying rating and the aeroplane has no restrictions against carrying another person, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.29-602.31 (iii) the other person is a holder of a pilot licence or permit, other than a student pilot permit, that allows them to act as pilot-in-command of an ultralight aeroplane. (5) A person may operate an advanced ultra-light aeroplane with another person on board where the pilot holds a permit or licence issued pursuant to Subpart 1 of Part IV that is appropriate to the functions or privileges being exercised. SOR/2005-319, s. 7; SOR/2007-87, s. 11; SOR/2020-151, s. 11. Fuel Dumping 602.30 No person shall jettison fuel from an aircraft in flight unless (a) it is necessary to do so in order to ensure aviation safety; and (b) all appropriate measures are taken to minimize danger to human life and damage to the environment, insofar as the circumstances permit. Compliance with Air Traffic Control Instructions and Clearances 602.31 (1) Subject to subsection (3), the pilot-in command of an aircraft shall (a) comply with and acknowledge, to the appropriate air traffic control unit, all of the air traffic control instructions directed to and received by the pilot-incommand; and (b) comply with all of the air traffic control clearances received and accepted by the pilot-in-command and (i) subject to subsection (2), in the case of an IFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, and (ii) in the case of a VFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, when so requested by the air traffic control unit. (2) Except if requested to do so by an air traffic control unit, the pilot-in-command of an IFR aircraft is not required to read back the text of an air traffic control clearance pursuant to paragraph (1)(b)(i) where Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.31-602.32 (a) the air traffic control clearance is received on the ground by the pilot-in-command before departing from a controlled aerodrome in respect of which a standard instrument departure procedure is specified in the Canada Air Pilot; or (b) the receipt of the air traffic control clearance is acknowledged by the pilot-in-command by electronic means. (3) The pilot-in-command of an aircraft may deviate from an air traffic control clearance or an air traffic control instruction to the extent necessary to carry out a collision avoidance manoeuvre, if the manoeuvre is carried out (a) in accordance with a resolution advisory generated by an ACAS; or (b) in response to an alert from a TAWS or a Ground Proximity Warning System (GPWS). (4) The pilot-in-command of an aircraft shall (a) as soon as possible after initiating the collision avoidance manoeuvre referred to in subsection (3), inform the appropriate air traffic control unit of the deviation; and (b) immediately after completing the collision avoidance manoeuvre referred to in subsection (3), comply with the last air traffic control clearance received and accepted by, or the last air traffic control instruction received and acknowledged by, the pilot-in-command. SOR/2012-136, s. 7. Airspeed Limitations 602.32 (1) Subject to subsection (2), no person shall (a) operate an aircraft at an indicated airspeed of more than 250 knots if the aircraft is below 10,000 feet ASL; or (b) operate an aircraft at an indicated airspeed of more than 200 knots if the aircraft is below 3,000 feet AGL within 10 nautical miles of a controlled aerodrome unless authorized to do so in an air traffic control clearance. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.32-602.34 (2) A person may operate an aircraft at an indicated airspeed greater than the airspeeds referred to in subsection (1) if the aircraft is being operated in accordance with a special flight operations certificate – special aviation event issued pursuant to section 603.02. (3) If the minimum safe airspeed for the flight configuration of an aircraft is greater than the airspeed referred to in subsection (1), the aircraft shall be operated at the minimum safe airspeed. SOR/2010-219, s. 2. Supersonic Flight 602.33 No person shall operate an aircraft at a true Mach number of 1 or greater. Cruising Altitudes and Cruising Flight Levels 602.34 (1) The appropriate cruising altitude or cruising flight level for an aircraft in level cruising flight is determined in accordance with (a) the magnetic track, in the Southern Domestic Airspace; and (b) the true track, in the Northern Domestic Airspace. (2) Subject to subsection (3), the pilot-in-command of an aircraft shall ensure that the aircraft is operated at a cruising altitude or cruising flight level appropriate to the track, as set out in the table to this section, unless the pilot-in-command is assigned another altitude or flight level by an air traffic control unit and the aircraft is operated in level cruising flight (a) at more than 3,000 feet AGL, in VFR flight; or (b) in IFR flight. (3) Subsection (2) does not apply where an aircraft is operated for the purpose of aerial survey or mapping and the following conditions are met: (a) the pilot-in-command of the aircraft contacts the appropriate air traffic control unit as far in advance as possible of the proposed flight; (b) the pilot-in-command of the aircraft provides, as far in advance as possible of the proposed take-off time of the aircraft, to any air traffic control unit that so requests, a topographical map at either a 1:500 000 or a 1:1 000 000 scale of the area to be surveyed or mapped, with proposed tracks and planned entry and exit points clearly delineated on the map; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.34 (c) the pilot-in-command of the aircraft files a flight plan or flight itinerary with an air traffic control unit as far in advance as possible of the proposed take-off time of the aircraft; (d) the flight plan or flight itinerary referred to in paragraph (c) specifies the area to be surveyed or mapped (i) by reference to the relevant maps of the National Topographic System, (ii) by reference to the geographic co-ordinates of the area, or (iii) where required by an air traffic control unit, by reference to the air photograph block reference grid map provided by the air traffic control unit; and (e) where the aircraft is operated in controlled airspace, it is operated in accordance with an air traffic control clearance. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.34 TABLE Cruising Altitudes and Cruising Flight Levels Appropriate TRACK 000° — 179° Column I Column II IFR VFR 1,000 3,000 3,500 5,000 5,500 7,000 7,500 9,000 9,500 11,000 11,500 13,000 13,500 15,000 15,500 17,000 17,500 Cruising Altitudes or Cruisi feet and IFR & CVFR NON-RVSM RVSM RVS 1,000 feet s between FL Cruising Flight Lev 490 530 570 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.34 TRACK 000° — 179° Column I Column II IFR VFR Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Section 602.34 TABLEAU Altitudes de croisière et niveaux de vol de croisière appro ROUTE 000° — 179° Colonne I Colonne II IFR VFR 1 000 3 000 3 500 5 000 5 500 7 000 7 500 9 000 9 500 11 000 11 500 13 000 13 500 15 000 15 500 17 000 17 500 Altitudes de croisière ou niv 18 000 pieds IFR et CVFR NON-RVSM RVSM RVS Espacement d Niveaux de vol de cro entre le FL290 490 530 570 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.34-602.36 ROUTE 000° — 179° Colonne I Colonne II IFR VFR SOR/2019-119, s. 29. Altimeter-setting and Operating Procedures in the Altimeter-setting Region 602.35 When an aircraft is operated in the altimetersetting region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall (a) immediately before conducting a take-off from an aerodrome, set the altimeter to the altimeter setting of the aerodrome or, if that altimeter setting is not obtainable, to the elevation of the aerodrome; (b) while in flight, set the altimeter to the altimeter setting of the nearest station along the route of flight or, where the nearest stations along the route of flight are separated by more than 150 nautical miles, to the altimeter setting of a station near the route of flight; and (c) immediately before commencing a descent for the purpose of landing at an aerodrome, set the altimeter to the altimeter setting of the aerodrome, if that altimeter setting is obtainable. Altimeter-setting and Operating Procedures in the Standard Pressure Region 602.36 (1) When an aircraft is operated in the standard pressure region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall (a) immediately before conducting a take-off from an aerodrome, set the altimeter to the altimeter setting of the aerodrome or, if that altimeter setting is not obtainable, to the elevation of the aerodrome; (b) before reaching the flight level at which the flight is to be conducted, set the altimeter to 29.92 inches of mercury or 1,013.2 millibars; and (c) immediately before commencing a descent for the purpose of landing at an aerodrome, set the altimeter to the altimeter setting of the aerodrome, if that altimeter setting is obtainable. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.36-602.39 (2) Despite paragraph (1)(c), when a holding procedure is being conducted before landing at an aerodrome located in the standard pressure region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall set the altimeter to the altimeter setting of the aerodrome immediately before descending below the lowest flight level at which the holding procedure is conducted. SOR/2021-152, s. 19(E). Altimeter-setting and Operating Procedures in Transition between Regions 602.37 Except where otherwise authorized by an air traffic control unit, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall (a) when flying from the altimeter-setting region into the standard pressure region, set the altimeter to 29.92 inches of mercury or 1,013.2 millibars immediately after the aircraft’s entry into the standard pressure region; and (b) when flying from the standard pressure region into the altimeter-setting region, set the altimeter to the altimeter setting of the nearest station along the route of flight or, where the nearest stations along the route of flight are separated by more than 150 nautical miles, the altimeter setting of a station near the route of flight immediately before the aircraft’s entry into the altimeter-setting region. Flight over the High Seas 602.38 The pilot-in-command of a Canadian aircraft that is in flight over the high seas shall comply with the applicable Rules of the Air set out in Annex 2 to the Convention and the applicable Regional Supplementary Procedures set out in Document 7030/4 of the International Civil Aviation Organization (ICAO). Transoceanic Flight 602.39 No pilot-in-command of a single-engined aircraft, or of a multi-engined aircraft that would be unable to maintain flight in the event of the failure of any engine, shall commence a flight that will leave Canadian Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.39-602.42 Domestic Airspace and enter airspace over the high seas unless (a) the pilot-in-command holds a pilot licence endorsed with an instrument rating; (b) the aircraft is equipped with (i) the equipment referred to in section 605.18, (ii) a high frequency radio capable of transmitting and receiving on a minimum of two appropriate international air-ground general purpose frequencies, and (iii) hypothermia protection for each person on board; and (c) the aircraft carries sufficient fuel to meet the requirements of section 602.88 and, in addition, carries contingency fuel equal to at least 10 per cent of the fuel required pursuant to section 602.88 to complete the flight to the aerodrome of destination. Landing at or Take-off from an Aerodrome at Night 602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III. (2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where (a) the flight is conducted without creating a hazard to persons or property on the surface; and (b) the aircraft is operated (i) for the purpose of a police operation that is conducted in the service of a police authority, or (ii) for the purpose of saving human life. 602.41 [Repealed, SOR/2019-11, s. 16] Large Unoccupied Free Balloons 602.42 No person shall release an unoccupied free balloon having a gas-carrying capacity of more than 115 cubic feet (3.256 m3) except in accordance with an Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division I — General Sections 602.42-602.57 authorization issued by the Minister pursuant to section 602.44. Rockets 602.43 No person shall launch a rocket, other than a model rocket or a rocket of a type used in a fireworks display, except in accordance with an authorization issued by the Minister pursuant to section 602.44. Authorization by the Minister 602.44 The Minister may issue an authorization referred to in section 602.42 or 602.43 where the release of the balloon or the launch of the rocket is in the public interest and is not likely to affect aviation safety. Kites and Model Rockets 602.45 No person shall fly a kite or launch a model rocket or a rocket of a type used in a fireworks display into cloud or in a manner that is or is likely to be hazardous to aviation safety. SOR/2019-11, s. 17. Refusal to Transport 602.46 No air operator or private operator shall transport a person if at the time of check-in or at boarding the actions or statements of the person indicate that the person may present a risk to the safety of the aircraft, persons or property. SOR/2009-90, s. 3. Suitable Accommodation 602.47 A private operator or an air operator, as the case may be, shall provide a flight crew member with suitable accommodation for rest periods away from home base. SOR/2018-269, s. 6. [602.48 to 602.56 reserved] Division II — Operational and Emergency Equipment Requirements Application 602.57 This Division applies to persons operating Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Sections 602.57-602.60 (a) Canadian aircraft; and (b) foreign aircraft in Canada where those persons are Canadian citizens, permanent residents or corporations incorporated by or under the laws of Canada or a province. Prohibition 602.58 No person shall operate an aircraft referred to in section 602.57 unless the operational and emergency equipment required by these Regulations is carried on board. Equipment Standards 602.59 (1) Subject to subsection (2), no person shall operate an aircraft unless the operational and emergency equipment carried on board the aircraft (a) meets the applicable standards specified in the Airworthiness Manual; and (b) is functional. (2) Paragraph (1)(a) does not apply in respect of the following operational and emergency equipment: (a) survival equipment; (b) [Repealed, SOR/2019-49, s. 3] (c) a hand-held fire extinguisher, except if carried on board an aircraft operated under Subpart 4 or Part VII, where the extinguisher meets the applicable standards published by the Canadian Standards Association; (d) a first aid kit; (e) aeronautical charts and publications; (f) a timepiece; and (g) a flashlight. SOR/2019-49, s. 3; SOR/2020-151, s. 12. Requirements for Power-driven Aircraft 602.60 (1) No person shall conduct a take-off in a power-driven aircraft, other than an ultra-light aeroplane, unless the following operational and emergency equipment is carried on board: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Section 602.60 (a) a checklist or placards that enable the aircraft to be operated in accordance with limitations specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or any equivalent document provided by the manufacturer; (b) all of the necessary current aeronautical charts and publications covering the route of the proposed flight and any probable diversionary route, if the aircraft is operated in VFR OTT, night VFR flight or IFR flight; (c) a current database, if the aircraft is operated in IFR flight, in VFR OTT flight or in night VFR flight under Subpart 4 of Part VI or Subpart 2, 3, 4 or 5 of Part VII and database-dependent navigation equipment is used; (d) current data covering the route of the proposed flight and any probable diversionary route, if the aircraft is operated in VFR OTT flight other than VFR OTT flight referred to in paragraph (c) and databasedependent navigation equipment is used; (e) a hand-held fire extinguisher in the cockpit that (i) is of a type suitable for extinguishing fires that are likely to occur, (ii) is designed to minimize the hazard of toxic gas concentrations, and (iii) is readily available to each flight crew member; (f) a timepiece that is readily available to each flight crew member and that displays the time in hours, minutes and seconds; (g) a flashlight that is readily available to each crew member, if the aircraft is operated at night; and (h) a first aid kit. (2) A checklist or placards referred to in paragraph (1)(a) shall enable the aircraft to be operated in normal, abnormal and emergency conditions and shall include (a) a pre-start check; (b) a pre-take-off check; (c) a post-take-off check; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Sections 602.60-602.61 (d) a pre-landing check; and (e) emergency procedures. (3) Emergency procedures referred to in paragraph (2)(e) shall include (a) emergency operation of fuel, hydraulic, electrical and mechanical systems, where applicable; (b) emergency operation of instruments and controls, where applicable; (c) engine inoperative procedures; and (d) any other procedure that is necessary for aviation safety. (4) Checks and emergency procedures referred to in subsections (2) and (3) shall be performed and followed where they are applicable. SOR/2006-77, s. 9; SOR/2015-160, s. 27(F); SOR/2020-151, s. 13. Survival Equipment — Flights over Land 602.61 (1) Subject to subsection (2), no person shall operate an aircraft over land unless there is carried on board survival equipment, sufficient for the survival on the ground of each person on board, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides the means for (a) starting a fire; (b) providing shelter; (c) providing or purifying water; and (d) visually signalling distress. (2) Subsection (1) does not apply in respect of (a) a balloon, a glider, a hang glider, a gyroplane or an ultra-light aeroplane; (b) an aircraft that is operated within 25 nautical miles of the aerodrome of departure and that has the capability of radiocommunication with a surfacebased radio station for the duration of the flight; (c) a multi-engined aircraft that is operated south of 66° 30’ north latitude Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Sections 602.61-602.62 (i) in IFR flight within controlled airspace, or (ii) along designated air routes; (d) an aircraft that is operated by an air operator, where the aircraft is equipped with equipment specified in the air operator’s company operations manual, but not with the equipment required by subsection (1); or (e) an aircraft that is operated in a geographical area where and at a time of year when the survival of the persons on board is not jeopardized. Life Preservers and Flotation Devices 602.62 (1) No person shall conduct a take-off or a landing on water in an aircraft or operate an aircraft over water beyond a point where the aircraft could reach shore in the event of an engine failure, unless a life preserver, individual flotation device or personal flotation device is carried for each person on board. (2) No person shall operate a land aeroplane, gyroplane, helicopter or airship at more than 50 nautical miles from shore unless a life preserver is carried for each person on board. (3) No person shall operate a balloon at more than two nautical miles from shore unless a life preserver, individual flotation device or personal flotation device is carried for each person on board. (4) Subject to subsection (5), for aircraft other than balloons, every life preserver, individual flotation device and personal flotation device referred to in this section shall be stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated. (5) In cases where infant life preservers are carried on board an aircraft operated with flight attendants on board, the infant life preservers may be stowed in bulk in a location that is easily accessible to the flight attendants if (a) the location is adjacent to a ditching emergency exit and is clearly marked as the stowage location for infant life preservers; and (b) the operator has established procedures that require flight attendants to distribute an infant life Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Sections 602.62-602.63 preserver to each passenger responsible for an infant when preparing for a ditching. SOR/2020-253, s. 4. Life Rafts and Survival Equipment — Flights over Water 602.63 (1) No person shall operate over water a singleengined aeroplane, or a multi-engined aeroplane that is unable to maintain flight with any engine failed, at more than 100 nautical miles, or the distance that can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board. (2) Subject to subsection (3), no person shall operate over water a multi-engined aeroplane that is able to maintain flight with any engine failed at more than 200 nautical miles, or the distance that can be covered in 60 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board. (3) A person may operate over water a transport category aircraft that is an aeroplane, at up to 400 nautical miles, or the distance that can be covered in 120 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site without the life rafts referred to in subsection (2) being carried on board. (4) No person shall operate over water a single-engined helicopter, or a multi-engined helicopter that is unable to maintain flight with any engine failed, at more than 25 nautical miles, or the distance that can be covered in 15 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board. (5) No person shall operate over water a multi-engined helicopter that is able to maintain flight with any engine failed at more than 50 nautical miles, or the distance that Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Section 602.63 can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board. (6) The life rafts referred to in this section shall be (a) stowed so that they are easily accessible for use in the event of a ditching; (b) installed in conspicuously marked locations near an exit; and (c) equipped with an attached survival kit, sufficient for the survival on water of each person on board the aircraft, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides a means for (i) providing shelter, (ii) providing or purifying water, and (iii) visually signalling distress. (7) Where a helicopter is required to carry life rafts pursuant to subsection (4) or (5), no person shall operate the helicopter over water having a temperature of less than 10oC unless (a) a helicopter passenger transportation suit system that conforms to paragraph 551.407(c) of the Airworthiness Manual is provided for each passenger on board; (b) a helicopter crew member transportation suit system is provided for each crew member on board; and (c) the pilot-in-command directs all persons on board to wear their helicopter transportation suit system. (8) Every person who has been directed to wear a helicopter transportation suit system pursuant to paragraph (7)(c) shall wear that suit system. SOR/2015-84, s. 3; SOR/2019-122, s. 4(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Sections 602.64-602.66 Offshore Operations Flight 602.64 (1) Subject to section 602.65, no person shall dispatch or conduct a take-off in a helicopter to conduct an offshore operations flight if, during the pre-flight check required under section 602.71 or the weather check required under section 602.72, the pilot-in-command or the air operator is aware that the sea state at any point along the planned route exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching. (2) An air operator who uses a helicopter to conduct an offshore operations flight shall notify the pilot-in-command if, at take-off or during the flight, the air operator is or becomes aware that the sea state at any point along the planned route between the position of the helicopter and the destination exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching. (3) If the pilot-in-command of a helicopter who is conducting an offshore operations flight is or becomes aware that the sea state at any point along the planned route between the position of the helicopter and the destination exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching, the pilotin-command shall, subject to section 602.65, proceed directly to a land base. SOR/2015-84, s. 4. Emergency Exception 602.65 Subsections 602.64(1) and (3) do not apply in respect of an offshore operations flight conducted for the purpose of responding to an emergency. SOR/2015-84, s. 4. Emergency Underwater Breathing Apparatus (EUBA) 602.66 (1) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters unless (a) a EUBA is provided for each person on board; (b) each EUBA (i) is readily accessible for immediate use in the event of a ditching, (ii) can be donned quickly, (iii) provides a supplemental air supply that is effective to a depth of at least 3.6 m, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division II — Operational and Emergency Equipment Requirements Section 602.66 (iv) is not likely to pose a snagging risk during an evacuation of the helicopter; and (c) each person on board has, in the 36-month period preceding the flight, received EUBA training that (i) is specific to the type of EUBA provided, (ii) includes classroom theory training on the use of the EUBA and its limits and hazards, and (iii) includes practical pool training that simulates the evacuation of a helicopter that has overturned or is sinking after a ditching. (2) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of 10°C or more unless the EUBA that is provided for a person under subsection (1) is attached to the life preserver, individual flotation device or personal flotation device that is carried on board the helicopter for that person. (3) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of less than 10°C unless the EUBA that is provided for a person under subsection (1) (a) is in a pocket or pouch that is part of the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system; (b) is in a pouch that is worn with the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system; or (c) is attached to the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system. SOR/2015-84, s. 4. [602.67 to 602.69 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division III — Flight Preparation, Flight Plans and Flight Itineraries Sections 602.70-602.71 Division III — Flight Preparation, Flight Plans and Flight Itineraries Interpretation 602.70 In this Division, overdue, in respect of an aircraft, means an aircraft for which an arrival report has not been filed (a) where a flight plan has been filed in respect of the aircraft, (i) if a search and rescue notification time is specified in the flight plan, immediately after the last reported such time, or (ii) in all other cases, within one hour after the last reported estimated time of arrival, or (b) where a flight itinerary has been filed in respect of the aircraft, (i) if a search and rescue notification time is specified in the flight itinerary, immediately after the last reported such time, or (ii) in all other cases, within 24 hours after the last reported estimated time of arrival; (en retard) responsible person means an individual who has agreed with the person who has filed a flight itinerary to ensure that the following are notified in the manner prescribed in this Division, if the aircraft is overdue, namely, (a) an air traffic control unit, a flight service station or a community aerodrome radio station, or (b) a Rescue Co-ordination Centre. (personne de confiance) Pre-flight Information 602.71 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available information that is appropriate to the intended flight. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division III — Flight Preparation, Flight Plans and Flight Itineraries Sections 602.72-602.75 Weather Information 602.72 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available weather information that is appropriate to the intended flight. Requirement to File a Flight Plan or a Flight Itinerary 602.73 (1) Subject to subsection (3), no pilot-in-command shall operate an aircraft in IFR flight unless an IFR flight plan has been filed. (2) No pilot-in-command shall operate an aircraft in VFR flight unless a VFR flight plan or a VFR flight itinerary has been filed, except where the flight is conducted within 25 nautical miles of the departure aerodrome. (3) A pilot-in-command may file an IFR flight itinerary instead of an IFR flight plan where (a) the flight is conducted in part or in whole outside controlled airspace; or (b) facilities are inadequate to permit the communication of flight plan information to an air traffic control unit, a flight service station or a community aerodrome radio station. (4) Despite anything in this Division, no pilot-in-command shall, unless a flight plan has been filed, operate an aircraft between Canada and a foreign state. SOR/2021-152, s. 19(E). Contents of a Flight Plan or a Flight Itinerary 602.74 A flight plan or flight itinerary shall contain such information as is specified by the Minister in the Canada Flight Supplement. Filing of a Flight Plan or a Flight Itinerary 602.75 (1) A flight plan shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station. (2) A flight itinerary shall be filed with a responsible person, an air traffic control unit, a flight service station or a community aerodrome radio station. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division III — Flight Preparation, Flight Plans and Flight Itineraries Sections 602.75-602.76 (3) A flight plan or flight itinerary shall be filed by (a) sending, delivering or otherwise communicating the flight plan or flight itinerary or the information contained therein; and (b) receiving acknowledgement that the flight plan or flight itinerary or the information contained therein has been received. Changes in the Flight Plan 602.76 (1) The pilot-in-command of an aircraft for which an IFR flight plan or an IFR flight itinerary has been filed shall follow the procedure set out in subsection (2) where the pilot-in-command intends to make any change in the plan or itinerary in respect of (a) the cruising altitude or cruising flight level; (b) the route of flight; (c) the destination aerodrome; (d) in the case of a flight plan, the true airspeed at the cruising altitude or cruising flight level, where the change intended is five per cent or more of the true airspeed specified in the IFR flight plan; or (e) the Mach number, where the change intended is .01 or more of the Mach number that has been included in the air traffic control clearance. (2) A pilot-in-command of an aircraft who intends to make any of the changes in the IFR flight plan or the IFR flight itinerary that are referred to in subsection (1) shall (a) notify as soon as practicable an air traffic control unit or the responsible person, as the case may be, of the intended change; and (b) where the flight is being conducted in controlled airspace, receive an air traffic control clearance before making the intended change. (3) The pilot-in-command of an aircraft for which a VFR flight plan or a VFR flight itinerary has been filed shall follow the procedure set out in subsection (4) where the pilot-in-command intends to make a change in the plan or itinerary in respect of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division III — Flight Preparation, Flight Plans and Flight Itineraries Sections 602.76-602.77 (a) the route of flight; (b) the duration of the flight; or (c) the destination aerodrome. (4) A pilot-in-command of an aircraft who intends to make any of the changes in the VFR flight plan or the VFR flight itinerary that are referred to in subsection (3) shall notify as soon as practicable an air traffic control unit, a flight service station, a community aerodrome radio station or the responsible person, of the intended change. Requirement to File an Arrival Report 602.77 (1) Subject to subsections (3) and (4), a pilot-incommand of an aircraft who terminates a flight in respect of which a flight plan has been filed under subsection 602.75(1) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station or a community aerodrome radio station as soon as practicable after landing but not later than (a) the search and rescue action initiation time specified in the flight plan; or (b) where no search and rescue action initiation time is specified in the flight plan, one hour after the last reported estimated time of arrival. (2) Subject to subsection (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight itinerary has been filed under subsection 602.75(2) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station, a community aerodrome radio station or, if the flight itinerary was filed with a responsible person, the responsible person, as soon as practicable after landing but not later than (a) the search and rescue action initiation time specified in the flight itinerary; or (b) where no search and rescue action initiation time is specified in the flight itinerary, 24 hours after the last reported estimated time of arrival. (3) A pilot-in-command who terminates an IFR flight at an aerodrome where there is an operating air traffic control unit or flight service station is not required to file an Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division III — Flight Preparation, Flight Plans and Flight Itineraries Sections 602.77-602.86 arrival report unless requested to do so by the appropriate air traffic control unit. (4) A pilot-in-command of an aircraft who conducts a flight in respect of which a flight plan or flight itinerary has been filed with an air traffic control unit, flight service station or community aerodrome radio station may file an arrival report by closing the flight plan or flight itinerary with an air traffic control unit, flight service station or community aerodrome radio station prior to landing. SOR/2006-77, s. 10. Contents of an Arrival Report 602.78 An arrival report shall contain such information as is specified by the Minister in the Canada Flight Supplement. Overdue Aircraft Report 602.79 Any person who assumes responsibilities with respect to an aircraft and who has reason to believe that the aircraft is overdue, or any other person who has been directed by that person to do so, shall immediately, by the quickest means available, (a) notify an air traffic control unit, a flight service station, a community aerodrome radio station or a Rescue Co-ordination Centre; and (b) provide, to the best of the person’s knowledge, all of the available information concerning the overdue aircraft that may be requested by the air traffic control unit, the flight service station, the community aerodrome radio station or the Rescue Co-ordination Centre. [602.80 to 602.85 reserved] Division IV — Pre-Flight and Fuel Requirements Carry-on Baggage, Equipment and Cargo 602.86 (1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are (a) stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IV — Pre-Flight and Fuel Requirements Section 602.86 type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or (b) restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence. (2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless (a) the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo; (b) all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board; (c) where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board, (i) no passenger’s view of any “seat belt” sign, “no smoking” sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available, (ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and (iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and (d) all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher. SOR/2002-353, s. 1(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IV — Pre-Flight and Fuel Requirements Sections 602.87-602.88 Crew Member Instructions 602.87 The pilot-in-command of an aircraft shall ensure that each crew member, before acting as a crew member on board the aircraft, has been instructed with respect to (a) the duties that the crew member is to perform; and (b) the location and use of all of the normal and emergency exits and of all of the emergency equipment that is carried on board the aircraft. Fuel Requirements 602.88 (1) This section does not apply in respect of any glider, balloon or ultra-light aeroplane. (2) No pilot-in-command of an aircraft shall commence a flight or, during flight, change the destination aerodrome set out in the flight plan or flight itinerary, unless the aircraft carries sufficient fuel to ensure compliance with subsections (3) to (5). (3) An aircraft operated in VFR flight shall carry an amount of fuel that is sufficient to allow the aircraft (a) in the case of an aircraft other than a helicopter, (i) when operated during the day, to fly to the destination aerodrome and then to fly for a period of 30 minutes at normal cruising speed, or (ii) when operated at night, to fly to the destination aerodrome and then to fly for a period of 45 minutes at normal cruising speed; or (b) in the case of a helicopter, to fly to the destination aerodrome and then to fly for a period of 20 minutes at normal cruising speed. (4) An aircraft operated in IFR flight shall carry an amount of fuel that is sufficient to allow the aircraft (a) in the case of a propeller-driven aeroplane, (i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 45 minutes, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IV — Pre-Flight and Fuel Requirements Sections 602.88-602.89 (ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 45 minutes; or (b) in the case of a turbo-jet-powered aeroplane or a helicopter, (i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 30 minutes, or (ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 30 minutes. (5) Every aircraft shall carry an amount of fuel that is sufficient to provide for (a) taxiing and foreseeable delays prior to take-off; (b) meteorological conditions; (c) foreseeable air traffic routings and traffic delays; (d) landing at a suitable aerodrome in the event of loss of cabin pressurization or, in the case of a multiengined aircraft, failure of any engine, at the most critical point during the flight; and (e) any other foreseeable conditions that could delay the landing of the aircraft. Passenger Briefings 602.89 (1) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed before take-off with respect to the following, where applicable: (a) the location and means of operation of emergency and normal exits; (b) the location and means of operation of safety belts, shoulder harnesses and restraint devices; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IV — Pre-Flight and Fuel Requirements Sections 602.89-602.96 (c) the positioning of seats and the securing of seat backs and chair tables; (d) the stowage of carry-on baggage; (e) where the aircraft is unpressurized and it is possible that the flight will require the use of oxygen by the passengers, the location and means of operation of oxygen equipment; and (f) any prohibition against smoking. (2) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed (a) in the case of an over-water flight where the carriage of life preservers, individual flotation devices or personal flotation devices is required pursuant to section 602.62, before commencement of the over-water portion of the flight, with respect to the location and use of those items; and (b) in the case of a pressurized aircraft that is to be operated at an altitude above FL 250, before the aircraft reaches FL 250, with respect to the location and means of operation of oxygen equipment. (3) The pilot-in-command of an aircraft shall, before take-off, ensure that all of the passengers on board the aircraft are provided with information respecting the location and use of (a) first aid kits and survival equipment; (b) where the aircraft is a helicopter or a small aircraft that is an aeroplane, any ELT that is required to be carried on board pursuant to section 605.38; and (c) any life raft that is required to be carried on board pursuant to section 602.63. [602.90 to 602.95 reserved] Division V — Operations at or in the Vicinity of an Aerodrome General 602.96 (1) This section applies to persons operating VFR or IFR aircraft at or in the vicinity of an uncontrolled or controlled aerodrome. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Section 602.96 (2) Before taking off from, landing at or otherwise operating an aircraft at an aerodrome, the pilot-in-command of the aircraft shall be satisfied that (a) there is no likelihood of collision with another aircraft or a vehicle; and (b) the aerodrome is suitable for the intended operation. (3) The pilot-in-command of an aircraft operating at or in the vicinity of an aerodrome shall (a) observe aerodrome traffic for the purpose of avoiding a collision; (b) conform to or avoid the pattern of traffic formed by other aircraft in operation; (c) make all turns to the left when operating within the aerodrome traffic circuit, except where right turns are specified by the Minister in the Canada Flight Supplement or where otherwise authorized by the appropriate air traffic control unit; (d) if the aerodrome is an airport or heliport, comply with any airport or heliport operating restrictions specified by the Minister in the Canada Flight Supplement or in a NOTAM; (e) where practicable, land and take off into the wind unless otherwise authorized by the appropriate air traffic control unit; (f) maintain a continuous listening watch on the appropriate frequency for aerodrome control communications or, if this is not possible and an air traffic control unit is in operation at the aerodrome, keep a watch for such instructions as may be issued by visual means by the air traffic control unit; and (g) where the aerodrome is a controlled aerodrome, obtain from the appropriate air traffic control unit, either by radio communication or by visual signal, clearance to taxi, take off from or land at the aerodrome. (4) Unless otherwise authorized by the appropriate air traffic control unit, no pilot-in-command shall operate an aircraft at an altitude of less than 2,000 feet over an aerodrome except for the purpose of landing or taking off or if the aircraft is operated pursuant to subsection (5). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Section 602.96 (5) Where it is necessary for the purposes of the operation in which the aircraft is engaged, a pilot-in-command may operate an aircraft at an altitude of less than 2,000 feet over an aerodrome, where it is being operated (a) in the service of a police authority; (b) for the purpose of saving human life; (c) for fire-fighting or air ambulance operations; (d) for the purpose of the administration of the Fisheries Act or the Coastal Fisheries Protection Act; (e) for the purpose of the administration of the national or provincial parks; (f) for the purpose of flight inspection; (g) for the purpose of aerial application or aerial inspection; (h) for the purpose of highway or city traffic patrol; (i) for the purpose of aerial photography conducted by the holder of an air operator certificate; (j) for the purpose of helicopter external load operations; or (k) for the purpose of flight training conducted by the holder of a flight training unit operator certificate. (6) No person shall conduct a take-off or landing at a designated airport without an aircraft fire-fighting service in an aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers if the aeroplane is operated under (a) Part VI, Subpart 4; or (b) Part VII, Subpart 1 or 5. (7) Subsection (6) does not apply in respect of (a) a cargo flight without passengers; (b) a ferry flight; (c) a positioning flight; (d) a training flight if no fare-paying passengers are on board; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Sections 602.96-602.97 (e) the arrival of an aeroplane when the airport is being used for a diversion or as an alternate aerodrome; or (f) the subsequent departure of an aeroplane referred to in paragraph (e) if (i) the air operator or private operator has notified the operator of the designated airport of the intended time of departure, (ii) the operator of the designated airport has advised the air operator or private operator that aircraft fire-fighting services cannot be made available within one hour after the later of the time that notification was given under subparagraph (i) and the time of landing, and (iii) the pilot-in-command and the operations manager of the air operator or private operator have agreed that the aeroplane will depart without aircraft fire-fighting services being available. SOR/2003-59, s. 1; SOR/2019-119, s. 30; SOR/2021-269, s. 8. VFR and IFR Aircraft Operations at Uncontrolled Aerodromes within an MF Area 602.97 (1) Subject to subsection (3), no pilot-in-command shall operate a VFR or IFR aircraft within an MF area unless the aircraft is equipped with radiocommunication equipment pursuant to Subpart 5. (2) The pilot-in-command of a VFR or IFR aircraft operating within an MF area shall maintain a listening watch on the mandatory frequency specified for use in the MF area. (3) The pilot-in-command of a VFR aircraft that is not equipped with the radiocommunication equipment referred to in subsection (1) may operate the aircraft to or from an uncontrolled aerodrome that lies within an MF area if (a) a ground station is in operation at the aerodrome; (b) prior notice of the pilot-in-command’s intention to operate the aircraft at the aerodrome has been given to the ground station; (c) when conducting a take-off, the pilot-in-command ascertains by visual observation that there is no likelihood of collision with another aircraft or a vehicle during take-off; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Sections 602.97-602.101 (d) when approaching for a landing, the aircraft enters the aerodrome traffic circuit from a position that will require it to complete two sides of a rectangular circuit before turning onto the final approach path. General MF Reporting Requirements 602.98 (1) Every report made pursuant to this Division shall be made on the mandatory frequency that has been specified for use in the applicable MF area. (2) Every report referred to in subsection (1) shall be (a) directed to the ground station associated with the MF area, if a ground station exists and is in operation; or (b) broadcast, if a ground station does not exist or is not in operation. MF Reporting Procedures before Entering Manoeuvring Area 602.99 The pilot-in-command of a VFR or IFR aircraft that is operated at an uncontrolled aerodrome that lies within an MF area shall report the pilot-in-command’s intentions before entering the manoeuvring area of the aerodrome. MF Reporting Procedures on Departure 602.100 The pilot-in-command of a VFR or IFR aircraft that is departing from an uncontrolled aerodrome that lies within an MF area shall (a) before moving onto the take-off surface, report the pilot-in-command’s departure procedure intentions; (b) before take-off, ascertain by radiocommunication and by visual observation that there is no likelihood of collision with another aircraft or a vehicle during takeoff; and (c) after take-off, report departing from the aerodrome traffic circuit. MF Reporting Procedures on Arrival 602.101 The pilot-in-command of a VFR aircraft arriving at an uncontrolled aerodrome that lies within an MF area shall report (a) before entering the MF area and, where circumstances permit, shall do so at least five minutes before Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Sections 602.101-602.104 entering the area, giving the aircraft’s position, altitude and estimated time of landing and the pilot-incommand’s arrival procedure intentions; (b) when joining the aerodrome traffic circuit, giving the aircraft’s position in the circuit; (c) when on the downwind leg, if applicable; (d) when on final approach; and (e) when clear of the surface on which the aircraft has landed. MF Reporting Procedures When Flying Continuous Circuits 602.102 The pilot-in-command of a VFR aircraft carrying out continuous circuits at an uncontrolled aerodrome that lies within an MF area shall report (a) when joining the downwind leg of the circuit; (b) when on final approach, stating the pilot-in-command’s intentions; and (c) when clear of the surface on which the aircraft has landed. Reporting Procedures When Flying through an MF Area 602.103 The pilot-in-command of an aircraft flying through an MF area shall report (a) before entering the MF area and, where circumstances permit, shall do so at least five minutes before entering the area, giving the aircraft’s position and altitude and the pilot-in-command’s intentions; and (b) when clear of the MF area. Reporting Procedures for IFR Aircraft When Approaching or Landing at an Uncontrolled Aerodrome 602.104 (1) This section applies to persons operating IFR aircraft when approaching or landing at an uncontrolled aerodrome, whether or not the aerodrome lies within an MF area. (2) The pilot-in-command of an IFR aircraft who intends to conduct an approach to or a landing at an uncontrolled aerodrome shall report (a) the pilot-in-command’s intentions regarding the operation of the aircraft Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Sections 602.104-602.105 (i) five minutes before the estimated time of commencing the approach procedure, stating the estimated time of landing, (ii) when commencing a circling manoeuvre, and (iii) as soon as practicable after initiating a missed approach procedure; and (b) the aircraft’s position (i) when passing the fix outbound, where the pilotin-command intends to conduct a procedure turn or, if no procedure turn is intended, when the aircraft first intercepts the final approach course, (ii) when passing the final approach fix or three minutes before the estimated time of landing where no final approach fix exists, and (iii) on final approach. SOR/2019-119, s. 31(F). Noise Operating Criteria 602.105 No person shall operate an aircraft at or in the vicinity of an aerodrome except in accordance with the applicable noise abatement procedures and noise control requirements specified by the Minister in the Canada Air Pilot or Canada Flight Supplement, including the procedures and requirements relating to (a) preferential runways; (b) minimum noise routes; (c) hours when aircraft operations are prohibited or restricted; (d) arrival procedures; (e) departure procedures; (f) duration of flights; (g) the prohibition or restriction of training flights; (h) VFR or visual approaches; (i) simulated approach procedures; and (j) the minimum altitude for the operation of aircraft in the vicinity of the aerodrome. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Section 602.106 Noise-restricted Runways 602.106 (1) Subject to subsection (2), no person shall operate a subsonic turbo-jet aeroplane that has a maximum certificated take-off weight of more than 34 000 kg (74,956 pounds) on take-off at a noise-restricted runway set out in column II of an item of the table to this section at an aerodrome set out in column I of that item, unless there is on board (a) a certificate of noise compliance issued in respect of the aeroplane under section 507.20; or (b) where the aeroplane is not a Canadian aircraft, a foreign certificate of noise compliance issued by the state of registry that has been validated by the Minister under section 507.23. (c) [Repealed, SOR/2020-151, s. 14] (2) Subsection (1) does not apply (a) to the extent that it is inconsistent with any obligation assumed by Canada in respect of a foreign state in a treaty, convention or agreement; (b) where the pilot-in-command of an aircraft has declared an emergency; or (c) where an aircraft is operated on (i) an air evacuation operation, (ii) any other emergency air operation , or (iii) a departure from an aerodrome at which it was required to land because of an emergency. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division V — Operations at or in the Vicinity of an Aerodrome Section 602.106 TABLE Column I Item Aerodrome* Vancouver International Airport Calgary International Airport Edmonton City Centre (Blatchford Field) Airpo Edmonton International Airport Winnipeg / James Armstrong Richardson Inter Hamilton Airport Toronto/Lester B. Pearson International Airpor Ottawa/Macdonald-Cartier International Airpor Montréal/Pierre Elliott Trudeau International A * Information taken from the aeronautical information publication of TABLEAU Colonne I Article Aérodromes* Aéroport international de Vancouver Aéroport international de Calgary Aéroport du centre ville d’Edmonton (Blatchfo Aéroport international d’Edmonton Aéroport international James Armstrong Rich Winnipeg Aéroport de Hamilton Aéroport international Lester B. Pearson de To Aéroport international Macdonald-Cartier d’O Aéroport international Pierre-Elliott-Trudeau d * Données tirées de la publication d’information aéronautique de NA SOR/99-470, s. 1; SOR/2004-29, s. 5; SOR/2005-169, s. 1; SOR/2009-167, s. 5; SOR/ 2019-119, s. 32; SOR/2020-151, s. 14. [602.107 to 602.113 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VI — Visual Flight Rules Sections 602.114-602.115 Division VI — Visual Flight Rules Minimum Visual Meteorological Conditions for VFR Flight in Controlled Airspace 602.114 No person shall operate an aircraft in VFR flight within controlled airspace unless (a) the aircraft is operated with visual reference to the surface; (b) flight visibility is not less than three miles; (c) the distance of the aircraft from cloud is not less than 500 feet vertically and one mile horizontally; and (d) where the aircraft is operated within a control zone, (i) when reported, ground visibility is not less than three miles, and (ii) except when taking off or landing, the distance of the aircraft from the surface is not less than 500 feet. Minimum Visual Meteorological Conditions for VFR Flight in Uncontrolled Airspace 602.115 No person shall operate an aircraft in VFR flight within uncontrolled airspace unless (a) the aircraft is operated with visual reference to the surface; (b) where the aircraft is operated at or above 1,000 feet AGL (i) during the day, flight visibility is not less than one mile, (ii) during the night, flight visibility is not less than three miles, and (iii) in either case, the distance of the aircraft from cloud is not less than 500 feet vertically and 2,000 feet horizontally; (c) where the aircraft is not a helicopter and is operated at less than 1,000 feet AGL (i) during the day, flight visibility is not less than two miles, except if otherwise authorized in an air operator certificate, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VI — Visual Flight Rules Sections 602.115-602.116 (ii) during the night, flight visibility is not less than three miles, and (iii) in either case, the aircraft is operated clear of cloud; and (d) where the aircraft is a helicopter and is operated at less than 1,000 feet AGL (i) during the day, flight visibility is not less than one mile, except if otherwise authorized in an air operator certificate or a flight training unit operator certificate — helicopter, (ii) during the night, flight visibility is not less than three miles, and (iii) in either case, the aircraft is operated clear of cloud. SOR/2014-131, s. 14. VFR Over-the-Top 602.116 Despite paragraphs 602.114(a) and 602.115(a), an aircraft may be operated in VFR OTT flight during the cruise portion of the flight during the day if (a) the aircraft is operated at a vertical distance from cloud of at least 1,000 feet; (b) where the aircraft is operated between two cloud layers, the vertical distance between the layers is at least 5,000 feet; (c) flight visibility at the cruising altitude of the aircraft is at least five miles; and (d) the weather at the aerodrome of destination is forecast to have no broken, overcast or obscured layer lower than 3,000 feet above the planned flight altitude and the ground visibility is forecast to be five miles or greater with no thunderstorms or precipitation (i) where the forecast is an aerodrome forecast (TAF), for the period from one hour before to two hours after the estimated time of arrival, using the worst forecast condition together with any of the references TEMPO (temporary fluctuation), BECMG (becoming) or PROB (probability), and (ii) where an aerodrome forecast (TAF) is not available and the forecast is an area forecast (FA), for the period from one hour before to three hours after the estimated time of arrival. SOR/2019-119, s. 33; SOR/2021-152, s. 19(E). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VI — Visual Flight Rules Sections 602.116-602.117 Special VFR Flight 602.117 (1) Despite paragraph 602.114(b), an aircraft may be operated in special VFR flight within a control zone if (a) weather conditions preclude compliance with paragraph 602.114(b); (b) flight visibility is not less than (i) one mile, where the aircraft is not a helicopter, or (ii) one-half mile, where the aircraft is a helicopter; (c) the aircraft is operated clear of cloud and with visual reference to the surface at all times; and (d) authorization to do so has been requested and obtained from the appropriate air traffic control unit. (2) Where aerodrome traffic permits, an air traffic control unit shall authorize a pilot-in-command to operate an aircraft in special VFR flight within a control zone if (a) the pilot-in-command requests authorization to operate the aircraft in special VFR flight; (b) when reported, ground visibility within the control zone is not less than (i) one mile, where the aircraft is not a helicopter, or (ii) one-half mile, where the aircraft is a helicopter; (c) the aircraft is equipped with radiocommunication equipment capable of maintaining communication with the appropriate air traffic control unit; and (d) the aircraft is not a helicopter and is operated during the night, and the authorization is for the purpose of allowing the aircraft to land at the destination aerodrome. SOR/2006-77, s. 11; SOR/2021-152, s. 19(E). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VI — Visual Flight Rules Sections 602.121-602.124 [602.118 to 602.120 reserved] Division VII — Instrument Flight Rules General Requirements 602.121 (1) No pilot-in-command shall operate an aircraft in IMC in any class of airspace, except in accordance with IFR. (2) No pilot-in-command of an aircraft shall conduct an IFR flight within controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance pursuant to section 602.31. Alternate Aerodrome Requirements 602.122 Except as otherwise authorized by the Minister in an air operator certificate or in a special authorization issued under subsection 604.05(2), no pilot-in-command shall operate an aircraft in IFR flight unless the IFR flight plan or IFR flight itinerary that has been filed for the flight under section 602.73 includes an alternate aerodrome having a landing area suitable for use by that aircraft. SOR/2014-131, s. 15. Alternate Aerodrome Weather Minima 602.123 No pilot-in-command of an aircraft shall include an alternate aerodrome in an IFR flight plan or IFR flight itinerary unless available weather information indicates that the ceiling and visibility at the alternate aerodrome will, at the expected time of arrival, be at or above the alternate aerodrome weather minima specified in the Canada Air Pilot. Minimum Altitudes to Ensure Obstacle Clearance 602.124 (1) Subject to subsections (2) and (3), the pilot-in-command of an IFR aircraft shall, except when taking off or landing, or when being radar-vectored by an air traffic control unit, ensure that the aircraft is operated at or above (a) the MOCA, when the aircraft is on an airway or air route; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VII — Instrument Flight Rules Sections 602.124-602.125 (b) the minimum altitude established by the Minister to ensure obstacle clearance and specified on an IFR chart, when the aircraft is within airspace in respect of which such a minimum altitude has been established. (2) When an aircraft referred to in subsection (1) is not being operated on an airway or air route or within airspace in respect of which a minimum altitude referred to in paragraph (1)(b) has been established, the pilot-incommand shall ensure that the aircraft is operated at or above (a) an altitude of 1,000 feet above the highest obstacle located within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight; (b) in a region designated as a mountainous region in the Designated Airspace Handbook and identified therein as area 1 or 5, an altitude of 2,000 feet above the highest obstacle within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight; and (c) in a region designated as a mountainous region in the Designated Airspace Handbook and identified therein as area 2, 3 or 4, an altitude of 1,500 feet above the highest obstacle within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight. (3) If aviation safety would be at risk as a result of the presence of obstacles to air navigation, the Minister may issue a NOTAM that establishes a higher minimum altitude requirement than that referred to in subsection (1) or (2). Enroute IFR Position Reports 602.125 (1) The pilot-in-command of an IFR aircraft shall transmit position reports over compulsory reporting points specified on an IFR chart unless advised by the appropriate air traffic control unit that the aircraft is radar-identified. (2) A position report transmitted pursuant to subsection (1) shall contain the information specified by the Minister in the Canada Flight Supplement. SOR/2006-77, s. 12. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VII — Instrument Flight Rules Sections 602.126-602.127 Take-off Minima 602.126 (1) No pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in (a) the air operator certificate where the aircraft is operated in accordance with Part VII; (b) a special authorization issued under subsection 604.05(2); or (c) the Canada Air Pilot in any case other than a case described in paragraph (a) or (b). (2) For the purposes of subsection (1), the take-off visibility is (a) the RVR of the runway, if the RVR is reported to be at or above the minimum take-off visibility specified in a document or the manual referred to in subsection (1); (b) the ground visibility of the aerodrome for the runway, if the RVR (i) is reported to be less than the minimum take-off visibility specified in a document or the manual referred to in subsection (1), (ii) is reported to vary between distances less than and greater than the minimum take-off visibility specified in the Canada Air Pilot or a certificate referred to in subsection (1), or (iii) is not reported; or (c) the runway visibility as observed by the pilot-incommand, if (i) the RVR is not reported, and (ii) the ground visibility of the aerodrome is not reported. SOR/2006-199, s. 11; SOR/2014-131, s. 16. Instrument Approaches 602.127 (1) Unless otherwise authorized by the appropriate air traffic control unit, the pilot-in-command of an IFR aircraft shall, when conducting an approach to an aerodrome or a runway, ensure that the approach is Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VII — Instrument Flight Rules Sections 602.127-602.128 made in accordance with the instrument approach procedure. (2) No pilot-in-command of an IFR aircraft shall commence an instrument approach procedure unless the aircraft altimeter is set to an altimeter setting that is usable at the aerodrome where the approach is to be conducted. Landing Minima 602.128 (1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the Restricted Canada Air Pilot. (2) No pilot-in-command of an IFR aircraft shall, unless the required visual reference necessary to continue the approach to land has been established, (a) in the case of a CAT I or CAT II precision approach, continue the final approach descent below the decision height; or (b) in the case of a non-precision approach, descend below the minimum descent altitude. (3) Where the pilot-in-command of an IFR aircraft conducting an instrument approach does not establish the required visual reference referred to in subsection (2), the pilot-in-command shall initiate a missed approach procedure (a) in the case of a CAT I or CAT II precision approach, at decision height; and (b) in the case of a non-precision approach, at the missed approach point. (4) Despite anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless (a) the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and (b) the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a). SOR/2006-199, s. 12; SOR/2014-131, s. 17; SOR/2021-152, s. 19(E). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VII — Instrument Flight Rules Section 602.129 Approach Ban — General 602.129 (1) This section does not apply in respect of aircraft operated under Part VII. (2) For the purposes of subsection (4), the RVR with respect to an aeroplane is less than the minimum RVR if (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 1,200 feet or the RVR measured by RVR “B” for the runway of intended approach is less than 600 feet; or (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 1,200 feet. (3) For the purposes of subsection (4), the RVR with respect to a helicopter is less than the minimum RVR if (a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the surface of intended approach is less than 1,200 feet; or (b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the surface of intended approach is less than 1,200 feet. (4) Where the RVR is reported to be less than the minimum RVR set out in subsection (2) or (3), as applicable, no person shall continue an instrument approach in an IFR aircraft unless (a) at the time the RVR report is received, the aircraft has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted; (b) the aircraft is on a training flight where a landing is not intended and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or minimum descent altitude, as appropriate; (c) the RVR is varying between distances less than and greater than the minimum RVR; (d) the RVR is less than the minimum RVR, and the ground visibility at the aerodrome where the runway is located is reported to be at least one quarter of a mile; or (e) the pilot-in-command of the aircraft is conducting a precision approach to CAT III minima. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VII — Instrument Flight Rules Sections 602.129-602.131 (5) No pilot-in-command of an IFR aircraft shall commence a non-precision approach, an APV or a CAT I or CAT II precision approach to an airport where low-visibility procedures are in effect. SOR/2006-199, s. 13. Approach Ban — CAT III Precision 602.130 (1) This section does not apply in respect of aircraft operated under Part VII. (2) No person shall continue a CAT III precision approach in an IFR aircraft beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR reported is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted. SOR/2006-199, s. 13. Runway Visibility 602.131 (1) When no reading from RVR “A” or RVR “B” for the runway of intended approach is available, runway visibility is assessed (a) by a pilot holding an instrument rating and in the manner set out in section 622.131 of Standard 622 — Pilot Assessment of Runway Visibility Standards of the General Operating and Flight Rules Standards; or (b) by a person qualified in accordance with section 804.26 and in the manner set out in section 804.25. (2) The assessment of runway visibility is valid only for a period of 20 minutes after it is established. SOR/2006-199, s. 14; SOR/2015-160, s. 28(F). [602.132 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VIII — Radiocommunications Sections 602.133-602.137 Division VIII — Radiocommunications Language Used in Aeronautical Radiocommunications 602.133 English and French are the languages of aeronautical radiocommunication in Canada. Request for Air Traffic Services 602.134 Any person operating an aircraft who wishes to receive air traffic services referred to in section 801.11 in English or French shall so indicate to the appropriate air traffic control unit or flight service station by means of an initial radiocommunication in English or French, as appropriate. SOR/2004-29, s. 6; SOR/2019-119, s. 34. 602.135 [Reserved, SOR/2019-119, s. 35] [602.135 Reserved] Continuous Listening Watch 602.136 Subject to sections 602.137 and 602.138, where an aircraft is equipped with radiocommunication equipment, the pilot-in-command shall ensure that (a) a listening watch is maintained on the appropriate frequency; and (b) where communications are required, communication is established with an air traffic control unit, flight service station or community aerodrome radio station, as applicable, on that appropriate frequency. Two-way Radiocommunication Failure in IFR Flight 602.137 (1) Where there is a two-way radiocommunication failure between the controlling air traffic control unit and an IFR aircraft that is in or has received a clearance to enter controlled airspace, the pilot-in-command shall (a) maintain a listening watch on the appropriate frequency for control messages or further clearance and acknowledge receipt of any such messages, if possible, by any means available; (b) set the transponder to code 7600; and (c) attempt to establish communications with any air traffic services facility or other aircraft, inform the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division VIII — Radiocommunications Sections 602.137-602.143 facility or aircraft of the difficulty and request it to relay the information to the last air traffic control unit with which communications had been established. (2) Where communications cannot be established with any air traffic services facility, either directly or by relay through an intermediary, the pilot-in-command shall, except where specific instructions to cover an anticipated communications failure have been received from an air traffic control unit, comply with the procedures specified by the Minister in the Canada Air Pilot and the Canada Flight Supplement. Two-way Radiocommunication Failure in VFR Flight 602.138 Where there is a two-way radiocommunication failure between the controlling air traffic control unit and a VFR aircraft while operating in Class B, Class C or Class D airspace, the pilot-in-command shall (a) leave the airspace (i) where the airspace is a control zone, by landing at the aerodrome for which the control zone is established, and (ii) in any other case, by the shortest route; (b) where the aircraft is equipped with a transponder, set the transponder to code 7600; and (c) inform an air traffic control unit as soon as possible of the actions taken pursuant to paragraph (a). [602.139 to 602.142 reserved] Division IX — Emergency Communications and Security Emergency Radio Frequency Capability 602.143 No person shall operate an aircraft equipped with two-way VHF radiocommunication equipment unless the equipment is capable of providing communication on VHF frequency 121.5 MHz. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IX — Emergency Communications and Security Sections 602.144-602.145 Interception Signals, Interception of Aircraft and Instructions to Land 602.144 (1) No person shall give an interception signal or an instruction to land except (a) a peace officer, an officer of a police authority or an officer of the Canadian Armed Forces acting within the scope of their duties; or (b) a person authorized to do so by the Minister pursuant to subsection (2). (2) The Minister may authorize a person to give an interception signal or an instruction to land if such authorization is in the public interest and is not likely to affect aviation safety. (3) The pilot-in-command of an aircraft who receives an instruction to land from a person referred to in subsection (1) shall, subject to any direction received from an air traffic control unit, comply with the instruction. (4) The pilot-in-command of an intercepting aircraft and the pilot-in-command of an intercepted aircraft shall comply with the rules of interception set out in the Canada Flight Supplement. SOR/2021-152, s. 18. ADIZ 602.145 (1) This section applies in respect of aircraft before entering into and while operating within the ADIZ, the dimensions of which are specified in the Designated Airspace Handbook. (2) Every flight plan or flight itinerary required to be filed pursuant to this section shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station. (3) The pilot-in-command of an aircraft whose point of departure within the ADIZ or last point of departure before entering the ADIZ has facilities for the transmission of flight plan or flight itinerary information shall (a) before take-off, file a flight plan or flight itinerary; (b) in the case of a VFR aircraft where the point of departure is outside the ADIZ, (i) indicate in the flight plan or flight itinerary the estimated time and point of ADIZ entry, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IX — Emergency Communications and Security Section 602.145 (ii) as soon as possible after take-off, communicate by radio to an air traffic control unit, a flight service station or a community aerodrome radio station a position report of the aircraft’s location, altitude, aerodrome of departure and estimated time and point of ADIZ entry; and (c) in the case of a VFR aircraft where the point of departure is within the ADIZ, as soon as possible after take-off, communicate by radio to an air traffic control unit, a flight service station or a community aerodrome radio station a position report of the aircraft’s location, altitude and aerodrome of departure. (4) The pilot-in-command of an aircraft whose point of departure within the ADIZ or last point of departure before entering the ADIZ does not have facilities for the transmission of flight plan or flight itinerary information shall (a) as soon as possible after take-off, file by radiocommunication a flight plan or flight itinerary; and (b) in the case of a VFR aircraft, indicate in the flight plan or flight itinerary the estimated time and point of ADIZ entry, if applicable. (5) The pilot-in-command of a VFR aircraft shall revise the estimated time and point of ADIZ entry and inform an air traffic control unit, a flight service station or a community aerodrome radio station, when the aircraft is not expected to arrive (a) within plus or minus five minutes of the estimated time at (i) a reporting point, (ii) the point of ADIZ entry, or (iii) the point of destination within the ADIZ; or (b) within 20 nautical miles of (i) the estimated point of ADIZ entry, or (ii) the centre line of the route of flight indicated in the flight plan or flight itinerary. ESCAT Plan [SOR/2002-352, s. 2] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division IX — Emergency Communications and Security Sections 602.146-602.150 602.146 (1) This section applies in respect of aircraft before entering into and while operating within Canadian domestic airspace or the ADIZ. (2) The pilot-in-command of an aircraft referred to in subsection (1) who is notified by an air traffic control unit of the implementation of the ESCAT Plan shall (a) before take-off, obtain approval for the flight from the appropriate air traffic control unit or flight service station; (b) comply with any instruction to land or to change course or altitude that is received from the appropriate air traffic control unit or flight service station; and (c) provide the appropriate air traffic control unit or flight service station with position reports (i) when operating within controlled airspace, as required pursuant to section 602.125, and (ii) when operating outside controlled airspace, at least every 30 minutes. SOR/2002-352, s. 3. [602.147 to 602.149 reserved] Division X — Noise Emission Levels for Subsonic Turbo-Jet Aeroplanes Requirements 602.150 (1) No person shall operate a subsonic turbojet aeroplane that has a maximum certificated take-off weight of 34 000 kg (74,956 pounds) or more to or from an aerodrome other than Gander International Airport unless the aeroplane meets the noise emission standards set out in Chapter 3 or 4 of Volume I, Aircraft Noise, of Annex 16 to the Convention. (2) For the purpose of subsection (1), the following expressions, used in Annex 16 to the Convention, have the following meanings: (a) aeroplane has the same meaning as in subsection 101.01(1); Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 2 — Operating and Flight Rules Division X — Noise Emission Levels for Subsonic Turbo-Jet Aeroplanes Sections 602.150-603.02 (b) maximum certificated take-off mass has the same meaning as maximum certificated take-off weight in subsection 101.01(1); and (c) subsonic jet has the same meaning as subsonic turbo-jet aeroplane in subsection (1). SOR/2008-277, s. 1; SOR/2010-304, s. 3. 602.151 [Repealed, SOR/2008-277, s. 1] 602.152 [Repealed, SOR/2008-277, s. 1] 602.153 [Repealed, SOR/2008-277, s. 1] 602.154 [Repealed, SOR/2008-277, s. 1] 602.155 [Repealed, SOR/2008-277, s. 1] 602.156 [Repealed, SOR/2008-277, s. 1] 602.157 [Repealed, SOR/2008-277, s. 1] 602.158 [Repealed, SOR/2008-277, s. 1] 602.159 [Repealed, SOR/2008-277, s. 1] 602.160 [Repealed, SOR/2008-277, s. 1] 602.161 [Repealed, SOR/2008-277, s. 1] 602.162 [Repealed, SOR/2008-277, s. 1] Subpart 3 — Special Flight Operations Division I — Special Aviation Events Certification Requirements for Special Aviation Events 603.01 No person shall conduct a special aviation event, other than a fly-in, unless the person complies with the provisions of a special flight operations certificate — special aviation event issued by the Minister under section 603.02. SOR/2020-151, s. 15. Issuance of Special Flight Operations Certificate — Special Aviation Event 603.02 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division I — Special Aviation Events Sections 603.02-603.04 and manner required by and within the time limits specified in the Special Flight Operations Standards, issue a special flight operations certificate-special aviation event to an applicant who demonstrates to the Minister the ability to conduct a special aviation event in accordance with the Special Flight Operations Standards. SOR/2006-77, s. 13. Contents of Special Flight Operations Certificate — Special Aviation Event 603.03 A special flight operations certificate — special aviation event shall contain the following information: (a) the name and address of the certificate holder; (b) the number of the certificate; (c) the date of issue of the certificate; (d) the validity period of the certificate; (e) the general conditions identified in section 603.04; and (f) specific conditions with respect to (i) the types of aircraft authorized to operate at the special aviation event and, if applicable, their registration, (ii) the names and, if applicable, the qualifications of the flight crew members authorized to participate in the special aviation event, and (iii) any other condition pertaining to the special aviation event that the Minister deems necessary for aviation safety. General Conditions of Special Flight Operations Certificate — Special Aviation Event 603.04 A special flight operations certificate — special aviation event shall contain the following general conditions: (a) the certificate holder shall maintain an adequate management organization; (b) the certificate holder shall ensure that participants are (i) qualified for the type of demonstration to be flown, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division I — Special Aviation Events Sections 603.04-603.07 (ii) provided with a briefing that meets the Special Flight Operations Standards; and (c) the certificate holder shall conduct the special aviation event in a safe manner. Event Management 603.05 No person shall conduct a special aviation event unless the person has a management organization that (a) is capable of exercising supervision and operational control over (i) persons attending the special aviation event, (ii) any flight that is to be operated at the special aviation event; and (iii) personnel involved in the conduct of the special aviation event whose duties and responsibilities are specified in the Special Flight Operations Standards; and (b) meets the Special Flight Operations Standards. SOR/2006-77, s. 14. Participant and Aircraft Eligibility 603.06 No person shall operate an aircraft or permit an aircraft to be operated in a special aviation event unless the person operating the aircraft and the aircraft (a) meet the eligibility requirements specified in section 623.06 of the Special Flight Operations Standards; and (b) are authorized to do so in a special flight operations certificate-special aviation event. SOR/2006-77, s. 15. Minimum Safety Distances and Altitudes 603.07 No person shall operate an aircraft in a special aviation event at a distance from, or at an altitude above, a spectator area, a built-up area or an occupied building if that distance or altitude is less than the minimum specified in section 623.07 of the Special Flight Operations Standards. SOR/2006-77, s. 15. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division I — Special Aviation Events Sections 603.08-603.19 Weather Conditions 603.08 No person shall operate an aircraft in a special aviation event in weather conditions that are below the minimum conditions specified in the Special Flight Operations Standards. Participant Briefing 603.09 No person shall operate an aircraft in a special aviation event unless the person has received a participant briefing that meets the Special Flight Operations Standards. [603.10 to 603.15 reserved] Division II — Balloons with Farepaying Passengers Application 603.16 This Division applies in respect of the operation of a balloon where fare-paying passengers are carried on board. Certification Requirements for Balloon Operations 603.17 No person shall operate a balloon under this Division unless the person complies with the provisions of a special flight operations certificate — balloons issued by the Minister pursuant to section 603.18. Issuance of Special Flight Operations Certificate — Balloons 603.18 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 Special Flight Operations Standards, issue a special flight operations certificate — balloons to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards. Contents of Special Flight Operations Certificate — Balloons 603.19 A special flight operations certificate — balloons shall contain the following information: (a) the name and address of the balloon operator; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division II — Balloons with Fare-paying Passengers Sections 603.19-603.22 (b) the number of the certificate; (c) the date of issue of the certificate; (d) the general conditions identified in section 603.20; and (e) specific conditions with respect to (i) the types and AX class of balloons authorized and, where the balloon is of a special shape or is a foreign-registered balloon, its registration, (ii) the external carriage of passengers, and (iii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety. General Conditions of Special Flight Operations Certificate — Balloons 603.20 A special flight operations certificate — balloons shall contain the following general conditions: (a) the balloon operator shall maintain balloons that are properly equipped for the area of operation and the type of operation; (b) the balloon operator shall maintain its balloons in accordance with the requirements of Subpart 5; (c) the balloon operator shall employ flight crew members who meet the Special Flight Operations Standards; and (d) the balloon operator shall conduct a safe operation. Crew Member Qualifications 603.21 No balloon operator shall permit a person to act and no person shall act as the pilot-in-command of a balloon unless the person meets the qualification and currency requirements set out in the Special Flight Operations Standards. Briefing of Passengers 603.22 The pilot-in-command of a balloon shall ensure that passengers are given a safety briefing that meets the Special Flight Operations Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division II — Balloons with Fare-paying Passengers Sections 603.23-603.37 Operations at Night 603.23 No person shall operate a balloon in free flight at night unless (a) the balloon is equipped in accordance with section 605.19; and (b) landings are conducted during the day. Tethered Flight 603.24 (1) No person shall operate a balloon in tethered flight with passengers on board unless the pilot-incommand is on board. (2) The pilot-in-command shall record all time spent in tethered flight as air time for the purpose of maintenance. Carriage of Passengers 603.25 No person shall operate a balloon with passengers on board unless each passenger is carried in the basket. SOR/2006-77, s. 16. 603.26 [Repealed, SOR/2006-77, s. 16] [603.26 to 603.35 reserved] Division III — Parachuting Application 603.36 This Division applies in respect of the conduct of parachute descents (a) in or into controlled airspace or an air route; and (b) over or into a built-up area or open-air assembly of persons. Certification Requirements for Parachute Operations 603.37 For the purposes of section 602.26, a pilot-incommand may permit and a person may conduct a parachute descent under this Division if the person complies with the provisions of a special flight operations certificate — parachuting issued by the Minister pursuant to section 603.38. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division III — Parachuting Sections 603.38-603.65 Issuance of Special Flight Operations Certificate — Parachuting 603.38 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 Special Flight Operations Standards, issue a special flight operations certificate — parachuting to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards. Contents of Special Flight Operations Certificate — Parachuting 603.39 A special flight operations certificate parachuting shall contain the following information: — (a) the name and address of the certificate holder; (b) the number of the certificate; (c) the date of issue of the certificate; (d) the validity period of the certificate; (e) the type of flight operation authorized; and (f) any condition pertaining to the operation that the Minister deems necessary for aviation safety. [603.40 to 603.64 reserved] Division IV — Miscellaneous Special Flight Operations Application 603.65 This Division applies in respect of the following flight operations when not conducted under Part VII: (a) the operation of an aircraft, other than a balloon, for the purpose of conducting a take-off or landing within a built-up area of a city or town at a place other than an airport, heliport or military aerodrome; (b) the operation of an aircraft for the purpose of conducting aerial application, aerial inspection or aerial photography at altitudes and distances less than those specified in paragraph 602.14(2)(a); (c) the operation of a helicopter while conducting Class B, C or D external load operations over a builtup area or open-air assembly of persons, including Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 3 — Special Flight Operations Division IV — Miscellaneous Special Flight Operations Sections 603.65-603.68 flight at altitudes and distances less than those specified in paragraph 602.14(2)(a); (d) [Repealed, SOR/2019-11, s. 18] (e) the operation of a powered aircraft while persons enter or, except for parachute descents, leave the aircraft in flight; and (f) the operation of an aircraft while conducting aerobatic manoeuvres below 2,000 feet AGL. SOR/2003-271, s. 7; SOR/2007-87, s. 12; SOR/2019-11, s. 18; SOR/2019-119, s. 36. Certification Requirements 603.66 No person shall conduct a flight operation referred to in section 603.65 unless the person complies with the provisions of a special flight operations certificate issued by the Minister pursuant to section 603.67. Issuance of Special Flight Operations Certificate 603.67 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 Special Flight Operations Standards, issue a special flight operations certificate to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards. Contents of Special Flight Operations Certificate 603.68 A special flight operations certificate shall contain the following information: (a) the name and address of the certificate holder; (b) the number of the certificate; (c) the date of issue of the certificate; (d) the validity period of the certificate; (e) the type of flight operation authorized; and (f) any condition pertaining to the operation that the Minister deems necessary for aviation safety. [603.69 to 603.75 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Section 604.01 Subpart 4 — Private Operators Division I — General Provisions Interpretation 604.01 (1) The following definitions apply in this Subpart. flight deck duty time means the period spent by a flight crew member at a flight crew member position in an aeroplane during flight time. (temps de service au poste de pilotage) main base means a location where a private operator has personnel, aircraft and facilities for its operations and that is established as the principal place of business of the private operator. (base principale) PBN Manual means ICAO Document 9613, entitled Performance-based Navigation (PBN) Manual. (manuel PBN) special authorization means an authorization issued by the Minister under subsection 604.05(2) that permits the carrying out of an activity referred to in Division IV or an activity in respect of which the Minister has established requirements under subsection 604.74(1). (autorisation spéciale) sub-base means a location where a private operator has personnel and aircraft and from which operational control is exercised in accordance with the private operator’s operational control system. (base secondaire) (2) For the purpose of interpreting a document incorporated by reference into this Subpart, unless the context requires otherwise, (a) “should” and “must” shall be read as “shall”; (b) “operator” and “aircraft operator” shall be read as “private operator”; and (c) “authority”, “competent aviation authority” and “operating authority” shall be read as “Minister”. SOR/2005-341, s. 5; SOR/2014-131, s. 18; SOR/2018-269, s. 7. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division I — General Provisions Sections 604.02-604.04 Application 604.02 This Subpart applies to the following Canadian aircraft: (a) large aeroplanes; (b) turbine-powered aircraft; (c) pressurized aircraft; and (d) multi-engined aircraft. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Prohibition 604.03 (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document: (a) a large aeroplane; (b) a turbo-jet-powered aeroplane; or (c) a turbine-powered pressurized aeroplane certificated for more than six passenger seats. (2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by (a) an air operator who operates the aircraft in accordance with the requirements of Part VII; or (b) a person who operates the aircraft under a flight permit issued under section 507.04. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Issuance of a Private Operator Registration Document 604.04 (1) The applicant for a private operator registration document shall submit to the Minister an application containing the following information: (a) the applicant’s legal name and, if any, trade name; (b) the applicant’s contact information; (c) the names of the operations manager, chief pilot and maintenance manager; (d) a description of the proposed area of operation, using the chart depicted in the Index to Application of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division I — General Provisions Sections 604.04-604.06 Supplementary Procedures in ICAO Document 7030, entitled Regional Supplementary Procedures; (e) the location of the applicant’s main base and, if any, sub-bases; and (f) for each aircraft that will be operated, the aircraft type, the nationality mark and the registration mark. (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a private operator registration document to the applicant if the applicant is the registered owner of all the aircraft that will be operated under this Subpart or is permitted to use those aircraft under section 203.03. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Issuance of Special Authorization 604.05 (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that a) identifies the activity referred to in Division IV that the applicant wishes to carry out; and b) includes a copy of the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization requested. (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant (a) holds a private operator registration document; (b) is able to meet the requirements of Division IV relating to the special authorization requested; and (c) has an operations manual that sets out the processes, practices and procedures that are necessary to meet the requirements of Division IV relating to the special authorization requested. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Notice to the Minister 604.06 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division I — General Provisions Sections 604.07-604.09 Amendment of Private Operator’s Operations Manual 604.07 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Duties of a Private Operator 604.08 A private operator shall (a) ensure that no person is appointed operations manager or chief pilot or continues to serve as operations manager or chief pilot if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for (i) an offence under section 7.3 of the Act, or (ii) two or more offences under these Regulations that did not arise from a single incident; (b) ensure that no person is appointed maintenance manager or continues to serve as maintenance manager if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for an offence under section 7.3 of the Act; (c) ensure that the operations manager performs the duties set out in section 604.204; (d) perform the duties set out in section 604.208; and (e) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of these Regulations. SOR/2014-131, s. 18. Accountability 604.09 (1) No operations manager, no chief pilot and no maintenance manager shall assign to another person a management function for which he or she is responsible and accountable unless the private operator’s operations manual (a) identifies the functions that may be assigned; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division I — General Provisions Sections 604.09-604.25 (b) identifies either by name or by position the persons to whom those functions may be assigned; and (c) describes the scope of the assignment. (2) The responsibility and accountability of an operations manager, a chief pilot and a maintenance manager are not affected by the assignment of a management function to another person under subsection (1). SOR/2014-131, s. 18. [604.10 to 604.24 reserved] 604.21 [Repealed, SOR/2014-131, s. 18] 604.22 [Repealed, SOR/2014-131, s. 18] 604.23 [Repealed, SOR/2014-131, s. 18] 604.24 [Repealed, SOR/2014-131, s. 18] Division II — Flight Operations Operational Control System 604.25 (1) A private operator shall have an operational control system that is adapted to the complexity of the private operator’s operations and to the private operator’s area of operation, and that meets the requirements of subsections (2) and (3). (2) The operational control system shall include procedures for ensuring that (a) all the operational requirements specified in this Subpart are met; (b) each aircraft is operated within the weight and balance limits specified in the aircraft flight manual; (c) the names of the persons on board an aircraft are recorded by the private operator before each flight; and (d) search and rescue authorities are notified in a timely manner if a flight is overdue or missing. (3) The operational control system shall include (a) pilot self-dispatch procedures that set out the following elements: (i) flight planning requirements, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division II — Flight Operations Section 604.25 (ii) the timing within which a flight crew member must inform the private operator of an aircraft’s departure and arrival, and (iii) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing; or (b) co-authority dispatch procedures that set out the following elements: (i) flight planning requirements, (ii) flight following requirements, (iii) flight watch requirements, (iv) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing, (v) the method by which the operational flight plan is approved and recorded by the pilot-in-command and the flight dispatcher, (vi) if operational flight plans are prepared and accepted for a series of flights, the method by which any changes to those plans are approved and recorded by the pilot-in-command and the flight dispatcher, (vii) if flight planning and flight watch are two separate functions, the method of switching from one to the other, and (viii) a means to ensure that, at each location where a flight originates, the pilot-in-command will (A) receive meteorological information related to the flight, (B) receive a copy of the operational flight plan, and (C) can contact the responsible flight dispatcher prior to take-off. (4) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days after the day on which the flight is completed. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division II — Flight Operations Sections 604.26-604.29 Designation of Pilot-in-command and Second-in-command 604.26 (1) A private operator shall designate, for each flight, a pilot-in-command or, if the crew includes two or more flight crew members, a pilot-in-command and a second-in-command. (2) The private operator shall record the name of the pilot-in-command and, if applicable, second-in-command designated for each flight under subsection (1) and shall retain the record for at least 180 days after the day on which the flight is completed. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Flight Dispatchers and Flight Followers 604.27 A flight dispatcher and a flight follower shall, in respect of a flight conducted by a private operator, (a) perform flight following and flight watch; (b) provide any operational information requested by a flight crew member; and (c) notify search and rescue authorities in a timely manner if a flight is overdue or missing. SOR/2005-341, s. 5; SOR/2014-131, s. 18. Instrument Approaches — Landing 604.28 No person shall, in an aircraft operated by a private operator, conduct a landing following an instrument approach unless, immediately before landing, the pilotin-command ascertains, by means of radiocommunication or visual inspection, (a) the condition of the runway or surface of intended landing; and (b) the wind direction and speed. SOR/2009-280, s. 34; SOR/2014-131, s. 18. [604.29 to 604.35 reserved] 604.29 [Repealed, SOR/2005-341, s. 5] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division III — Flight Operations — Documents Sections 604.36-604.38 Division III — Flight Operations — Documents Checklist 604.36 (1) A private operator shall provide every crew member with the checklist referred to in paragraph 602.60(1)(a) or with the part of the checklist that is necessary for the performance of the crew member’s duties. (2) Every crew member shall follow, in the performance of his or her duties, the checklist or part of the checklist referred to in subsection (1). SOR/2014-131, s. 18. Aircraft Operating Manual 604.37 (1) A private operator may establish an aircraft operating manual for the operation of its aircraft. (2) An aircraft operating manual shall (a) contain aircraft operating procedures that are consistent with those contained in the aircraft flight manual; (b) contain, if the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in that manual, and clearly identify them as aircraft flight manual requirements; (c) contain the private operator’s standard operating procedures, if any; and (d) identify the aircraft to which it relates. SOR/2014-131, s. 18. Operational Flight Data Sheet 604.38 (1) No person shall conduct a take-off in an aircraft operated by a private operator unless an operational flight data sheet has been prepared and contains the following information: (a) the date of the flight; (b) the aircraft’s nationality mark and registration mark; (c) the name of the pilot-in-command; (d) the departure aerodrome; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division III — Flight Operations — Documents Sections 604.38-604.46 (e) the destination aerodrome; (f) the alternate aerodrome, if any; (g) the estimated flight time; (h) the fuel endurance; (i) the weight of the fuel on board the aircraft; (j) the zero fuel weight of the aircraft; (k) the take-off weight and centre of gravity of the aircraft; (l) the number of persons on board the aircraft; (m) the proposed time of departure; and (n) the estimated time of arrival. (2) The pilot-in-command of an aircraft referred to in subsection (1) shall, on the completion of each flight, record on the operational flight data sheet the flight time, time of departure, time of arrival and aerodrome of arrival. (3) The private operator shall retain a copy of the operational flight data sheet for at least 180 days after the day on which the flight is completed. SOR/2014-131, s. 18. [604.39 to 604.45 reserved] Division IV — Flight Operations — Special Authorizations Minimum Performance Capability of Long-range Navigation Systems 604.46 (1) For the purposes of this Division, a longrange navigation system shall have the following performance capability: (a) the standard deviation of the lateral track deviations is less than 6.3 nautical miles; (b) the proportion of the total flight time that is spent by the aircraft at a distance of 30 or more nautical miles from the cleared track is less than 5.3 x 10-4; and (c) the proportion of the total flight time that is spent by the aircraft at a distance of 50 to 70 nautical miles from the cleared track is less than 1.3 x 10-4. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.46-604.48 (2) For the purposes of this Division, a global navigation satellite system (GNSS) receiver is considered to be a long-range navigation system if it is installed in accordance with the requirements of Advisory Circular 20-138B, entitled Airworthiness Approval of Positioning and Navigation Systems, dated September 27, 2010 and published by the Federal Aviation Administration of the United States, as amended from time to time. SOR/2014-131, s. 18. General Prohibition — Special Authorizations 604.47 (1) Subject to subsection (2), no person shall carry out any activity referred to in this Division or in respect of which the Minister has established requirements under subsection 604.74(1) unless that person is a private operator. (2) A person other than a private operator may conduct an instrument approach using a GNSS receiver to the following minima: (a) lateral navigation (LNAV); (b) lateral navigation/vertical navigation (LNAV/ VNAV); (c) localizer performance without vertical guidance (LP); and (d) localizer performance with vertical guidance (LPV). SOR/2014-131, s. 18. No Alternate Aerodrome — IFR Flight 604.48 (1) For the purposes of section 602.122, a pilotin-command may conduct an IFR flight in an aircraft operated by a private operator when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if (a) the private operator is authorized to do so under a special authorization; (b) the estimated flight time is not more than six hours and the departure aerodrome is located in North America, Bermuda or the Caribbean islands; (c) the forecast or reported weather at the destination aerodrome, from one hour before until one hour after the estimated time of arrival, does not include (i) conditions, including fog or precipitation, that restrict flight visibility to less than three miles, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.48 (ii) a thunderstorm, (iii) a ceiling of less than 1,000 feet above the FAF altitude and a ground visibility of less than three miles, (iv) a ceiling of less than 1,500 feet above the minimum descent altitude and a ground visibility of less than six miles, or (v) freezing rain, freezing drizzle or sleet; (d) the destination aerodrome (i) has at least two runways that are (A) operational, (B) separate and not reciprocal directions of the same runway, and (C) suitable for the aircraft on the basis of the aircraft operating procedures, the aircraft performance data and limitations specified in the aircraft flight manual, and the factors that affect the performance of the aircraft, such as atmospheric and surface conditions, and (ii) is equipped with an emergency electrical power supply to operate the equipment and facilities that are essential for a safe landing of the aircraft in the event of a failure of the main electrical power supply; and (e) every flight crew member has received training, for which the validity period has not expired, in the conduct of an IFR flight when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary. (2) If the requirements of paragraphs (1)(a) to (e) are met, and regardless of the departure aerodrome, the pilot-in-command of an aircraft that is operated by a private operator, and that is on a flight to a destination aerodrome in Canada, may file a new IFR flight plan or a Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.48-604.49 new IFR flight itinerary that does not include an alternate aerodrome when the aircraft is within six hours’ flight time of the destination aerodrome. SOR/2014-131, s. 18. Take-off Minima 604.49 Despite paragraph 602.126(1)(b), (a) a pilot-in-command may conduct a take-off in an aircraft operated by a private operator when the reported RVR is at least 1,200 feet or the reported ground visibility is at least one quarter of a statute mile if (i) the private operator is authorized to do so under a special authorization, (ii) the aircraft is operated by at least two flight crew members, (iii) the flight plan filed for the flight specifies a take-off alternate aerodrome that (A) in the case of a twin-engined aircraft, is within the distance that can be flown in 60 minutes at normal cruising speed, or (B) in the case of an aircraft with three or more engines, is within the distance that can be flown in 120 minutes at normal cruising speed, (iv) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have received the following training for which the validity period has not expired: (A) take-off alternate aerodrome requirements, (B) pilot-in-command experience requirements, (C) pilot-in-command responsibility for visibility and obstacle clearance requirements, and (D) minimum aircraft and runway equipment requirements, (v) the pilot-in-command (A) identifies any obstructions that may be in the take-off path, (B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.49 (I) safely clear those obstructions, and (II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and (C) verifies that the RVR is at least 1,200 feet or the ground visibility is at least one quarter of a statute mile, (vi) the runway is equipped with high-intensity runway lights, or runway centre line lights, that are serviceable and functioning and that are visible to the pilot throughout the take-off run, or with runway centre line markings that are visible to the pilot throughout the take-off run, (vii) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line, (viii) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative, and (ix) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have demonstrated to the private operator the ability to operate the aircraft in accordance with this paragraph; and (b) a pilot-in-command may conduct a take-off in an aircraft operated by a private operator when the reported RVR is at least 600 feet if (i) the private operator is authorized to do so under a special authorization, (ii) the aircraft is operated by at least two flight crew members, (iii) the flight plan filed for the flight specifies a take-off alternate aerodrome that (A) in the case of a twin-engined aircraft, is within the distance that can be flown in 60 minutes at normal cruising speed, or (B) in the case of an aircraft with three or more engines, is within the distance that can be flown in 120 minutes at normal cruising speed, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.49 (iv) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have received the following training for which the validity period has not expired: (A) ground training in (I) take-off ments, alternate aerodrome require(II) pilot-in-command experience requirements, (III) pilot-in-command responsibility for visibility and obstacle clearance requirements, and (IV) minimum aircraft and runway equipment requirements, and (B) level C or D flight simulator training that includes (I) one completed take-off at an RVR of 600 feet, and (II) one rejected take-off, at an RVR of 600 feet, that includes an engine failure, (v) the pilot-in-command (A) identifies any obstructions that may be in the take-off path, (B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to (I) safely clear those obstructions, and (II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and (C) verifies that the RVR is at least 600 feet, (vi) the runway is equipped (A) with high-intensity runway lights, and runway centre line lights, that are serviceable and functioning and that are visible to the pilot throughout the take-off run, and with runway centre line markings that are visible to the pilot throughout the take-off run, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.49-604.50 (B) with two RVR sensors that each show an RVR of at least 600 feet, one sensor being situated at the approach end of the runway and the other at (I) the mid-point of the runway, or (II) the departure end of the runway, if the runway is equipped with three RVR sensors and the sensor situated at the mid-point is not serviceable, (vii) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line, (viii) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative, and (ix) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have demonstrated to the private operator the ability to operate the aircraft in accordance with this paragraph. SOR/2014-131, s. 18; SOR/2019-122, s. 5. Instrument Procedures — GNSS 604.50 No person shall conduct an instrument procedure using a GNSS receiver in an aircraft operated by a private operator unless (a) the private operator is authorized to do so under a special authorization; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.50 (b) every flight crew member has received the following training for which the validity period has not expired: (i) ground training in (A) the GNSS and its theory of operation, (B) the operation of the model of GNSS receiver that will be used, and (C) the actions to be taken in response to GNSS receiver warnings and messages, and (ii) in-flight training (A) in the operation of the model of GNSS receiver that will be used, (B) in the actions to be taken in response to GNSS receiver warnings and messages, (C) in the use of the GNSS receiver for instrument procedures and other associated duties for each crew position that the flight crew member will occupy, (D) provided (I) on board an aircraft, or (II) using a Level C or D flight simulator equipped with the same model of GNSS receiver as is installed in the private operator’s aircraft or with a model with a user interface comparable to the user interface of that GNSS receiver, and (E) provided by a pilot who has received training on the same model of GNSS receiver as is installed in the private operator’s aircraft or on a model with a user interface comparable to the user interface of that GNSS receiver; (c) every flight crew member has demonstrated to the private operator the ability to conduct an instrument approach using a GNSS receiver in accordance with this section; (d) the coverage area of the GNSS receiver database is compatible with the area of operation in which the aircraft will be operated; (e) the private operator has established procedures to ensure that (i) the GNSS receiver database is updated so that it remains current, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.50 (ii) flight crew members who identify GNSS receiver database errors communicate those errors to the private operator, and (iii) the GNSS receiver database errors identified are communicated to the private operator’s other personnel and to the GNSS receiver database provider; (f) if the aircraft is designed to be operated by one flight crew member, the GNSS course deviation and distance displays are located at the pilot station normally occupied by the pilot-in-command and within the primary field of vision of the flight crew member who occupies the pilot station; (g) if the aircraft is designed to be operated by two flight crew members, the GNSS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew member who occupies the pilot station; (h) if the aircraft is designed to be operated by one flight crew member, but can be operated by two flight crew members, (i) the control display unit that is linked to the GNSS receiver is centrally located in relation to the two pilot stations and provides navigation information that is visible to the pilot not flying, or (ii) the GNSS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew members who occupy those pilot stations; and (i) the private operator has established GNSS approach procedures in order to prevent confusion between GNSS distance information and distance measuring equipment (DME) information. SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.51 Precision Approaches — CAT II and CAT III 604.51 No person shall conduct a CAT II or a CAT III precision approach in an aircraft operated by a private operator unless (a) the private operator is authorized to do so under a special authorization; (b) the requirements of section 602.128 are met; (c) every flight crew member has received, in respect of CAT II and CAT III precision approaches, ground training for which the validity period has not expired that includes the following elements: (i) the characteristics, capabilities and limitations of the instrument landing system (ILS), including how its performance is affected by interference from other airborne or taxiing aircraft and from ground vehicles, (ii) the characteristics of the visual aids and the limitations on their use in reduced visibility at the various glide path angles and cockpit cut-off angles, and the height at which visual cues are expected to appear in actual operating conditions, (iii) the operation, capabilities and limitations of the airborne systems, (iv) the procedures and techniques for an approach, a missed approach and a rejected landing, and a description of the factors affecting height loss during a missed approach in normal and abnormal aircraft configurations, (v) the use and limitations of RVR, including the applicability of RVR readings from different positions along the runway, (vi) obstacle limitation surfaces, obstacle-free zones, missed approach design criteria, obstacle clearance for a CAT II or CAT III precision approach, and obstacle clearance for a go-around and a rejected landing, (vii) the effects of turbulence, precipitation and low level windshear, (viii) the procedures and techniques for making the transition from instrument flight to visual flight in low RVR conditions, including the geometry of eye, wheel and antenna positions in relation to ILS reference datum height, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.51 (ix) the actions to be taken if the required visual reference becomes inadequate when the aircraft is below the decision height, and the technique to be used for making the transition from visual flight to instrument flight if a go-around is necessary, (x) the actions to be taken in the event of a failure of the approach and landing equipment above and below the decision height or alert height, (xi) the recognition of a failure of the ground equipment, and the actions to be taken in the event of such a failure, (xii) the factors to be taken into account in the determination of the decision height or alert height, (xiii) the effect of aircraft malfunctions, including engine failure, on auto-throttle and auto-pilot performance, (xiv) the procedures to be followed and the precautions to be taken while taxiing in reduced visibility, and (xv) the standard operating procedures to be followed by flight crew members in normal, abnormal and emergency conditions; (d) every flight crew member has received, in respect of CAT II and CAT III precision approaches, training on a synthetic flight training device that includes the following elements: (i) two approaches, at least one of which is in an engine-out configuration if the aircraft is certified under Part V to perform in that configuration, (ii) a missed approach from the lowest minima specified in the special authorization, or a rejected landing, as applicable, (iii) an automatic landing or a manual landing from one of the approaches, as applicable, at the maximum crosswind authorized for the aircraft, and (iv) for CAT III approaches based on the use of a fail-passive rollout control system, a manual rollout using visual references or a combination of visual and instrument references; (e) every flight crew member has received, in respect of CAT II and CAT III precision approaches, training on a synthetic flight training device for which the validity period has not expired that includes the following elements: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.51-604.53 (i) one precision approach resulting in a landing, and (ii) a missed approach from the lowest minima specified in the special authorization, or a rejected landing, as applicable; and (f) every flight crew member has demonstrated to the private operator the ability to operate the aircraft in accordance with this section. SOR/2014-131, s. 18; SOR/2019-122, s. 6. Instrument Procedures — Restricted Canada Air Pilot 604.52 No person shall, in an aircraft operated by a private operator, conduct an instrument procedure that is specified in the Restricted Canada Air Pilot for an aerodrome unless (a) the private operator is authorized to do so under a special authorization; (b) the person conducts the procedure in accordance with the requirements set out in the Restricted Canada Air Pilot in respect of the procedure; and (c) every flight crew member has received the training necessary to mitigate the risks or hazards associated with that procedure with respect to the safety of the aircraft, persons or property, and the validity period for that training has not expired. SOR/2014-131, s. 18. CMNPS and RNPC Requirements 604.53 No person shall file a flight plan indicating that an aircraft operated by a private operator can be Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.53 operated in accordance with Canadian minimum navigation performance specifications (CMNPS) or required navigation performance capability (RNPC) unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with CMNPS or RNPC; (b) every flight crew member has received CMNPS or RNPC training, for which the validity period has not expired, in (i) normal operating procedures, including longrange navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position, (ii) the method of monitoring and cross-checking the long-range navigation system that is coupled to the auto-pilot, (iii) the actions to be taken in the event of a discrepancy among long-range navigation systems, and the method of determining which is the most accurate or reliable system, (iv) contingency procedures, (v) the actions to be taken in the event of a failure of one or more long-range navigation systems, (vi) the procedure for manually updating longrange navigation systems, (vii) airborne emergency procedures, including realignment, if applicable, (viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and (ix) RNAV systems; and (c) the aircraft is equipped with at least two independent long-range navigation systems or is operated as follows: (i) in the case of an aircraft equipped only with the radio navigation equipment referred to in paragraph 605.18(j), the aircraft is operated only on high level airways, and (ii) in the case of an aircraft equipped with at least two independent navigation systems, one of which is a long-range navigation system, the aircraft is operated only in RNPC airspace Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.53-604.54 (A) on high level fixed RNAV routes, (B) on direct routes that begin and end within the reception range of ground-based navigation aids, or (C) on high level airways. SOR/2014-131, s. 18; SOR/2019-122, s. 7(F). RNPC Requirements — High Level Fixed RNAV Routes [SOR/2019-122, s. 8(F)] 604.54 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated on a high level fixed RNAV route in accordance with required navigation performance capability (RNPC) unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNPC; (b) every flight crew member has received RNPC training, for which the validity period has not expired, in (i) normal operating procedures, including navigation system pre-flight data entry and periodic crosschecking of the system position display against the aircraft position, (ii) the method of monitoring and cross-checking the navigation system that is coupled to the autopilot, (iii) the actions to be taken in the event of a discrepancy among navigation systems, and the method of determining which is the most accurate or reliable system, (iv) contingency procedures, (v) the actions to be taken in the event of a failure of one or more navigation systems, (vi) the procedure for manually updating navigation systems, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.54-604.55 (vii) airborne emergency procedures, including realignment, if applicable, (viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and (ix) RNAV systems; and (c) the aircraft is equipped with at least two independent navigation systems, one of which is a long-range navigation system. SOR/2014-131, s. 18. NAT-MNPS Requirements 604.55 (1) No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with North Atlantic minimum navigation performance specifications (NAT-MNPS) unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with NAT-MNPS; (b) every flight crew member has received NATMNPS training, for which the validity period has not expired, in (i) normal operating procedures, including longrange navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position, (ii) the method of monitoring and cross-checking the long-range navigation system that is coupled to the auto-pilot, (iii) the actions to be taken in the event of a discrepancy among long-range navigation systems, and the method of determining which is the most accurate or reliable system, (iv) contingency procedures, (v) the actions to be taken in the event of a failure of one or more long-range navigation systems, (vi) the procedure for manually updating longrange navigation systems, (vii) airborne emergency procedures, including realignment, if applicable, (viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.55-604.56 (ix) RNAV systems; and (c) subject to subsections (2) and (4), the aircraft is equipped with at least two independent long-range navigation systems. (2) No person shall operate, in NAT-MNPS airspace, an aircraft operated by a private operator that is equipped with only one long-range navigation system, or that has only one functioning long-range navigation system, except on routes that are specified by the civil aviation authority of a contracting state as routes for aircraft equipped with only one long-range navigation system. (3) If the long-range navigation system referred to in subsection (2) is a GNSS receiver, it may be used if (a) a Canadian Technical Standard Order (CAN-TSO) design approval has been issued in respect of the GNSS receiver; or (b) the GNSS receiver meets the performance requirements of Technical Standard Order TSO-C196a, Airborne Supplemental Navigation Sensors for Global Positioning System Equipment Using Aircraft-Based Augmentation, published by the Federal Aviation Administration of the United States. (4) No person shall operate, in NAT-MNPS airspace, an aircraft operated by a private operator that is equipped only with short-range navigation equipment (VOR, DME, ADF), except on routes G3 or G11. SOR/2014-131, s. 18. RVSM Requirements 604.56 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with reduced vertical separation minima (RVSM) unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RVSM; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.56 (b) every flight crew member has received RVSM training, for which the validity period has not expired, in (i) the floor, ceiling and horizontal boundaries of RVSM airspace, (ii) rules on the exclusion of non-RVSM-compliant aircraft from the airspace, (iii) the procedures to be followed by flight crew members with respect to (A) pre-flight and in-flight altimeter checks, (B) use of the automatic altitude control system, (C) items on the minimum equipment list, (D) in-flight contingencies, (E) weather deviation procedures, (F) track offset procedures for wake turbulence, (G) inconsequential collision-avoidance systems alerts, and (H) pilot level-off call, (iv) procedures relating to non-RVSM-compliant aircraft required to carry out ferry flights, humanitarian flights or delivery flights, and (v) the use of an Airborne Collision Avoidance System (ACAS) and a Traffic Alert and Collision Avoidance System (TCAS); (c) the aircraft meets the following eligibility requirements set out in Advisory Circular 91–85, entitled Authorization of Aircraft and Operators for Flight in Reduced Vertical Separation Minimum Airspace, published by the Federal Aviation Administration of the United States: (i) in respect of aircraft performance, the requirements set out in paragraphs 8c(3), 8c(4), 8c(8), 8d and 10b(5)(d)6, and (ii) in respect of aircraft equipment, the requirements set out in paragraphs 9a to 9d; (d) the private operator meets the aircraft continued airworthiness maintenance requirements set out in paragraphs 11d, 11e and 11g of the advisory circular referred to in paragraph (c); and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.56-604.57 (e) the aircraft is equipped with a navigation system that meets the requirements set out in paragraph 1.3.3, subparagraphs 1.3.4a) and b), and paragraph 1.3.5 of NAT Doc 007, entitled Guidance Concerning Air Navigation In and Above the North Atlantic MNPS Airspace, published by ICAO. SOR/2014-131, s. 18. RNP 10 Requirements 604.57 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 10 (RNP 10) requirements unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNP 10 requirements; (b) every flight crew member has received RNP 10 training, for which the validity period has not expired, in (i) flight planning requirements, (ii) navigation performance requirements, (iii) enroute procedures, and (iv) contingency procedures; (c) the aircraft meets one of the following eligibility requirements: (i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNP 10 requirements, (ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNP 10 requirements, or (iii) the private operator has demonstrated to the Minister, using one of the data collection methods set out in section 1.3.3.1.4.2 of Chapter 1 of Part B of Volume II of the PBN Manual, that the aircraft meets the navigational accuracy requirements for RNP 10; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.57-604.58 (d) the aircraft is equipped with the navigation equipment referred to in sections 1.3.4 and 1.3.6.1 of Chapter 1 of Part B of Volume II of the PBN Manual; (e) the equipment referred to in paragraph (d) meets the standards, criteria and performance requirements set out in sections 1.3.4.1, 1.3.4.2, 1.3.6.1 and 1.3.11 of Chapter 1 of Part B of Volume II of the PBN Manual; and (f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 1.3.7, 1.3.8 and 1.3.9.2 to 1.3.9.9 of Chapter 1 of Part B of Volume II of the PBN Manual. SOR/2014-131, s. 18; SOR/2019-122, s. 9(F). RNP 4 Requirements 604.58 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 4 (RNP 4) requirements unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNP 4 requirements; (b) every flight crew member has received the training referred to in paragraph 604.60(b), and the validity period for that training has not expired; (c) the aircraft meets one of the following eligibility requirements: (i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNP 4 requirements, (ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNP 4 requirements, or (iii) the private operator has demonstrated to the Minister that the aircraft meets the navigational accuracy requirements for RNP 4; (d) the aircraft is equipped with the navigation equipment referred to in sections 1.3.3.1 and 1.3.3.2 of Chapter 1 of Part C of Volume II of the PBN Manual; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.58-604.59 (e) the equipment referred to in paragraph (d) meets the standards, criteria and functional requirements set out in sections 1.3.3.4 to 1.3.3.7 of Chapter 1 of Part C of Volume II of the PBN Manual; and (f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 1.3.4.2.1 to 1.3.4.4.4 and 1.3.6 of Chapter 1 of Part C of Volume II of the PBN Manual. SOR/2014-131, s. 18; SOR/2019-122, s. 10(F). RNAV 5 Requirements 604.59 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 5 (RNAV 5) requirements unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNAV 5 requirements; (b) every flight crew member has received the training referred to in paragraph 604.60(b) and the validity period for that training has not expired; (c) the aircraft meets one of the following eligibility requirements: (i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNAV 5 requirements, (ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNAV 5 requirements, or (iii) the private operator has demonstrated to the Minister that the aircraft meets the navigational accuracy requirements for RNAV 5; (d) the aircraft is equipped with at least one of the position sensors referred to in section 2.3.3 of Chapter 2 of Part B of Volume II of the PBN Manual; (e) the position sensors referred to in paragraph (d) meet the performance requirements, criteria and functional requirements set out in sections 2.3.3.1 to 2.3.3.3 of Chapter 2 of Part B of Volume II of the PBN Manual; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.59-604.60 (f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in section 2.3.4 of Chapter 2 of Part B of Volume II of the PBN Manual. SOR/2014-131, s. 18; SOR/2019-122, s. 11(F). RNAV 1 and RNAV 2 Requirements 604.60 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 1 (RNAV 1) or area navigation 2 (RNAV 2) requirements unless (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNAV 1 or RNAV 2 requirements; (b) every flight crew member has received RNAV 1 or RNAV 2 training, for which the validity period has not expired, in (i) pre-flight procedures for initialization, loading and verification of the area navigation system, (ii) the normal operation of the area navigation system, (iii) the procedure for manually updating the position of the area navigation system, (iv) the method of monitoring and cross-checking the area navigation system, (v) the operation of the area navigation system in a compass unreliability area, (vi) malfunction procedures, (vii) terminal area procedures, (viii) waypoint symbology, plotting procedures and record-keeping duties and practices, (ix) timekeeping procedures, (x) post-flight performance checks, (xi) flight planning, (xii) navigation performance requirements, (xiii) enroute procedures, and (xiv) contingency procedures; (c) the aircraft meets one of the following eligibility requirements: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.60-604.74 (i) the aircraft can be operated in accordance with precision area navigation (P-RNAV) requirements based on GNSS capability under an authorization issued by the competent authority of a contracting state, (ii) the aircraft can be operated in accordance with area navigation (RNAV) requirements based on DME/DME or DME/DME/IRU capability under an authorization issued by the Federal Aviation Administration of the United States, or (iii) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNAV 1 or RNAV 2 requirements; (d) the aircraft is equipped with at least one of the pieces of equipment referred to in section 3.3.3 of Chapter 3 of Part B of Volume II of the PBN Manual; (e) the equipment referred to in paragraph (d) meets the performance requirements, criteria and functional requirements set out in sections 3.3.3.1 to 3.3.3.2.1.1 and 3.3.3.2.1.3 to 3.3.3.3 of Chapter 3 of Part B of Volume II of the PBN Manual; (f) every flight crew member has demonstrated to the Minister the ability to operate the aircraft in accordance with this section; and (g) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 3.3.3.2.1.2, 3.3.4.2 to 3.3.4.6 and 3.3.6 of Chapter 3 of Part B of Volume II of the PBN Manual. SOR/2014-131, s. 18; SOR/2019-122, s. 12(F). [604.61 to 604.73 reserved] Other Activities Approved by the Minister 604.74 (1) The Minister shall establish requirements in respect of an activity that is not set out in sections 604.48 to 604.60 and in respect of which a special authorization may be issued if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Section 604.74 (a) the activity is subject to (i) operational and technical requirements established by ICAO or by the civil aviation authority of a foreign state, or (ii) a submission to the Minister, by a private operator, an air operator or a third party, that establishes operational and technical requirements and risk mitigation measures based on an analysis of aviation-safety-related hazards; (b) in the case referred to in subparagraph (a)(i), the operational and technical requirements are necessary for the conduct of flights abroad or in Canada by private operators, and those flights can be conducted in a safe manner; and (c) in the case referred to in subparagraph (a)(ii), the operational and technical requirements and risk mitigation measures ensure the safety of the flights conducted by private operators and will not have an adverse effect on aviation safety. (2) If the Minister establishes requirements in respect of an activity referred to in subsection (1), no person shall, in an aircraft operated by a private operator, carry out the activity unless (a) the private operator is authorized to carry out the activity under a special authorization; (b) every flight crew member has received, if applicable, the training specified by the Minister under subsection (3) in respect of the activity, and the validity period for that training has not expired; and (c) every flight crew member has demonstrated to the Minister the ability to carry out the activity in accordance with the operational and technical requirements referred to in subparagraph (1)(a)(i) or (ii), as applicable, and to take the measures that are necessary to manage or mitigate the risks associated with that activity. (3) The Minister shall specify training in respect of an activity referred to in subsection (1) taking into account (a) any training that is recommended by the civil aviation authority of a foreign state or by ICAO in respect of the activity; (b) the risks and hazards associated with the activity with respect to the safety of the aircraft, persons or property; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IV — Flight Operations — Special Authorizations Sections 604.74-604.82 (c) the level of safety required by the activity. SOR/2014-131, s. 18. [604.75 to 604.80 reserved] Division V — Flight Operations — Passengers 604.81 [Reserved, SOR/2015-127, s. 11] Cabin Safety 604.82 (1) No person shall conduct a take-off in an aircraft that is operated by a private operator and that has passengers on board, move the aircraft on the surface or direct that the aircraft be moved unless (a) safety belts are adjusted and fastened in accordance with paragraph 605.26(1)(a), infants are held in accordance with paragraph 605.26(1)(b), and persons using child restraint systems are secured in accordance with paragraph 605.26(1)(c); (b) subject to subsection (5), seat backs are secured in the upright position; (c) chair tables are stowed; (d) carry-on baggage is stowed; and (e) no seat located at an emergency exit is occupied by a passenger — including a passenger who has not been informed as to how that exit operates — whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation. (2) No person shall conduct a landing in an aircraft operated by a private operator unless (a) passengers have been directed to (i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c), (ii) subject to subsection (5), secure their seat backs in the upright position, (iii) stow their chair tables, and (iv) stow their carry-on baggage; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Section 604.82 (b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, the passenger has been directed to move to another seat. (3) The pilot-in-command of an aircraft operated by a private operator shall, in the event of an emergency and if time and circumstances permit, (a) direct passengers to (i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c), (ii) subject to subsection (5), secure their seat backs in the upright position, (iii) stow their chair tables, (iv) stow their carry-on baggage, (v) review the safety features card and assume the brace position until the aircraft stops moving, and (vi) in the event of an emergency over water, don their life preservers; and (b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, direct the passenger to move to another seat. (4) The pilot-in-command of an aircraft operated by a private operator shall, if the “fasten safety belt” sign is turned on during the flight, direct passengers to (a) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c); and (b) stow their carry-on baggage. (5) The seat of a passenger who is certified by a physician as unable to sit upright may remain in the reclining Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Sections 604.82-604.83 position during movement on the surface, take-off and landing if (a) the passenger is not seated in a location that would restrict the evacuation of 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. SOR/2014-131, s. 18. Fuelling with Passengers on Board 604.83 (1) No person operating an aircraft operated by a private operator shall permit the fuelling of the aircraft while passengers are on board or are embarking or disembarking, unless (a) in order for persons on board the aircraft to be notified promptly of a situation that could threaten their safety, two-way communication is maintained between the ground personnel supervising the fuelling and a person on board the aircraft who has received training in emergency evacuation procedures for that aircraft type; (b) no ground power generator or other electrical ground power supply is being connected to or disconnected from the aircraft; (c) no combustion heater installed on the aircraft is being used; (d) every combustion heater used in the vicinity of the aircraft has a marking, applied by the manufacturer, indicating that the heater is manufactured to Canadian Standards Association (CSA) or Underwriters Laboratories of Canada (ULC) standards; (e) no high-energy-emitting equipment, including high-frequency radios and airborne weather radar, is being operated unless the aircraft flight manual contains procedures for its use during fuelling and those procedures are followed; (f) no aircraft battery is being removed or being installed; (g) no external battery charger is being operated or is being connected to or disconnected from an aircraft battery; (h) no auxiliary power unit having an efflux that discharges into the fuelling safety zone is started after Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Section 604.83 filler caps are removed or fuelling connections are made; (i) no auxiliary power unit that is stopped is restarted until the flow of fuel has ceased, unless the aircraft flight manual establishes procedures for restarting the unit during fuelling and those procedures are followed; (j) no tool that is likely to produce a spark or electric arc is being used; (k) no photographic equipment is being used within the fuelling safety zone; (l) the fuelling is suspended if there is a lightning discharge within eight kilometres of the aerodrome; (m) the fuelling is carried out in accordance with the aircraft manufacturer’s instructions; (n) the aircraft emergency lighting system, if any, is armed or on; (o) “no smoking” signs, if any, on board the aircraft are illuminated; (p) no passenger is smoking or otherwise producing a source of ignition; (q) two exits, one of which is the door through which passengers embarked, are free of obstruction and are available for immediate use by passengers and crew members in the event of an evacuation; (r) the escape route from each of the exits referred to in paragraph (q) is free of obstruction and is available for immediate use by passengers and crew members in the event of an evacuation; (s) a person who is authorized by the private operator to suspend fuelling is on board the aircraft and is ready to direct the suspension of fuelling if a requirement of this subsection ceases to be met; (t) a means of evacuation is in place at the door used for the embarkation or disembarkation of passengers, is free of obstruction and is available for immediate use by passengers and crew members; (u) the person on board the aircraft who has received the training referred to in paragraph (a) is ready to initiate and oversee an evacuation and is at or near the door referred to in paragraph (v); and (v) the embarkation door is open, unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Sections 604.83-604.84 (i) a crew member determines that, for climatic reasons, it is desirable to close it, (ii) a crew member is on board the aircraft, and (iii) the door (A) opens inward or can be fully opened to the exterior without the need to reposition the loading stairs or stand, (B) is latched, if that is necessary in order to keep it closed, and (C) is not locked. (2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met. (3) For the purposes of subsection (1), fuelling safety zone means an area that extends three metres (10 feet) radially from the filling and venting points on the aircraft and from the fuelling equipment. SOR/2014-131, s. 18; SOR/2019-122, s. 13(F). Fuelling with Passengers on Board and an Engine Running 604.84 (1) Despite section 602.09, a person operating an aircraft operated by a private operator may permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board or are embarking or disembarking, if (a) the requirements set out in subsection 604.83(1) are met; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Sections 604.84-604.85 (b) the aircraft flight manual indicates that the engine that is running may be used as an auxiliary power unit; and (c) the engine that is running has a propeller brake and that brake is set. (2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met. SOR/2014-131, s. 18. Briefing of Passengers 604.85 (1) Despite section 602.89, no person shall conduct a take-off in an aircraft operated by a private operator unless passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information: (a) when and where carry-on baggage is to be stowed; (b) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses; (c) when seat backs are to be secured in the upright position and chair tables are to be stowed; (d) the location of emergency exits and, in the case of a passenger seated next to such an exit, how that exit operates; (e) the requirement to comply with the instructions given by crew members and with the “fasten safety belt” and “no smoking” signs, and the location of those signs; (f) the location and operation of the passenger oxygen system, if any, including (i) the actions to be performed by a passenger in order to (A) obtain a mask, (B) activate the flow of oxygen, and (C) don and secure the mask, and (ii) the recommendation that a passenger don and secure the passenger’s own mask before assisting another passenger with his or her mask; (g) the use of life preservers, including how to remove them from their packaging, how to don them and when to inflate them; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Section 604.85 (h) when and where smoking is prohibited; (i) the location of the emergency equipment required under sections 602.62, 602.63, 604.116 and 604.117, and how to access that equipment; (j) the portable electronic devices that may be used, and when they may be used; and (k) the location and purpose of the safety features card. (2) Despite subsection (1), a person may conduct a takeoff in an aircraft operated by a private operator without a safety briefing being given to the passengers if (a) the flight is the second or subsequent flight in a series of flights; (b) no additional passengers have embarked on board the aircraft; and (c) a crew member has verified that (i) carry-on baggage is stowed, (ii) safety belts and, if any, shoulder harnesses are properly adjusted and securely fastened, (iii) seat backs are secured in the upright position, and (iv) chair tables are stowed. (3) Despite subsection (1), a person may conduct a takeoff in an aircraft operated by a private operator without a safety briefing being given to the passengers if each passenger on board the aircraft has, within the 12 months preceding the date of the take-off, received the information referred to in subsection (1) and training in the performance of the following actions: (a) fastening, adjusting and releasing safety belts and, if any, shoulder harnesses; (b) operating each type of floor-level exit and window emergency exit; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Section 604.85 (c) identifying the location of the passenger oxygen system, if any, and performing the actions necessary in order to (i) obtain a mask, (ii) activate the flow of oxygen, and (iii) don and secure the mask; (d) identifying the location of life preservers, if any, removing them from their packaging, donning them and inflating them; and (e) identifying the location of the emergency equipment required by sections 602.62, 602.63, 604.116 and 604.117 and accessing that equipment. (4) A private operator shall record the name of every passenger who receives the training referred to in subsection (3) and the date on which the training is received. The private operator shall retain the record for two years after the day on which the most recent entry was made. (5) If 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 the passenger is responsible for another person on board the aircraft, the passenger shall, subject to subsection (6), be given a safety briefing that consists of (a) communication of the elements of the safety briefing referred to in subsection (1) that (i) the passenger is not able to receive either during that briefing or by referring to the safety features card, and (ii) are necessary for the safety of the persons on board the aircraft; (b) communication of (i) the most appropriate brace position for the passenger, given the passenger’s condition, injury or stature and the orientation and pitch of his or her seat, and (ii) where the passenger’s service animal, if any, is to be located; (c) in the case of a mobility-impaired passenger who would require assistance in order to move to an exit in the event of an emergency, communication of (i) the most appropriate exit for the passenger, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Section 604.85 (ii) the assistance that the passenger would require to reach that exit, (iii) the most appropriate means of providing that assistance, (iv) the most appropriate route to that exit, and (v) the most appropriate time to begin to move to that exit; (d) in the case of a visually impaired passenger, (i) a tactile familiarization with (A) the equipment that the passenger may be required to use in the event of an emergency, and (B) if requested, the exits, and (ii) communication of (A) where the passenger’s cane, if any, is to be stored, (B) the number of rows of seats separating the passenger’s seat from the closest exit and from the alternate exit, and (C) the features of those exits; (e) in the case of a passenger who is responsible for another person on board the aircraft, communication of (i) if the passenger is responsible for an infant, (A) the requirement to fasten the passenger’s safety belt and, if any, the passenger’s shoulder harness and not to secure the infant in that safety belt or shoulder harness, (B) how to hold the infant during take-off and landing, (C) how to use the child restraint system, if any, (D) how to place and secure the oxygen mask on the infant’s face, (E) the most appropriate brace position for the passenger, and (F) the location of the infant’s life preserver, how to remove it from its location and its packaging, how to assist the infant with donning it and when to inflate it, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Sections 604.85-604.86 (ii) if the passenger is responsible for a person, other than an infant, (A) how to assist that person with donning and securing his or her oxygen mask, and (B) how to use that person’s personal restraint system, if any, on board the aircraft; and (f) in the case of an unaccompanied minor, communication of the need to pay close attention to the safety briefing. (6) A passenger may decline the safety briefing referred to in subsection (5). (7) No person shall permit passengers to disembark from an aircraft operated by a private operator unless the passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information: (a) the safest route for passengers to take in order to move away from the aircraft; and (b) the hazards, if any, associated with the aircraft, including the location of Pitot tubes, propellers, rotors and engine intakes. SOR/2014-131, s. 18; SOR/2019-122, s. 14. Safety Features Card 604.86 (1) Subject to subsection (2), a private operator shall, before passengers on board an aircraft are given the safety briefing referred to in subsection 604.85(1), provide each passenger at his or her seat with a safety features card that shows the aircraft type and that contains safety information only in respect of the aircraft, including (a) in the case of an aircraft configured for 19 or fewer passenger seats, (i) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses, (ii) the passenger brace position (A) for each type of seat and passenger restraint system, and (B) for a passenger who is holding an infant, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Section 604.86 (iii) the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of the aircraft configuration, (iv) the location and operation of the passenger oxygen system, if any, including (A) a description of the masks and their use, (B) the actions to be performed by a passenger in order to (I) obtain a mask, (II) activate the flow of oxygen, and (III) don and secure the mask, and (C) the recommendation that a passenger don and secure the passenger’s own mask before assisting another passenger with his or her mask, (v) the location of life preservers, how they are to be removed from their packaging, how they are to be donned by adults, by children aged two years or older and by infants, and when they are to be inflated, (vi) when and where smoking is prohibited, and (vii) the location, removal and use of flotation devices and, if any, life rafts; and (b) in the case of an aircraft configured for more than 19 passenger seats, (i) the information set out in subparagraphs (a)(i) to (vii), (ii) when and where carry-on baggage is to be stowed, (iii) the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing, (iv) the form, function, colour and location of the floor proximity emergency escape path markings, if any, (v) the safest route for passengers to take in order to move away from the aircraft in the event of an emergency, and (vi) the attitude of the aircraft while floating, as determined by the aircraft manufacturer. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division V — Flight Operations — Passengers Sections 604.86-604.99 (2) If a flight attendant is not required on board an aircraft, the safety features card referred to in subsection (1) shall also contain the information on the location of the emergency equipment required under sections 604.116, 604.117 and 604.119 and how to access that equipment. SOR/2014-131, s. 18; SOR/2019-122, s. 15. [604.87 to 604.97 reserved] Division VI — Flight Time and Flight Duty Period [SOR/2018-269, s. 18] Flight Time Limits 604.98 (1) No private operator shall assign flight time to a flight crew member, and no flight crew member shall accept such an assignment, if the flight crew member’s total flight time in all flights conducted under this Subpart, Part IV or Part VII would, as a result, exceed (a) 1,200 hours in a period of 12 consecutive months; (b) 300 hours in a period of 90 consecutive days; (c) 120 hours in a period of 30 consecutive days; or (d) 8 hours in a period of 24 consecutive hours, if the assignment is for a single-pilot IFR flight. (2) If a flight crew’s flight duty period is extended under section 604.101, each flight crew member accumulates, for the purposes of subsection (1), the total flight time for the flight or the total flight time for the series of flights, as the case may be. SOR/2014-131, s. 18; SOR/2018-269, s. 18. Flight Duty Period Limits and Rest Periods [SOR/2018-269, s. 18] 604.99 (1) Subject to sections 604.100 to 604.102, no private operator shall assign flight duty period to a flight crew member, and no flight crew member shall accept such an assignment, if the flight crew member’s flight duty period would, as a result, exceed Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VI — Flight Time and Flight Duty Period Sections 604.99-604.100 (a) 14 consecutive hours in a period of 24 consecutive hours; or (b) 15 consecutive hours in a period of 24 consecutive hours, if (i) the flight crew member’s total flight duty period in the previous 30 consecutive days does not exceed 70 hours, or (ii) the rest period before the flight is at least 24 hours. (2) A private operator shall ensure that, prior to reporting for flight duty, a flight crew member is provided with the minimum rest period and with any additional rest period required by this Division. (3) A flight crew member shall use the following periods to be adequately rested prior to reporting for flight duty: (a) the minimum rest period provided under subsection (2); (b) any additional rest period required by this Division; and (c) any period with no assigned duties provided under section 604.104. SOR/2014-131, s. 18; SOR/2018-269, s. 18. Split Flight Duty Period [SOR/2018-269, s. 18] 604.100 Flight duty period may be extended by one half of the length of the rest period, to a maximum of four hours, if (a) before a flight crew member reports for the first flight or reports as a flight crew member on standby, as the case may be, the private operator provides the flight crew member with notice of the extension of the flight duty period; (b) the private operator provides the flight crew member with a rest period of at least four consecutive hours in suitable accommodation; and (c) the flight crew member’s next minimum rest period is increased by an amount of time at least equal to the length of the extension of the flight duty period. SOR/2014-131, s. 18; SOR/2018-269, ss. 8(F), 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VI — Flight Time and Flight Duty Period Sections 604.100-604.103 Extension of Flight Duty Period [SOR/2018-269, s. 18] 604.101 If a flight crew is augmented by at least one flight crew member, if there is a balanced distribution of flight deck duty time and rest periods among the flight crew members, and if the next minimum rest period is at least equal to the length of the preceding flight duty period, the flight crew’s flight duty period may be extended (a) to 17 hours with a maximum flight deck duty time of 12 hours, if a flight relief facility — seat is provided; and (b) to 20 hours with a maximum flight deck duty time of 14 hours, if a flight relief facility — bunk is provided. SOR/2014-131, s. 18; SOR/2018-269, s. 18. Unforeseen Operational Circumstances 604.102 (1) Flight duty period may be extended by up to three hours if (a) the pilot-in-command, after consultation with the other flight crew members, considers it safe to do so; (b) the flight duty period is extended as a result of an unforeseen operational circumstance that occurs after the beginning of the flight duty period; (c) the next minimum rest period is extended by an amount of time that is at least equal to the length of the extension of the flight duty period; and (d) the pilot-in-command notifies the private operator of the unforeseen operational circumstances and of the length of the extension of the flight duty period. (2) The private operator shall retain a copy of the notification for five years. SOR/2014-131, s. 18; SOR/2018-269, ss. 9, 18. Delayed Reporting Time 604.103 When a private operator delays a flight crew member’s reporting time by more than three hours, the flight crew member’s flight duty period is considered to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VI — Flight Time and Flight Duty Period Sections 604.103-604.106 start three hours after the original reporting time if the private operator notifies the flight crew member of the delay (a) within 12 hours before the original reporting time; and (b) at least one hour before the flight crew member leaves a rest facility. SOR/2014-131, s. 18; SOR/2018-269, s. 18. Time with no Assigned Duties 604.104 No private operator shall assign duties to a flight crew member, and no flight crew member shall accept those duties, unless the private operator provides the flight crew member with one of the following periods with no assigned duties: (a) at least 36 consecutive hours in a period of seven consecutive days; or (b) at least three consecutive calendar days in a period of 17 consecutive days. SOR/2014-131, s. 18. Rest Period — Flight Crew Member Positioning 604.105 If a flight crew member is required by a private operator to travel for the purpose of positioning after the completion of flight duty period, the private operator shall provide the flight crew member with an additional rest period that is at least equal to one half of the time spent for that purpose that is in excess of the flight duty period referred to in paragraphs 604.99(1)(a) and (b). SOR/2014-131, s. 18; SOR/2018-269, s. 18. Controlled Rest on the Flight Deck 604.106 (1) No private operator shall allow a flight crew member to take a controlled rest on the flight deck of an aircraft operated by the private operator unless (a) the private operator has a controlled-rest-on-theflight-deck program that includes the following elements: (i) guidelines on the use of controlled rest, including the factors allowing or preventing its use, (ii) the general principles relating to fatigue and fatigue countermeasures, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VI — Flight Time and Flight Duty Period Section 604.106 (iii) the procedures to be followed by participating crew members before, during and after a controlled rest; and (b) every participating crew member has received training relating to the elements of the controlledrest-on-the-flight-deck program. (2) The pilot-in-command of an aircraft operated by a private operator shall determine whether the flight conditions, the duration of the flight and the physiological condition of the crew members allow a controlled rest on the flight deck to be taken by a flight crew member. (3) The pilot-in-command of an aircraft operated by a private operator shall give participating crew members a briefing that includes the following elements: (a) the order in which the periods of controlled rest are to be taken by the flight crew members; (b) the planned duration of each period of controlled rest; (c) the circumstances under which a resting flight crew member is to be woken; (d) the procedures for the transfer of flight controls and duties; and (e) flight attendant duties in relation to a controlled rest. (4) The flight crew members on board an aircraft operated by a private operator shall (a) prior to each controlled rest on the flight deck, (i) participate in an operational briefing, (ii) carry out the transfer of duties, and (iii) inform the flight attendants of the controlled rest; and (b) remain on the flight deck during the controlled rest. (5) The flight crew member who supervises a controlled rest on the flight deck of an aircraft operated by a private operator shall, during the controlled rest, (a) perform the duties of the resting flight crew member; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VI — Flight Time and Flight Duty Period Sections 604.106-604.116 (b) ensure that the controlled rest is taken only during the cruise portion of the flight and is completed at least 30 minutes before top of descent; (c) ensure that the period of controlled rest is of no more than 45 minutes in duration; (d) ensure that the resting flight crew member is awake for at least 15 minutes before the resumption of duties, except in abnormal or emergency conditions; and (e) after the completion of the controlled rest, give an operational briefing to the flight crew member who has taken the controlled rest. (6) For the purposes of this section, participating crew member means the resting flight crew member and the flight crew member who supervises the controlled rest on the flight deck. SOR/2014-131, s. 18; SOR/2019-122, s. 16(F). [604.107 to 604.115 reserved] Division VII — Emergency Equipment Survival Equipment 604.116 (1) No person shall operate an aircraft operated by a private operator, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1). (2) No person shall operate an aircraft operated by a private operator on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains (a) a life raft repair kit; (b) a bailing bucket and a sponge; (c) a whistle; (d) a waterproof flashlight; (e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VII — Emergency Equipment Sections 604.116-604.117 life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; (f) a waterproof survival manual that contains information about how to use the survival equipment; (g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and (h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress. (3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain (a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and (b) motion sickness pills. SOR/2014-131, s. 18; SOR/2020-253, s. 5. First Aid Kits 604.117 (1) No person shall conduct a take-off in an aircraft operated by a private operator that is configured as follows unless, for the purposes of paragraph 602.60(1)(h), the corresponding number of first aid kits is carried on board and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations: (a) configured for 0 to 50 passenger seats, one kit; (b) configured for 51 to 150 passenger seats, two kits; (c) configured for 151 to 250 passenger seats, three kits; and (d) configured for 251 or more passenger seats, four kits. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VII — Emergency Equipment Sections 604.117-604.119 (2) No person shall conduct a take-off in an aircraft operated by a private operator unless (a) the first aid kits referred to in subsection (1) are distributed throughout the cabin and are readily available to crew members and passengers; (b) each first aid kit is clearly identified; and (c) if a first aid kit is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a first aid kit. SOR/2014-131, s. 18; SOR/2020-253, s. 6. Protective Breathing Equipment 604.118 (1) No person shall conduct a take-off in a pressurized aircraft operated by a private operator that has flight attendants on board unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available (a) at the entry into each Class A, B, E and F cargo compartment accessible to crew members during flight; (b) at the site of each hand-held fire extinguisher that is located in an isolated galley; (c) on the flight deck; and (d) at the site of each hand-held fire extinguisher that is required under section 604.119. (2) If the breathing gas in the protective breathing equipment referred to in subsection (1) is oxygen, each unit of that equipment reduces by 15 minutes the crew member oxygen requirements specified in subsection 605.31(2). SOR/2014-131, s. 18. Hand-held Fire Extinguishers 604.119 No person shall conduct a take-off in an aircraft operated by a private operator unless (a) hand-held fire extinguishers are available as follows: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VII — Emergency Equipment Sections 604.119-604.127 (i) extinguishers are distributed, in every passenger compartment configured as follows, in the numbers indicated: (A) in a passenger compartment configured for fewer than 20 passenger seats, one extinguisher, (B) in a passenger compartment configured for 20 to 60 passenger seats, two extinguishers, (C) in a passenger compartment configured for 61 to 200 passenger seats, three extinguishers, and (D) in a passenger compartment configured for 201 or more passenger seats, one additional extinguisher for each additional unit of 100 passenger seats, (ii) one extinguisher is located at the entrance to each Class E cargo compartment that is accessible to crew members during flight, and (iii) one extinguisher is located in each isolated galley; and (b) if a hand-held fire extinguisher is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a fire extinguisher. SOR/2014-131, s. 18. [604.120 to 604.125 reserved] Division VIII — Maintenance Maintenance Manager 604.126 The maintenance manager is responsible and accountable for the maintenance control system. SOR/2014-131, s. 18. Maintenance Control System 604.127 A private operator shall have, in respect of its aircraft, a maintenance control system that includes (a) in the case of a private operator who provides the parts and materials that will be used in the performance of maintenance or elementary work, procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V are used, including Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VIII — Maintenance Section 604.127 (i) the details of part pooling arrangements, if any, that have been entered into by the private operator, and (ii) procedures used for the inspection and storage of incoming parts and materials; (b) if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c), the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work; (c) procedures to ensure that the persons who perform maintenance, elementary work or servicing are authorized to do so under section 604.128; (d) procedures to ensure that an aircraft is not returned to service unless it is (i) airworthy, and (ii) equipped, configured and maintained for its intended use; (e) a description of the defect reporting and control procedures required by section 604.129; (f) the aircraft service information review procedures required by section 604.131; (g) procedures to ensure that the records referred to in section 604.132 are established and retained in accordance with that section; (h) procedures to ensure that the tasks required by a maintenance schedule or by an airworthiness directive are completed in accordance with Subpart 5 of Part VI; (i) procedures to ensure that the particulars relating to aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI; (j) a general description of the maintenance schedule required under paragraph 605.86(1)(a) and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2); and (k) details of the methods used to record the maintenance, elementary work or servicing performed and to ensure that any defects are recorded in the technical Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VIII — Maintenance Sections 604.127-604.129 records that are required to be kept under subsection 605.92(1). SOR/2014-131, s. 18; SOR/2019-122, s. 17. Maintenance, Elementary Work and Servicing 604.128 (1) No private operator shall authorize a person to perform maintenance or elementary work on any of its aircraft unless (a) the person (i) has received the training referred to in subsection 604.182(1), and (ii) in the case of elementary work, has performed that work at least once under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or (b) the person is authorized to do so under a written agreement that (i) describes the maintenance or elementary work to be performed, including the specific tasks and activities and the conditions under which they are to be performed, and (ii) provides that the private operator is responsible for ensuring that the maintenance or elementary work is performed. (2) If a member of the private operator’s personnel performs servicing on any of the private operator’s aircraft, the private operator shall ensure that the member meets the training requirements set out in subsection 604.182(2). (3) A private operator shall retain a copy of the written agreement referred to in paragraph (1)(b) for two years after the day on which the agreement comes into force. SOR/2014-131, s. 18. Defect Reporting and Control Procedures 604.129 A private operator shall have procedures to ensure that (a) aircraft defects are recorded in accordance with subsection 605.94(1); Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VIII — Maintenance Sections 604.129-604.132 (b) aircraft defects are rectified in accordance with the requirements of Subpart 5 of Part VI; (c) an aircraft defect that occurs three times within 15 flights is identified and is reported as a recurring defect to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification; and (d) an aircraft defect, the rectification of which has been deferred, is scheduled for rectification. SOR/2014-131, s. 18. Service Difficulty Reporting 604.130 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any service difficulty related to the aircraft that it operates under this Subpart. SOR/2014-131, s. 18. Aircraft Service Information Review 604.131 A private operator shall have procedures to ensure that (a) it is aware of the aircraft service information that the holder of a design approval document produces in respect of the aeronautical products used by the private operator; (b) the aircraft service information is assessed, and the results of the assessment are signed and dated by the maintenance manager and retained for six years; and (c) the maintenance schedule or any other procedure is, if necessary, amended in response to the assessment. SOR/2014-131, s. 18. Personnel Records 604.132 (1) A private operator shall have for its personnel a record that includes the following information: (a) the name of any person authorized under section 571.11 to sign a maintenance release under section 571.10; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division VIII — Maintenance Sections 604.132-604.139 (b) the name of any person who has performed elementary work in accordance with subparagraph 604.128(1)(a)(ii). (2) The private operator shall retain the record for two years after the day on which it was last updated. SOR/2014-131, s. 18. [604.133 to 604.138 reserved] Division IX — Personnel Requirements Validity Periods 604.139 (1) Subject to subsections (2) and (3), for the purposes of this Division and Division IV, the validity period of any training, any competency check or any pilot proficiency check expires on (a) in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176, the first day of the thirtyseventh month after the month in which the training was completed; (b) in the case of all other training, the first day of the thirteenth month after the month in which the training was completed; and (c) in the case of a competency check or pilot proficiency check, the first day of the twenty-fifth month after the month in which the competency check or pilot proficiency check was successfully completed. (2) If any training, competency check or pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by (a) 36 months, in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176; (b) 12 months, in the case of all other training; and (c) 24 months, in the case of a competency check or pilot proficiency check. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.139-604.140 (3) The Minister shall extend the validity period of any training, competency check or pilot proficiency check for a period of not more than 60 days beginning on the day after the day on which the validity period expires, if (a) the application for extension is made during the validity period; and (b) the applicant demonstrates that there has been no reasonable opportunity to renew the training, competency check or pilot proficiency check within the 90 days before the day on which the training, competency check or pilot proficiency check would otherwise expire. SOR/2014-131, s. 18. Equivalencies 604.140 (1) A person who will act as a crew member for a private operator, and who has received crew member training under the ground and flight training program of an air operator or under the training program of another private operator, may use that training to meet an equivalent training requirement set out in this Subpart if (a) the training received by the person is in respect of the aircraft type that the person will operate and the private operator’s area of operation; (b) the validity period, if any, of that training has not expired; and (c) the private operator provides the person with training in (i) the processes, practices and procedures set out in the private operator’s operations manual, and (ii) the private operator’s emergency procedures for the aircraft in respect of which the person will be assigned duties. (2) A person who will act as a flight crew member for a private operator, and who has successfully completed a pilot proficiency check with an air operator or a competency check with another private operator, meets the requirements of paragraph 604.143(1)(e) if (a) the pilot proficiency check or competency check was conducted using an aircraft of the same type that the person will operate; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.140-604.141 (b) the validity period of the pilot proficiency check or competency check has not expired; and (c) the private operator provides the person with training in respect of (i) the processes, practices and procedures set out in the private operator’s operations manual, (ii) any differences between the equipment that is installed on the aircraft operated by the private operator and the equipment that is installed on the aircraft operated by the air operator or the other private operator, and (iii) any differences between the private operator’s operational procedures and those of the air operator or the other private operator. SOR/2014-131, s. 18. Operations Manager Qualifications and Responsibilities 604.141 (1) No private operator shall permit a person to act — and no person shall act — as the operations manager unless (a) the person (i) holds, or has held, the licence and ratings required by Part IV to act as a pilot-in-command on an aircraft operated by the private operator, or (ii) has acquired at least three years of supervisory experience with a private operator or air operator whose operations and activities are of a size, nature and complexity that correspond to the size, nature and complexity of the operations and activities of the private operator; and (b) the person has demonstrated to the private operator knowledge of (i) the content of the private operator’s operations manual, and (ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.141-604.142 (2) The operations manager is responsible for the operational control of the private operator’s operations and shall (a) coordinate the activities that affect operational control, including activities relating to (i) maintenance, (ii) crew members’ schedules, (iii) load control, and (iv) aircraft operation schedules; (b) implement the private operator’s policies and procedures to ensure that the private operator’s operations meet the requirements of this Subpart; (c) if the operations manager receives aeronautical information that indicates a risk to the safety of a flight, ensure that corrective actions are taken to manage or mitigate the risk; (d) ensure the dissemination of aircraft safety information to the private operator’s personnel; and (e) implement the emergency response procedures referred to in paragraph 604.203(1)(e). SOR/2014-131, s. 18; SOR/2019-122, s. 18(F). Chief Pilot Qualifications, Training and Responsibilities 604.142 (1) No private operator shall permit a person to act — and no person shall act — as a chief pilot unless (a) the person meets the requirements of paragraphs 604.143(1)(a), (b), (d) and (e) for acting as pilot-incommand on an aircraft operated by the private operator; and (b) the person has demonstrated to the private operator knowledge of (i) the content of the private operator’s operations manual, and (ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.142-604.143 (2) The chief pilot is responsible for the flight crew members involved in the private operator’s operations and shall (a) develop standard operating procedures in respect of aircraft operated by the private operator; (b) verify whether the aerodromes and routes for aircraft used by the private operator are suitable for aircraft operated by the private operator; (c) ensure that the operational requirements of the aerodromes and routes used by the private operator are met; and (d) process any flight crew member reports and take any necessary follow-up action. SOR/2014-131, s. 18. Flight Crew Member Qualifications and Training 604.143 (1) No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless (a) the person holds the licence, ratings and medical certificate required by Part IV; (b) in the case of a pilot-in-command, (i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and sections 604.177 and 604.178, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and (ii) the validity period of the training has not expired; (c) in the case of a second-in-command, (i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and section 604.177, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and (ii) the validity period of the training has not expired; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Section 604.143 (d) the person has received, in respect of the aircraft type that the person will operate, training in the performance of the emergency procedures referred to in subsection 604.169(2) or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired; (e) the person has successfully completed, in respect of the aircraft type that the person will operate, a competency check that meets the requirements of this section or a competency check or pilot proficiency check that meets the requirements of subsection 604.140(2), and the validity period of the competency check or pilot proficiency check has not expired; and (f) if the person is required to operate an aircraft above 13,000 feet ASL, the person has received the training set out in section 604.176 or equivalent training that meets the requirements of subsection 604.140(1). (2) A person who undergoes a competency check referred to in paragraph (1)(e) (a) shall have completed, within 30 days before the day on which the competency check is conducted, the training set out in subsection 604.170(1) or equivalent training that meets the requirements of subsection 604.140(1); (b) shall have been recommended for the competency check by an instructor who provided the person with the training or equivalent training referred to in paragraph (a); and (c) shall meet the following requirements: (i) the person holds the licence required by Part IV in respect of the aircraft that will be used for the competency check, (ii) the person holds a type rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in paragraph 421.40(3)(a) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted, and (iii) the person holds an instrument rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in subsection Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Section 604.143 421.46(2) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted. (3) The competency check referred to in paragraph (1)(e) (a) shall be based on the processes, practices and procedures set out in the private operator’s operations manual; (b) shall consist of the exercises set out in chapters 2 or 3, as the case may be, of the standard entitled Flight Test Guide — Competency Check (Private Operators), published by the Minister; (c) shall assess the exercises referred to in paragraph (b) in accordance with the marking scale set out in section 1.3 of that standard; (d) shall assess the competency as satisfactory or unsatisfactory in accordance with sections 1.4 and 1.5 of that standard; and (e) shall be subject to the retest procedures referred to in section 1.6 of that standard. (4) Subject to subsection (5), the competency check referred to in paragraph (1)(e) shall be conducted by a person who (a) holds the licence and ratings required by Part IV to act as pilot-in-command of the aircraft used for the competency check; (b) holds an instrument rating required by Part IV in respect of the aircraft used for the competency check; (c) meets one of the following requirements: (i) is a pilot examiner authorized by the Minister to conduct instrument rating flight tests under Part IV, (ii) is an approved check pilot authorized by the Minister to conduct a pilot proficiency check under Part VII in respect of the aircraft type used for the competency check, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Section 604.143 (iii) holds an authorization issued by the competent authority of a contracting state to conduct flight tests that are equivalent to competency checks, in which case the person shall have demonstrated to the private operator knowledge of the standard referred to in paragraph (3)(b); and (d) is not the instructor who made the recommendation referred to in paragraph 2(b) in respect of the person undergoing the competency check. (5) The competency check referred to in paragraph (1)(e) may be conducted by a person who is not referred to in paragraph 4(c) if the person (a) has been assigned to conduct the competency check by the private operator; (b) meets the requirements set out in paragraphs (4)(a) and (b); (c) does not have a record of conviction for (i) an offence under section 7.3 of the Act, or (ii) two or more offences under these Regulations not arising from a single occurrence; (d) is at least 21 years old; (e) has at least 3,000 hours of flight time in an aircraft of the same category as the aircraft that will be used for the competency check, including (i) at least 2,000 hours as pilot-in-command, (ii) at least 500 hours in a multi-engined aircraft, and (iii) at least 500 hours of instrument time, including at least 100 hours as pilot-in-command; and (f) has successfully completed, within 24 months before the day on which the person conducts the competency check, training provided by a pilot examiner or by an approved check pilot that includes the following elements: (i) the responsibilities of a person conducting a competency check, (ii) evaluation principles, (iii) the conduct of a competency check, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.143-604.144 (iv) the content of the standard referred to in paragraph (3)(b), and (v) the record-keeping requirements set out in section 604.149. SOR/2014-131, s. 18. Instructor Qualifications and Training 604.144 (1) No private operator shall permit a person to act — and no person shall act — as a flight instructor or a flight simulator instructor unless (a) in the case of a flight instructor, the person holds, in respect of the aircraft type used for the training, the licence and ratings required by Part IV or, in the case of a flight instructor licensed by a contracting state, a licence and ratings equivalent to those required by Part IV; (b) in the case of a flight simulator instructor, the person holds, or has held, in respect of the aircraft type used for the training, the licence and ratings required by Part IV or, in the case of an flight simulator instructor licensed by a contracting state, a licence and ratings equivalent to those required by Part IV; (c) if the private operator is authorized under a special authorization to operate an aircraft in IFR flight, the person holds a valid instrument rating in respect of the aircraft type used for the training; (d) the person has received, in respect of the aircraft type used for the training, training that includes the elements set out in subsection 604.170(1), and the validity period of the training has not expired; and (e) the person has demonstrated to the private operator knowledge of (i) the content of the private operator’s operations manual, and (ii) the provisions of this Subpart that relate to the training of flight crew members. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.144-604.146 (2) No private operator shall permit a person to act — and no person shall act — as a ground instructor unless the person has received, before the day on which the person begins to act as ground instructor, training that includes the following elements: (a) the teaching and learning processes; (b) instructional techniques; and (c) the student-instructor relationship. SOR/2014-131, s. 18. Flight Attendant Training 604.145 No private operator shall permit a person to act — and no person shall act — as a flight attendant unless (a) the person has received the training set out in section 604.179 or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired; and (b) the person has demonstrated to the private operator knowledge of (i) the provisions of these Regulations and of standards that affect the responsibilities of a flight attendant, (ii) aeronautical terminology, (iii) the physiological effects of flight, and (iv) the theory of flight. SOR/2014-131, s. 18. Flight Dispatcher and Flight Follower Training 604.146 (1) No private operator shall permit a person to act — and no person shall act — as a flight dispatcher unless the person (a) holds a flight dispatcher certificate; and (b) has received the training set out in subsection 604.180(1) and the validity period of the training has not expired. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.146-604.149 (2) No private operator shall permit a person to act — and no person shall act — as a flight follower unless the person has received the training set out in subsection 604.180(2) and the validity period of the training has not expired. SOR/2014-131, s. 18. Ground and Airborne Icing Operations Training 604.147 No private operator shall permit a person to perform — and no person shall perform — duties relating to ground and airborne icing operations unless the person has received the training set out in section 604.181 and the validity period of the training has not expired. SOR/2014-131, s. 18. Safety Management System Training 604.148 A private operator shall ensure that the operations manager, the maintenance manager and all other personnel receive the training set out in section 604.183. SOR/2014-131, s. 18. Training and Qualifications Records 604.149 (1) A private operator shall have for its personnel a training and qualifications record that includes the following information: (a) each person’s name; (b) the dates on which the person received training and the name of the instructor who provided the training; (c) in the case of the operations manager, information on how the operations manager has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.141(1)(b) and the date of that demonstration; (d) in the case of the chief pilot, information on how the chief pilot has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.142(1)(b) and the date of that demonstration; (e) in the case of a flight instructor, information on how the flight instructor has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.144(1)(e) and the date of that demonstration; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Section 604.149 (f) in the case of a flight crew member, (i) the flight crew member licence number, the category and expiry date of the flight crew member’s medical certificate, a list of the flight crew member’s ratings and, if applicable, the expiry date of those ratings, (ii) in respect of the training referred to in subsection 604.170(1) and sections 604.177 and 604.178, information indicating whether the training was completed using an aircraft or a flight simulation training device, and (iii) in respect of the competency check referred to in paragraph 604.143(1)(e), (A) the name of the person who conducted the competency check and the date on which it was conducted, (B) the name of the instructor who made the recommendation referred to in paragraph 604.143(2)(b) and the date on which it was made, (C) the date of each attempt by the flight crew member to complete a competency check and the result of each attempt, (D) information indicating whether the competency check was conducted using an aircraft or a flight simulation training device, and (E) in the case of a competency check conducted by the person referred to in subparagraph 604.143(4)(c)(iii), information indicating how the person has demonstrated to the private operator knowledge of the standard referred to in that subparagraph and the date of that demonstration, (iv) in respect of a pilot proficiency check conducted under Part VII, the name of the air operator for which the check was conducted and the date on which the check was conducted, and (v) the dates on which the flight crew member demonstrated the ability to operate an aircraft in accordance with paragraphs 604.50(c), 604.51(f), 604.60(f) and 604.74(2)(c); and (g) in the case of an aircraft maintenance engineer (AME), the aircraft maintenance engineer licence number. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division IX — Personnel Requirements Sections 604.149-604.167 (2) If the training referred to in Divisions IV or X includes a written examination, the private operator shall retain a master copy of each examination. (3) The private operator shall (a) retain the records referred to in subsections (1) and (2) for two years after the day on which the records were last updated; and (b) retain the written examination referred to in subsection (2) for two years after the day on which the examination was given. SOR/2014-131, s. 18; SOR/2019-119, s. 37(E). [604.150 to 604.165 reserved] Division X — Training Program Training Program 604.166 (1) Subject to subsection (2), a private operator shall have a training program that covers the subject matter set out in Division IV and in this Division, and the competency check referred to in paragraph 604.143(1)(e), and that takes into account (a) the aircraft types operated by the private operator; and (b) the private operator’s area of operation. (2) A private operator who is also an air operator shall have a training program that covers the subject matter set out in this Division and that takes into account (a) the aircraft types operated by the private operator that are not specified in the air operator certificate; and (b) the differences, if any, between the areas in which operations are conducted. SOR/2014-131, s. 18. Acquiring and Maintaining Competency 604.167 A private operator shall design its training program so that a person who receives training required under this Subpart (a) will, if the person is receiving the training for the first time, acquire the competency necessary to perform his or her duties; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.167-604.169 (b) will, if the person is receiving subsequent training, maintain the competency referred to in paragraph (a) and acquire any new competency necessary to perform his or her duties. SOR/2014-131, s. 18. Training Program Content and Training Facilities 604.168 A private operator shall ensure that any training provided to meet the requirements of this Subpart is (a) based on the content of the private operator’s training program; and (b) provided in facilities that are equipped with the appropriate furnishings, audiovisual equipment and training aids. SOR/2014-131, s. 18. Flight Crew Members — Ground Instruction 604.169 (1) The ground instruction component of the training program for flight crew members shall include the following elements: (a) the content of the private operator’s operations manual; (b) the aircraft systems operation and limitations specified in the aircraft flight manual and, if the private operator has established an aircraft operating manual and standard operating procedures, those specified in that manual and in those procedures; (c) the operation of the aircraft equipment; (d) the differences, if any, between the equipment, operation and layout of aircraft of the same type; (e) the standard operating procedures, if any were established by the private operator; (f) the aircraft performance and limitations; (g) weight and balance control procedures; (h) aircraft servicing and ground handling; (i) the location and operation of emergency equipment; (j) the actions to be taken in the event of aircraft fire on the ground or in the air; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Section 604.169 (k) the actions to be taken in the event of a securityrelated event; (l) procedures to avoid Controlled Flight into Terrain (CFIT); (m) if the flight crew members will be assigned to medical evacuation flights (MEDEVAC), emergency procedures specific to medical evacuations, including the evacuation of patients from aircraft; and (n) the private operator’s operational control system. (2) The ground instruction component of the training program for flight crew members shall include training in the performance of the following emergency procedures: (a) the use of fire extinguishers; (b) the operation and use of emergency exits; (c) passenger preparation for an emergency landing or ditching; (d) emergency evacuation procedures; (e) if the flight crew members will be assigned to aircraft equipped with life preservers, the donning and inflation of life preservers; (f) if the flight crew members will be assigned to aircraft equipped with life rafts, the removal of life rafts from the stowage compartment, and the deployment, inflation and boarding of life rafts; and (g) procedures for dealing with pilot incapacitation. (3) If a private operator operates a turbo-jet-powered aeroplane, the ground instruction component of the training program for flight crew members who will operate that aeroplane shall include the following elements: (a) the low-energy landing regime for that type of aeroplane; (b) the performance and handling characteristics of the aeroplane and engine in the low-energy regime; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.169-604.170 (c) balked landing procedures for the aeroplane. SOR/2014-131, s. 18. Flight Crew Members — Aircraft Operation Training 604.170 (1) The aircraft operation component of the training program for flight crew members shall include procedures for the normal, abnormal and emergency operation of an aircraft and its systems and components, including the following elements: (a) aircraft performance during take-off, climb, cruise, holding, descent, landing and diversion; (b) calculations of the aircraft’s take-off and landing distances and speeds, and the aircraft’s fuel consumption, weight and centre of gravity; (c) the flight characteristics of the aircraft, including any abnormal characteristics that are applicable to the aircraft, such as dutch roll, buffet boundary onset and aircraft upset; (d) the effects of airframe and engine icing and the use of de-icing and anti-icing equipment; (e) flight planning and instrument flight procedures, including (i) departure, enroute, holding, arrival and diversion procedures, (ii) precision, non-precision and missed approaches in minimum visibility conditions, with the flight director in automatic mode and in degraded states of operation, and (iii) circling approaches, if applicable; (f) pre-flight checks of the interior and exterior of the aircraft; (g) the use of aircraft checklists; (h) aircraft manoeuvres on the ground; (i) normal, crosswind, noise abatement and maximum performance take-offs and landings; (j) take-offs and landings on contaminated runways; (k) rejected take-offs and landings; (l) steep turns; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Section 604.170 (m) approach to a stall and recovery from a stall; (n) the operation of the Flight Management Computer System (FMCS), Ground Proximity Warning System (GPWS), Terrain Awareness and Warning System (TAWS), Traffic Alert and Collision Avoidance System (TCAS), Airborne Collision Avoidance System (ACAS) and any other specialized equipment installed in the private operator’s aircraft; (o) the execution in VMC of one collision avoidance manoeuvre in response to a GPWS or a TAWS warning, if the aircraft is equipped with a GPWS or a TAWS; (p) the operation of navigation and communication equipment; (q) the actions to be taken in the event of hydraulic, electrical and other system failures; (r) the actions to be taken in the event of flight control failures and, in the case of an aircraft with split control capability, briefings on degraded states of operation while in flight and during take-off and landing; (s) the actions to be taken in the event of aircraft fire on the ground or in the air; (t) the actions to be taken in the event of engine fire and engine failure while in flight; (u) the recognition of and recovery from turbulence and windshear during an approach, landing and takeoff; (v) the actions to be taken in the event of an emergency evacuation of passengers and crew; (w) the actions to be taken in the event of pilot incapacitation while in flight and during take-off and landing; (x) crew resource management; (y) if the private operator provides the training using a flight simulator, the performance of one balked landing initiated in the low-energy regime using the same simulator; (z) in the case of a pressurized aircraft, the actions to be taken in the event of loss of pressurization and emergency descent; (z.1) in the case of a three-engine or four-engine aircraft, take-off, landing and flight with the critical engine inoperative or with two other engines inoperative, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.170-604.171 including driftdown and engine-inoperative performance capabilities; and (z.2) in the case of a helicopter, (i) hovering manoeuvres, slope landings and confined areas, (ii) autorotations, (iii) transmission and main gear box faults and failures, and (iv) tail rotor, tail rotor drive and tail rotor gear box faults and failures. (2) When the training referred to in subsection (1) is provided on board an aircraft in flight, the private operator shall have procedures to ensure that situations are simulated or presented, and actions are simulated or performed, so as to not adversely affect the safety of the aircraft, its occupants or any other person. SOR/2014-131, s. 18. Flight Crew Members — Level B, C or D Flight Simulator 604.171 Subject to sections 604.172 to 604.174, a private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member either on board an aircraft or using a level B, C or D flight simulator. However, if the private operator provides the training using a level B flight simulator, the private operator shall provide training in respect of the following activities on board an aircraft: (a) pre-flight checks of the interior and exterior of the aircraft; (b) aircraft manoeuvres on the ground; (c) normal take-offs and landings; (d) crosswind take-offs and landings; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.171-604.172 (e) a visual circuit, if the flight is conducted in VMC; (f) approaches and landings with an engine simulated inoperative; (g) simulated engine failure procedures during a takeoff and a missed approach; (h) approaches and landings without electronic glide slope indication; (i) a circling approach, if applicable; and (j) any other approach for which a level B flight simulator lacks the capability. SOR/2014-131, s. 18. Flight Crew Members — Level C or D Flight Simulator 604.172 A private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using only a level C or D flight simulator if (a) the flight crew member has acquired flight time on an aircraft certificated in the same category, and with engines using the same principle of propulsion, as the aircraft on which the flight crew member is to be trained; and (b) the private operator provides to the flight crew member, using the same flight simulator, training in respect of the following activities under variable visual meteorological conditions of dusk and night, or day and night: (i) aircraft manoeuvres on the ground, (ii) normal take-offs and landings and crosswind take-offs and landings, up to 100% of the crosswind component specified by the aircraft manufacturer, (iii) encounters with moderate to severe in-flight icing conditions, (iv) simulated line flights that include at least one sector in which the flight crew member acts as pilot flying and at least one sector in which the flight crew member acts as pilot not flying or pilot monitoring, (v) visual circuits and landings with variable wind, runway illusion and runway surface conditions, (vi) approaches and landings with an engine simulated inoperative, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.172-604.175 (vii) approaches and landings without electronic glide slope indication, (viii) approaches and landings with flight control failures and abnormalities, if applicable, and (ix) engine failure procedures during a take-off and a missed approach. SOR/2014-131, s. 18. Flight Crew Members — Level D Flight Simulator 604.173 A private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using only a level D flight simulator if (a) the flight crew member has at least 1,000 hours of flight time as a flight crew member; (b) in the case of training provided on an aircraft that requires a minimum flight crew of two pilots, the flight crew member holds an individual type rating for an aircraft that requires a minimum flight crew of two pilots; and (c) the private operator provides the training referred to in paragraph 604.172(b) to the flight crew member using that simulator. SOR/2014-131, s. 18. Flight Crew Members — Turbo-jet-powered Aeroplane or Transport Category Aircraft — Level C or D Flight Simulator 604.174 A private operator who operates a turbo-jetpowered aeroplane or transport category aircraft shall provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using a level C or D flight simulator if a level C or D flight simulator is used for that aircraft type in Canada, the United States or Mexico. SOR/2014-131, s. 18. Flight Crew Members — Compatibility of Flight Simulators 604.175 A flight simulator that differs from the private operator’s aircraft with respect to installed equipment, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.175-604.176 systems, cockpit configuration, engine type or performance may be used for the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 if (a) the flight simulator has performance and handling characteristics equivalent to those of the private operator’s aircraft; and (b) the private operator’s training program takes into account the differences between the flight simulator and the aircraft. SOR/2014-131, s. 18. Flight Crew Members — High Altitude Indoctrination Training 604.176 The component of the training program for flight crew members who will operate an aircraft above 13,000 feet ASL shall include the following elements: (a) physiological phenomena in a low pressure environment, including (i) the effects on respiration, (ii) the symptoms and effects of hypoxia, (iii) the duration of consciousness at various altitudes without supplemental oxygen, and (iv) the effects of gas expansion and gas bubble formation; and (b) the factors associated with rapid or explosive loss of pressurization, including (i) the most likely causes of the loss of pressurization, (ii) the increased level of noise, the change in cabin temperature and cabin fogging, (iii) the effects on objects located near a point of fuselage failure, and (iv) the actions to be taken by flight crew members immediately after the loss of pressurization and the aircraft attitude likely to result from those actions. SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.177-604.179 Flight Crew Members — One-engine Inoperative Ferry Flights 604.177 The component of the training program for flight crew members who will operate an aircraft during a one-engine inoperative ferry flight under a flight permit issued under section 507.04 shall include training in the operational procedures and limits specified in the aircraft flight manual. SOR/2014-131, s. 18. Flight Crew Members — Upgrade to Pilot-in-Command 604.178 The component of the training program for flight crew members who have served as second-in-command and who are to be upgraded to pilot-in-command shall include the following elements: (a) the elements of the training referred to in subsection 604.170(1) that are related to the duties of a pilotin-command; (b) training on the responsibilities of a pilot-in-command in relation to the use and operation of an aircraft; (c) in the case of a flight crew member who will conduct an operation under a special authorization, the training required to conduct that operation as pilot-incommand; and (d) crew resource management. SOR/2014-131, s. 18. Flight Attendants 604.179 The component of the training program for flight attendants shall include the following elements: (a) the roles and responsibilities of the private operator and crew members; (b) the coordination of crew member duties and crew resource management; (c) aircraft communications systems and communication procedures in normal, abnormal and emergency conditions; (d) the content of the briefings given to passengers and crew members; (e) cabin and passenger safety checks; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Section 604.179 (f) aircraft surface contamination procedures; (g) procedures relating to passengers requiring special treatment; (h) requirements and procedures relating to seats and restraint systems for passengers and crew members; (i) procedures for accepting and stowing carry-on baggage, and any applicable restrictions; (j) policies and procedures relating to the use of portable electronic devices; (k) procedures for fuelling with passengers on board; (l) procedures relating to passenger service when the aircraft is on the ground; (m) safety procedures relating to take-offs, landings and aircraft movements on the surface; (n) safety procedures relating to the embarkation and disembarkation of passengers and their movement on the apron; (o) procedures relating to passenger and crew member safety during periods of in-flight turbulence; (p) procedures for entering the flight deck and for serving beverages and meals to flight crew members; (q) procedures for dealing with the incapacitation of a crew member; (r) the location and operation of, and any safety instructions relating to, the various types of cabin exits and the flight deck escape routes; (s) the operation of cabin systems and of safety and emergency equipment by flight attendants in normal and abnormal conditions; (t) the actions to be taken with respect to the equipment identified on the minimum equipment list and intended for use by flight attendants; (u) the actions to be taken in the event of fumes or smoke in the cabin and to prevent fumes or smoke in the vicinity of the aircraft from entering the cabin; (v) fire detection, fire-fighting systems and fire-fighting procedures; (w) procedures in the event of loss of cabin pressurization; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Section 604.179 (x) how to identify the need for administering supplemental oxygen, and procedures for administering the oxygen; (y) procedures for the evacuation of passengers and crew members; and (z) training that includes the performance of the following emergency procedures: (i) the use of the public address and interphone systems, (ii) the briefing of passengers, (iii) the operation and use of the emergency exits on each type of aircraft to which the flight attendant will be assigned, (iv) emergency evacuation procedures, (v) if the flight attendants will be assigned to an aircraft equipped with life preservers, the donning and inflation of life preservers, (vi) if the flight attendants will be assigned to an aircraft equipped with an evacuation slide, the identification of the location of the manual inflation handle and the disconnect handle, and an evacuation using the slide, (vii) if the flight attendants will be assigned to an aircraft equipped with either first aid oxygen equipment or portable oxygen equipment, the operation and use of that equipment, (viii) if the flight attendants will be assigned to an aircraft equipped with life rafts, the removal of life rafts from the stowage compartment and the deployment, inflation and boarding of life rafts, and (ix) fire fighting, including the use of a fire extinguisher on an actual fire. SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Section 604.180 Flight Dispatchers and Flight Followers 604.180 (1) The component of the training program for flight dispatchers shall include the following elements: (a) the content of the private operator’s operations manual; (b) the provisions of these Regulations, and of related standards, that affect the responsibilities of a flight dispatcher; (c) flight planning and the private operator’s standard operating procedures; (d) radiocommunication procedures; (e) aircraft fuelling procedures; (f) aircraft surface contamination procedures; (g) the use of minimum equipment lists; (h) meteorological conditions, including windshear and aircraft icing, in the private operator’s area of operation; (i) the private operator’s navigation and instrument approach procedures; (j) accident and incident reporting; (k) emergency procedures; (l) weight and balance control procedures; (m) pre-flight crew member briefings; (n) the differences between pilot self-dispatch procedures and co-authority dispatch procedures; (o) the provision of meteorological information to the flight crew without analysis or interpretation; (p) foreign regulations, if applicable; (q) aeronautical information publications applicable to the private operator’s area of operation; (r) meteorological conditions and their effect on the flight and operation of an aircraft; (s) the interpretation of meteorological information; (t) the performance and limitations of the private operator’s aircraft; (u) air traffic control procedures; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.180-604.181 (v) flight dispatch procedures. (2) The component of the training program for flight followers shall include the elements referred to in paragraphs (1)(a) to (q). SOR/2014-131, s. 18. Ground and Airborne Icing Operations 604.181 The component of the training program for flight crew members and ground personnel that relates to ground and airborne icing operations shall include the following elements: (a) the responsibilities of the pilot-in-command and other operations personnel in respect of aircraft de-icing and anti-icing procedures; (b) the provisions of these Regulations, and of related standards, that relate to ground and airborne icing operations; (c) the meteorological conditions that are conducive to ice, frost and snow contamination; (d) procedures relating to pre-flight inspections and to the removal of contamination; (e) the hazards associated with the contamination of critical surfaces by ice, frost and snow; (f) airborne icing recognition; and (g) in the case of training provided to flight crew members, (i) the basis of the certification of the aircraft for flight into known icing conditions, (ii) airborne icing definitions and terminology, (iii) the aerodynamic effects of airborne icing, (iv) the weather patterns associated with airborne icing, including both classical and non-classical mechanisms that produce freezing precipitation, (v) flight planning and airborne icing information, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.181-604.183 (vi) information specific to the private operator’s aircraft fleet that relates to the operation of de-icing and anti-icing equipment, and operational procedures relating to that equipment, and (vii) the private operator’s directives concerning operations in airborne icing conditions set out in the private operator’s operations manual and, if established by the private operator, in the private operator’s standard operating procedures. SOR/2014-131, s. 18. Maintenance, Elementary Work and Servicing 604.182 (1) The component of the training program for persons who performs maintenance or elementary work shall include the following elements: (a) the performance rules set out in section 571.02, and the recording requirements set out in section 571.03 and subsection 605.92(1); and (b) the private operator’s maintenance control system. (2) The component of the training program for persons who perform servicing shall include the following elements: (a) the procedures that are set out in instructions for continued airworthiness provided by the holder of the design approval document, and that are applicable to the types of aircraft operated by the private operator; and (b) details of the methods used by the private operator to record servicing under paragraph 604.127(k). SOR/2014-131, s. 18. Safety Management System 604.183 The component of the training program in respect of the private operator’s safety management system shall include the following elements: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division X — Training Program Sections 604.183-604.197 (a) training in the concepts and principles of safety management systems; (b) training in the organization and operation of the private operator’s safety management system; (c) competency-based training for persons who have been assigned duties in respect of the safety management system; (d) appropriate objectives for each person; and (e) means of measuring the level of competency attained by each person who receives the training. SOR/2014-131, s. 18. Amendments to Training Program 604.184 (1) If the Minister determines that a private operator’s training program required under section 604.166 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the private operator of (a) the corrective actions that the private operator is required to implement to its training program; and (b) the date by which the private operator is required to implement the corrective actions to its training program. (2) The private operator referred to in subsection (1) shall implement the corrective actions on or before the date specified by the Minister under paragraph (1)(b). SOR/2022-17, s. 2. [604.185 to 604.196 reserved] Division XI — Operations Manual General Requirement 604.197 (1) A private operator shall have an operations manual that sets out the processes, practices and procedures applied in the course of its operations. The operations manual shall include a table of contents and shall deal with the following topics: (a) the duties and responsibilities of all operational and maintenance personnel, and the hierarchy and chain of command within management; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XI — Operations Manual Sections 604.197-604.198 (b) the organization and operation of the safety management system; (c) personnel training and qualifications; (d) record keeping; (e) the organization and operation of the maintenance control system; (f) procedures for conducting an operation under a special authorization, if applicable; (g) the organization and operation of the operational control system; (h) procedures, if any, relating to minimum equipment lists; (i) the procedures to follow in normal, abnormal and emergency conditions; (j) the private operator’s standard operating procedures, if any; (k) weather restrictions; (l) flight time limits and flight duty period limits; (m) controlled rest on the flight deck; (n) accident and incident response considerations; (o) procedures for dealing with security events; (p) aircraft performance limitations; and (q) the use and protection of records, if any, obtained from flight data recorders and cockpit voice recorders. (2) The private operator shall ensure that it is possible to verify the currency and validity of each part of its operations manual. SOR/2014-131, s. 18; SOR/2018-269, s. 18. Distribution 604.198 (1) A private operator shall provide a copy of its operations manual and a copy of every amendment to that manual to every member of its personnel who is involved in the private operator’s operations. (2) Every person who has been provided with a copy of an operations manual under subsection (1) shall keep it Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XI — Operations Manual Sections 604.198-604.203 up to date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties. (3) Despite subsection (1), instead of providing every crew member with a copy of its operations manual and a copy of every amendment to that manual, a private operator may keep an up-to-date copy of the appropriate parts of that manual in each aircraft that it operates. SOR/2014-131, s. 18. [604.199 to 604.201 reserved] Division XII — Safety Management System Prohibition 604.202 No private operator shall conduct flight operations unless it has a safety management system that meets the requirements of section 604.203. SOR/2014-131, s. 18. Components of the Safety Management System 604.203 (1) Subject to subsection (2), the private operator’s safety management system shall include the following components: (a) a statement of the overall objectives that are to be achieved by the safety management system; (b) a safety management plan that (i) specifies the duties that are assigned to the private operator’s personnel in respect of the safety management system, (ii) sets out performance goals for the safety management system and a means of measuring the attainment of those goals, (iii) sets out a policy for the internal reporting of aviation-safety-related hazards, incidents and accidents, including the conditions, if any, under which personnel will be protected from disciplinary action, (iv) describes the relationship between the components of the safety management system, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Section 604.203 (v) sets out procedures for involving personnel in the establishment of the safety management system; (c) a safety oversight program that includes (i) procedures for managing aviation-safety-related incidents, including their investigation and analysis, (ii) procedures for identifying and managing aviation-safety-related hazards, including the monitoring and risk profiling of those hazards, (iii) a reporting and data collection system for collecting and communicating information relating to aviation-safety-related hazards and incidents that (A) uses a record-keeping system to monitor and analyze aviation safety trends, (B) includes a means of communicating with persons who report issues relating to the safety management system or aviation safety, (C) is capable of generating progress reports for the person responsible for the functional area at intervals that the person determines, and (D) is capable of generating other reports in urgent cases, (iv) procedures for investigating and analyzing aviation-safety-related hazards, incidents and accidents that (A) take into account human, environmental and supervisory factors and organizational elements, (B) make it possible to make findings as to root causes and contributing factors, and (C) make it possible to communicate the findings to the operations manager, (v) risk management analysis procedures that include (A) an analysis of aviation-safety-related hazards, (B) a risk assessment based on risk criteria, and (C) a risk control strategy, (vi) corrective action procedures Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Section 604.203 (A) for determining what corrective actions are necessary, if any, and for carrying out those actions, (B) for keeping a record of any determination made under clause (A) and the reason for that determination, and (C) for monitoring and evaluating, in accordance with the quality assurance program referred to in section 604.206, the effectiveness of any corrective action carried out under clause (A), (vii) procedures for disseminating to personnel, with the approval of the private operator, the following aviation-safety-related information: (A) information relating to an incident, (B) information relating to a hazard analysis, and (C) information relating to the results of a review or audit, and (viii) procedures for sharing, with any person with whom the private operator exchanges services, any information relating to aviation safety; (d) procedures for (i) ensuring that all procedures relating to the safety management system are recorded and disseminated to personnel, (ii) managing and keeping all records and documents resulting from the safety management system, (iii) ensuring that records and reports relating to the safety management system are retained for at least two years, and (iv) reviewing all documents relating to the safety management system and keeping those documents up to date; (e) emergency response procedures that (i) cover all of the activities carried out by the private operator, and (ii) ensure that the duties relating to those procedures are assigned to the appropriate personnel; (f) the quality assurance program referred to in section 604.206; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Sections 604.203-604.204 (g) the process for conducting a review of the safety management system under section 604.207. (2) The safety management system of a private operator who has no employees is not required to include the components referred to in the following provisions: (a) subparagraphs (1)(b)(iii) and (v); (b) clause (1)(c)(iii)(B); (c) subparagraph (1)(c)(vii); (d) subparagraph (1)(d)(i); and (e) subparagraph (1)(e)(ii). SOR/2014-131, s. 18. Duties of Operations Manager 604.204 (1) The operations manager shall (a) manage the safety management system; (b) implement the safety management plan referred to in paragraph 604.203(1)(b); (c) implement the safety oversight program referred to in paragraph 604.203(1)(c); (d) implement the procedures referred to in paragraph 604.203(1)(d) in respect of all documents relating to the safety management system; (e) implement the emergency response procedures referred to in paragraph 604.203(1)(e); (f) implement the quality assurance program referred to in section 604.206; (g) ensure that any deficiency identified by the quality assurance program is analyzed to determine its root cause and contributing factors; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Sections 604.204-604.205 (h) communicate to the private operator any finding produced by the safety management system in respect of a hazard to aviation safety; (i) share, with any person with whom the private operator exchanges services, any finding produced by the safety management system that is likely to have an adverse effect on aviation safety; and (j) analyze any information relating to aviation safety that is received from any person with whom the private operator exchanges services and take appropriate action to mitigate any hazard to aviation safety. (2) When a finding produced by the safety management system is reported to the operations manager, the operations manager shall (a) determine what corrective actions are necessary to address that finding, if any, and carry out those actions; (b) keep a record of any determination made under paragraph (a) and the reason for that determination; (c) if the operations manager has assigned management functions to another person, communicate any determination made under paragraph (a) to that person; and (d) notify the private operator of any deficiency that reduces the effectiveness of all or part of the safety management system, and of the corrective action carried out. SOR/2014-131, s. 18. Duties of Personnel 604.205 The personnel of a private operator shall (a) report to the operations manager any issue relating to the safety management system, including (i) deficiencies, and (ii) aviation-safety-related hazards, incidents or accidents; and (b) share, with any person with whom the private operator exchanges services, any information relating to aviation safety. SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Section 604.206 Quality Assurance Program 604.206 (1) The quality assurance program shall make provision for sampling the private operator’s processes in order to measure (a) the private operator’s effectiveness in conducting an audit under subsection (2); and (b) the private operator’s ability to carry out its activities effectively and safely. (2) An audit required by the quality assurance program shall be conducted (a) within 12 months after the day on which the private operator registration document was issued; (b) subject to paragraph (c), within 12 months after the day on which the previous audit was completed; (c) within 36 months after the day on which the previous audit was completed, if (i) the private operator submits to the Minister a risk assessment establishing that the private operator is capable of managing the aviation-safety-related risks that may occur during that 36-month period, and (ii) none of the following events have occurred since the day on which the previous audit was completed: (A) a major incident, (B) a major change in the private operator’s activities, and (C) a finding resulting from a review of the safety management system and indicating that the quality assurance program is not achieving its objectives; (d) following an accident, or incident, that affects aviation safety; and (e) following the identification, as a result of a review of the safety management system, of a deficiency that reduces the effectiveness of all or part of the safety management system. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Section 604.206 (3) A quality assurance program shall include (a) checklists of all of the activities carried out by the private operator; (b) procedures for determining what corrective actions are necessary to eliminate the root cause and contributing factors of each finding of non-compliance with these Regulations; (c) procedures for monitoring corrective actions to ensure that they are effective; (d) a system for recording the following information: (i) the findings resulting from an audit, and any supporting documentation, (ii) an analysis of the root cause and contributing factors of any deficiency identified by the quality assurance program, (iii) any corrective action, and (iv) any follow-up action; and (e) procedures for ensuring that each finding resulting from an audit is communicated to the operations manager and to any person who has been assigned management functions respecting the safety management system, and is made available to the private operator. (4) An audit conducted under paragraph (2)(d) or (e) shall be a complete audit. (5) No private operator shall assign a duty relating to the quality assurance program to a person who is responsible for carrying out a task or an activity evaluated by that program unless (a) owing to the size, nature and complexity of the private operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity; (b) based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and (c) the operation of the audit system in relation to the quality assurance program will not be compromised. SOR/2014-131, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Sections 604.206-604.207 Review of the Safety Management System 604.207 (1) A periodic review of the safety management system shall measure the effectiveness of the system in the attainment of the performance goals referred to in subparagraph 604.203(1)(b)(ii). (2) A review of the safety management system shall be conducted (a) within 12 months after the day on which the private operator registration document was issued; (b) within 12 months after the day on which the previous review was completed; or (c) following an accident, or incident, that affects aviation safety. (3) A review of the safety management system shall include procedures for (a) identifying any deficiency in the operation of the safety management system; (b) investigating and analyzing the root cause and contributing factors of any deficiency identified by the review; and (c) ensuring that corrective actions are effective and are used on an ongoing basis to improve the safety management system. (4) A review conducted under paragraph (2)(c) shall be a complete review. (5) No private operator shall assign a duty relating to a review of the safety management system to a person who is responsible for carrying out a task or an activity that is the subject of the review unless (a) owing to the size, nature and complexity of the private operator’s operations and activities, it is impracticable to assign the duty to a person who is not responsible for carrying out the task or activity; (b) based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XII — Safety Management System Sections 604.207-604.220 (c) the integrity of the review of the safety management system will not be compromised. SOR/2014-131, s. 18. Duties of Private Operator — Review 604.208 The private operator shall (a) conduct the review of the safety management system under section 604.207; (b) determine what corrective actions are necessary to address any deficiency identified by the review, and carry out those actions; (c) keep a record of any determination made under paragraph (b) and the reason for it; and (d) if the private operator has assigned management functions to another person, provide that person with a copy of that record. SOR/2014-131, s. 18. [604.209 to 604.219 reserved] Division XIII — Flight Attendants and Emergency Evacuation Interpretation 604.220 (1) For the purposes of this Division and subject to subsection (2), model means aircraft master series as described in section 3.7 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST). (2) If no aircraft master series is assigned to an aeroplane, model in respect of that aeroplane means aircraft model as described in section 3.6 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST). SOR/2015-127, s. 12. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Section 604.221 Minimum Number of Flight Attendants 604.221 (1) No person shall conduct a take-off in an aeroplane that is operated by a private operator and is carrying more than 12 passengers unless the take-off is conducted with the minimum number of flight attendants required on each deck. (2) Subject to subsections (3) to (5), the minimum number of flight attendants required on each deck is one flight attendant for each unit of 50 passengers or for each portion of such a unit. (3) No flight attendants are required if (a) the aeroplane has 13 to 19 passengers on board; (b) the aeroplane is operated by a pilot-in-command and a second-in-command; (c) the passenger cabin is readily accessible from the flight deck; and (d) the flight crew members are able to exercise supervision over the passengers during flight by visual and aural means. (4) If a private operator has carried out a successful demonstration of its emergency evacuation procedures for a model of aeroplane using more flight attendants than would have been required in accordance with the ratio set out in subsection (2), the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the private operator is the number of flight attendants used in the demonstration. (5) If the emergency evacuation demonstration required for the certification of a model of aeroplane was carried out using more flight attendants than would have been required in accordance with the ratio set out in subsection (2), the minimum number of flight attendants required on each deck of an aeroplane of that model is the number of flight attendants required in accordance with the ratio set out in subsection (2) plus an additional number of flight attendants that is equal to the difference between (a) the number of flight attendants used in the demonstration, and (b) the number of flight attendants that would have been required in accordance with the ratio set out in subsection (2) at the time of the demonstration. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Sections 604.221-604.223 (6) If there is a conflict between subsection (3) and subsection (4) or (5), subsection (3) prevails to the extent of the conflict. SOR/2015-127, s. 12. Emergency Features 604.222 No private operator shall operate an aeroplane that is configured for 20 or more passenger seats unless the features that facilitate emergency evacuations meet the requirements set out in section 624.222 of Standard 624 — Emergency Features of the General Operating and Flight Rules Standards. SOR/2015-127, s. 12. Demonstration of Emergency Evacuation Procedures 604.223 (1) A private operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers shall carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane before operating an aeroplane of that model to carry passengers. (1.1) Despite subsection (1), the demonstration of emergency evacuation procedures is not required if the private operator has (a) carried out a successful demonstration of its emergency evacuation procedures for another model of aeroplane in its fleet; (b) conducted a comparative analysis to ensure that there is no difference in any of the following items between the model of aeroplane for which a successful demonstration has been carried out and the model of aeroplane being introduced: (i) the location of the flight attendants and their emergency evacuation duties and procedures, (ii) the number, location and type of emergency exits, and (iii) the number, location and type of opening mechanisms for the emergency exits; (c) verified that no changes have been made to any of the items listed in subparagraphs (b)(i) to (iii), in respect of the model of aeroplane for which a successful demonstration has been carried out, between the time of the successful demonstration and the time the comparative analysis is conducted; and (d) before operating an aeroplane of the model being introduced to carry passengers, made a record — that Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Section 604.223 it keeps for at least five years after the day on which the record is made — of (i) its decision to use the results of a successful demonstration of its emergency evacuation procedures for another model of aeroplane instead of carrying out a demonstration for the model of aeroplane it has decided to introduce, and (ii) the model of aeroplane for which a successful demonstration has been carried out and the model of aeroplane it has decided to introduce. (2) If a private operator decides to introduce an aeroplane into its fleet and there is a difference in any of the following items between that aeroplane and other aeroplanes of the same model that are already in the fleet, the private operator shall treat the aeroplane as if it were a different model of aeroplane and carry out a successful demonstration of its emergency evacuation procedures for that model before operating the aeroplane to carry passengers: (a) the location of the flight attendants or their emergency evacuation duties or procedures; (b) the number, location or type of emergency exits; or (c) the number, location or type of opening mechanisms for the emergency exits. (3) A private operator who decides to change any of the following items in respect of an aeroplane shall carry out a successful demonstration of its emergency evacuation procedures for the model of that aeroplane, as changed, before operating the aeroplane to carry passengers: (a) the location of the flight attendants or their emergency evacuation duties or procedures; (b) the number, location or type of emergency exits; or (c) the number, location or type of opening mechanisms for the emergency exits. (4) Subsections (1) to (3) do not apply in respect of a model of aeroplane that is configured to carry fewer than 44 passengers. SOR/2015-127, s. 12; SOR/2020-253, s. 7. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Sections 604.224-604.225 Carrying Out a Demonstration of Emergency Evacuation Procedures 604.224 (1) A private operator who carries out a demonstration of its emergency evacuation procedures for a model of aeroplane shall (a) do so without passengers; (b) do so with flight attendants who have completed the private operator’s training program for that model of aeroplane; and (c) begin the demonstration using the private operator’s normal procedures, then transition to its emergency procedures. (2) The demonstration is successful if the flight attendants can, within 15 seconds after the transition from the private operator’s normal procedures to its emergency procedures, (a) open 50% of the floor-level emergency exits that are required by the certification basis established in respect of the model of aeroplane; (b) open 50% of the non-floor-level emergency exits the opening of which is set out as an emergency evacuation duty in the private operator’s operations manual; and (c) deploy 50% of the escape slides. (3) The private operator shall record the demonstration using time-encoded video and keep the recording for at least five years after the day on which the demonstration is carried out. SOR/2015-127, s. 12. Extended Over-water Operations 604.225 (1) If a private operator decides to operate an aeroplane to carry passengers in extended over-water operations and the aeroplane is required to have survival equipment under section 602.63, the private operator shall carry out a demonstration of its ditching emergency evacuation procedures for the model of that aeroplane before starting the extended over-water operations. (2) Subsection (1) does not apply in respect of an aeroplane that is configured for fewer than 20 passenger seats. SOR/2015-127, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Section 604.226 Carrying Out a Demonstration of Emergency Evacuation Procedures — Ditching 604.226 (1) A private operator who carries out a demonstration of its ditching emergency evacuation procedures for a model of aeroplane shall (a) use an aeroplane of that model, a life-sized mockup of that model of aeroplane or a floating device; (b) assume that the ditching occurs during daylight hours and that all required crew members are available; (c) ensure that passengers are on board and participate in the demonstration if the private operator’s operations manual requires passengers to assist in the launching of life rafts; (d) ensure that, after the ditching signal has been received, each evacuee dons a life preserver; (e) ensure that each life raft is removed from its stowage compartment; (f) ensure that, as applicable, one life raft or one slide raft is inflated; and (g) ensure that each evacuee boards the life raft or slide raft and that a crew member assigned to the life raft or slide raft indicates the location of the required survival equipment and describes the use of that equipment. (2) A life-sized mock-up of a model of aeroplane or a floating device must (a) be representative of the passenger cabin of the model of aeroplane; (b) contain seats for all of the evacuees participating in the demonstration; (c) be equipped with the same survival equipment that is installed on the model of aeroplane, including a life preserver for each evacuee participating in the demonstration; (d) have emergency exits and doors that simulate those on the model of aeroplane; and (e) have enough wing area installed outside the window emergency exits to simulate the portions of the wings of the model of aeroplane that would be used in a ditching situation. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Sections 604.226-604.240 (3) The private operator shall record the demonstration using time-encoded video and keep the recording for at least five years after the day on which the demonstration is carried out. SOR/2015-127, s. 13. [604.227 to 604.239 reserved] Embarking and Disembarking of Passengers 604.240 (1) Subject to subsections (2) and (3), a private operator who operates an aeroplane to carry passengers shall ensure that all flight attendants assigned to a flight using that aeroplane are on board during passenger embarkation and disembarkation. (2) In the case of a flight to which more than one flight attendant is assigned, the private operator may reduce the number of flight attendants by one during passenger embarkation if (a) the flight attendant who leaves the aeroplane remains within the immediate vicinity of the door through which passengers are embarking and carries out safety-related duties for the flight; (b) the engines used for the propulsion of the aeroplane are not running; and (c) at least one floor-level exit remains open to provide for passenger egress. (3) In the case of a flight to which more than one flight attendant is assigned, the private operator may reduce the number of flight attendants during passenger disembarkation if (a) the engines used for the propulsion of the aeroplane are not running; (b) at least one floor-level exit remains open to provide for passenger egress; and (c) half of the required number of flight attendants — rounded down to the next lower number in the case of fractions, but never less than one — remain on board. (4) Paragraphs (2)(b) and (3)(a) do not apply in respect of an engine on a propeller-driven aeroplane if (a) the engine has a propeller brake; (b) the propeller brake is set; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 4 — Private Operators Division XIII — Flight Attendants and Emergency Evacuation Sections 604.240-604.243 (c) the aeroplane flight manual indicates that the engine may be used as an auxiliary power unit. (5) The private operator shall ensure that, during passenger embarkation and disembarkation, (a) if only one flight attendant is on board, he or she remains in the vicinity of the door through which passengers are embarking or disembarking; and (b) if more than one flight attendant is on board, they are evenly distributed in the passenger cabin and are in the vicinity of the floor-level exits. SOR/2015-127, s. 12. Emergency Evacuation — Before and During Surface Movement 604.241 A private operator shall, for each aeroplane in its fleet that is configured to carry 20 or more passengers, have procedures to ensure that (a) at least one floor-level exit provides for passenger egress before the movement of the aeroplane on the surface; and (b) every automatically deployable means of emergency passenger evacuation is ready for immediate use during the movement of the aeroplane on the surface. SOR/2015-127, s. 12. Single-aisle Aeroplane 604.242 Despite section 605.09, no person shall conduct a take-off in a single-aisle aeroplane that is carrying passengers unless all emergency exits and escape slides are operative. SOR/2015-127, s. 12. Standardization 604.243 No private operator shall operate an aeroplane that is configured to carry 20 or more passengers unless the emergency equipment, the stowage locations for emergency equipment and the emergency procedures are standardized for all aeroplanes in the private operator’s fleet that are configured to carry 20 or more passengers. SOR/2015-127, s. 14. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Sections 605.01-605.03 Subpart 5 — Aircraft Requirements Application 605.01 (1) This Subpart applies to (a) persons operating Canadian aircraft other than ultra-light aeroplanes, hang gliders or remotely piloted aircraft; and (b) persons operating foreign aircraft in Canada, other than remotely piloted aircraft, if those persons are Canadian citizens, permanent residents or corporations incorporated by or under the laws of Canada or a province. (2) The following requirements apply to persons operating foreign aircraft, other than persons referred to in paragraph (1)(b), while those aircraft are operated in Canada: (a) the requirement to carry a flight authority on board the aircraft in accordance with section 605.03; (b) the requirement that an aircraft be equipped with transponder and automatic pressure-altitude reporting equipment in accordance with section 605.35; (c) the requirement that an aircraft be equipped with one or more ELTs in accordance with section 605.38; and (d) radiocommunication and radio navigation equipment requirements that are specific to the aircraft and types of flight referred to in sections 605.14 to 605.21. SOR/2019-11, s. 19. [605.02 reserved] Division I — Aircraft Requirements — General Flight Authority 605.03 (1) No person shall operate an aircraft in flight unless (a) a flight authority is in effect in respect of the aircraft; (b) the aircraft is operated in accordance with the conditions set out in the flight authority; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division I — Aircraft Requirements — General Sections 605.03-605.05 (c) subject to subsections (2) and (3), the flight authority is carried on board the aircraft. (2) Where a specific-purpose flight permit has been issued pursuant to section 507.04, an aircraft may be operated without the flight authority carried on board where (a) the flight is conducted in Canadian airspace; and (b) an entry is made into the journey log indicating (i) that the aircraft is operating under a specificpurpose flight permit, and (ii) where applicable, any operational conditions that pertain to flight operations under the specificpurpose flight permit. (3) A balloon may be operated without the flight authority carried on board where the flight authority is immediately available to the pilot-in-command (a) prior to commencing a flight; and (b) on completion of the flight. Availability of Aircraft Flight Manual 605.04 (1) No person shall conduct a take-off in an aircraft, for which an aircraft flight manual is required by the applicable standards of airworthiness, unless the aircraft flight manual or, if an aircraft operating manual has been established under section 604.37 or Part VII, the aircraft operating manual is available to the flight crew members at their duty stations. (2) The aircraft flight manual or, if an aircraft operating manual has been established under section 604.37 or Part VII, those parts of the aircraft flight manual that are incorporated into the aircraft operating manual shall include all the amendments and supplementary material that are applicable to the aircraft type. SOR/2005-341, s. 6; SOR/2014-131, s. 19. Markings and Placards 605.05 No person shall conduct a take-off in an aircraft in respect of which markings or placards are required by the applicable standards of airworthiness unless the markings or placards are affixed to the aircraft or attached to a component of the aircraft in accordance with those standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division I — Aircraft Requirements — General Sections 605.06-605.08 Aircraft Equipment Standards and Serviceability 605.06 No person shall conduct a take-off in an aircraft, or permit another person to conduct a take-off in an aircraft in their custody and control, unless the aircraft equipment required by these Regulations (a) meets the applicable standards of airworthiness; and (b) is serviceable and, where required by operational circumstances, functioning, except if otherwise provided in section 605.08, 605.09 or 605.10. Minimum Equipment Lists 605.07 (1) The Minister may, in accordance with the MMEL/MEL Policy and Procedures Manual, establish a master minimum equipment list for each type of aircraft. (2) The Minister may supplement a master minimum equipment list that has been issued by the competent authority of a foreign state in respect of a type of aircraft where necessary to ensure compliance with the MMEL/MEL Policy and Procedures Manual. (3) Where a master minimum equipment list has been established for an aircraft type pursuant to subsection (1) or supplemented pursuant to subsection (2), the Minister shall approve a minimum equipment list in respect of each operator of that type of aircraft, if the requirements set out in the MMEL/MEL Policy and Procedures Manual are met. Unserviceable and Removed Equipment — General 605.08 (1) Despite subsection (2) and sections 605.09 and 605.10, no person shall conduct a take-off in an aircraft that has equipment that is not serviceable or from which equipment has been removed if, in the opinion of the pilot-in-command, aviation safety is affected. (2) Despite sections 605.09 and 605.10, a person may conduct a take-off in an aircraft that has equipment that is not serviceable or from which equipment has been removed where the aircraft is operated in accordance with the conditions of a flight permit that has been issued specifically for that purpose. SOR/2021-152, s. 19(E). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division I — Aircraft Requirements — General Sections 605.09-605.10 Unserviceable and Removed Equipment — Aircraft with a Minimum Equipment List 605.09 (1) Subject to subsection (2), where a minimum equipment list has been approved in respect of the operator of an aircraft pursuant to subsection 605.07(3), no person shall conduct a take-off in the aircraft with equipment that is not serviceable or that has been removed unless (a) the aircraft is operated in accordance with any conditions or limitations specified in the minimum equipment list; and (b) a copy of the minimum equipment list is carried on board. (2) Where the conditions or limitations specified in a minimum equipment list are in conflict with the requirements of an airworthiness directive, the airworthiness directive prevails. Unserviceable and Removed Equipment — Aircraft without a Minimum Equipment List 605.10 (1) Where a minimum equipment list has not been approved in respect of the operator of an aircraft, no person shall conduct a take-off in the aircraft with equipment that is not serviceable or that has been removed, where that equipment is required by (a) the standards of airworthiness that apply to day or night VFR or IFR flight, as applicable; (b) any equipment list published by the aircraft manufacturer respecting aircraft equipment that is required for the intended flight; (c) an air operator certificate, a special authorization issued under subsection 604.05(2), a special flight operations certificate or a flight training unit operating certificate; (d) an airworthiness directive; or (e) these Regulations. (2) Where a minimum equipment list has not been approved in respect of the operator of an aircraft and the aircraft has equipment, other than the equipment required by subsection (1), that is not serviceable or that has been removed, no person shall conduct a take-off in the aircraft unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division I — Aircraft Requirements — General Sections 605.10-605.14 (a) where the unserviceable equipment is not removed from the aircraft, it is isolated or secured so as not to constitute a hazard to any other aircraft system or to any person on board the aircraft; (b) the appropriate placards are installed as required by the Aircraft Equipment and Maintenance Standards; and (c) an entry recording the actions referred to in paragraphs (a) and (b) is made in the journey log, as applicable. SOR/2014-131, s. 20. [605.11 to 605.13 reserved] Division II — Aircraft Equipment Requirements Power-driven Aircraft — Day VFR 605.14 No person shall conduct a take-off in a powerdriven aircraft for the purpose of day VFR flight unless it is equipped with (a) where the aircraft is operated in uncontrolled airspace, an altimeter; (b) where the aircraft is operated in controlled airspace, a sensitive altimeter adjustable for barometric pressure; (c) an airspeed indicator; (d) a magnetic compass or a magnetic direction indicator that operates independently of the aircraft electrical generating system; (e) a tachometer for each engine and for each propeller or rotor that has limiting speeds established by the manufacturer; (f) an oil pressure indicator for each engine employing an oil pressure system; (g) a coolant temperature indicator for each liquidcooled engine; (h) an oil temperature indicator for each air-cooled engine having a separate oil system; (i) a manifold pressure gauge for each (i) reciprocating engine equipped with a variablepitch propeller, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.14-605.15 (ii) reciprocating engine used to power a helicopter, (iii) supercharged engine, and (iv) turbocharged engine; (j) a means for the flight crew, when seated at the flight controls to determine (i) the fuel quantity in each main fuel tank, and (ii) if the aircraft employs retractable landing gear, the position of the landing gear; (k) subject to subsections 601.08(2) and 601.09(2), a radiocommunication system adequate to permit twoway communication on the appropriate frequency when the aircraft is operated within (i) Class B, Class C or Class D airspace, (ii) an MF area, unless the aircraft is operated pursuant to subsection 602.97(3), or (iii) the ADIZ; (l) where the aircraft is operated under Subpart 4 of this Part, or under Subpart 3, 4 or 5 of Part VII, radiocommunication equipment adequate to permit twoway communication on the appropriate frequency; (m) where the aircraft is operated in Class B airspace, radio navigation equipment that will enable it to be operated in accordance with a flight plan; and (n) where the aircraft is operated under Subpart 4 of this Part or under Subpart 5 of Part VII, radio navigation equipment that is adequate to receive radio signals from a transmitting facility. Power-driven Aircraft — VFR OTT 605.15 (1) No person shall conduct a take-off in a power-driven aircraft for the purpose of VFR OTT flight unless it is equipped with (a) the equipment referred to in paragraphs 605.14(c) to (j); (b) a sensitive altimeter adjustable for barometric pressure; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.15-605.16 (c) a means of preventing malfunction caused by icing for each airspeed indicating system; (d) a gyroscopic direction indicator or a stabilized magnetic direction indicator; (e) an attitude indicator; (f) subject to subsection (2), a turn and slip indicator or turn coordinator; (g) where the aircraft is to be operated within the Northern Domestic Airspace, a means of establishing direction that is not dependent on a magnetic source; (h) radiocommunication equipment adequate to permit two-way communication on the appropriate frequency; and (i) radio navigation equipment adequate to permit the aircraft to be navigated safely. (2) Where the aircraft is equipped with a third attitude indicator that is usable through flight attitudes of 360° of pitch and roll for an aeroplane, or ± 80° of pitch and ± 120° of roll for a helicopter, the aircraft may be equipped with a slip-skid indicator in lieu of a turn and slip indicator or a turn coordinator. SOR/2006-77, s. 18. Power-driven Aircraft — Night VFR 605.16 (1) No person shall conduct a take-off in a power-driven aircraft for the purpose of night VFR flight, unless it is equipped with (a) the equipment referred to in paragraphs 605.14(c) to (n); (b) a sensitive altimeter adjustable for barometric pressure; (c) subject to subsection (2), a turn and slip indicator or turn coordinator; (d) an adequate source of electrical energy for all of the electrical and radio equipment; (e) in respect of every set of fuses of a particular rating that is installed on the aircraft and accessible to the pilot-in-command during flight, a number of spare fuses that is equal to at least 50 per cent of the total number of installed fuses of that rating; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Section 605.16 (f) where the aircraft is operated so that an aerodrome is not visible from the aircraft, a stabilized magnetic direction indicator or a gyroscopic direction indicator; (g) where the aircraft is to be operated within the Northern Domestic Airspace, a means of establishing direction that is not dependent on a magnetic source; (h) where the aircraft is an airship operated within controlled airspace, radar reflectors attached in such a manner as to be capable of a 360-degree reflection; (i) a means of illumination for all of the instruments used to operate the aircraft; (j) when carrying passengers, a landing light; and (k) position and anti-collision lights that conform to the Aircraft Equipment and Maintenance Standards. (2) Where the aircraft is equipped with a third attitude indicator that is usable through flight attitudes of 360° of pitch and roll for an aeroplane, or ± 80° of pitch and ± 120° of roll for a helicopter, the aircraft may be equipped with a slip-skid indicator in lieu of a turn and slip indicator or a turn coordinator. (3) No person shall operate an aircraft that is equipped with any light that may be mistaken for, or downgrade the conspicuity of, a light in the navigation light system, unless the aircraft is being operated for the purpose of aerial advertising. (4) In addition to the equipment requirements specified in subsection (1), no person shall operate an aircraft in night VFR flight under Subpart 4 of this Part or Subparts 2 to 5 of Part VII, unless the aircraft is equipped with (a) an attitude indicator; (b) a vertical speed indicator; (c) a means of preventing malfunction caused by icing for each airspeed indicating system; and (d) an outside air temperature gauge. SOR/2006-77, s. 19. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.17-605.18 Use of Position and Anti-collision Lights 605.17 (1) Subject to subsection (2), no person shall operate an aircraft in the air or on the ground at night, or on water between sunset and sunrise, unless the aircraft position lights and anti-collision lights are turned on. (2) Anti-collision lights may be turned off where the pilot-in-command determines that, because of operating conditions, doing so would be in the interests of aviation safety. Power-driven Aircraft — IFR 605.18 No person shall conduct a take-off in a powerdriven aircraft for the purpose of IFR flight unless it is equipped with (a) when it is operated by day, the equipment required pursuant to paragraphs 605.16(1)(a) to (h); (b) when it is operated by night, the equipment required pursuant to paragraphs 605.16(1)(a) to (k); (c) an attitude indicator; (d) a vertical speed indicator; (e) an outside air temperature gauge; (f) a means of preventing malfunction caused by icing for each airspeed indicating system; (g) a power failure warning device or vacuum indicator that shows the power available to gyroscopic instruments from each power source; (h) an alternative source of static pressure for the altimeter, airspeed indicator and vertical speed indicator; (i) sufficient radiocommunication equipment to permit the pilot to conduct two-way communications on the appropriate frequency; and (j) sufficient radio navigation equipment to permit the pilot, in the event of the failure at any stage of the flight of any item of that equipment, including any associated flight instrument display, (i) to proceed to the destination aerodrome or proceed to another aerodrome that is suitable for landing, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.18-605.20 (ii) where the aircraft is operated in IMC, to complete an instrument approach and, if necessary, conduct a missed approach procedure. Balloons — Day VFR 605.19 No person shall conduct a take-off in a balloon for the purpose of day VFR flight unless it is equipped with (a) an altimeter; (b) a vertical speed indicator; (c) in the case of a hot air balloon, (i) a fuel quantity gauge, and (ii) an envelope temperature indicator; (d) in the case of a captive gas balloon, a magnetic direction indicator; and (e) subject to subsections 601.08(2) and 601.09(2), a radiocommunication system adequate to permit twoway communication on the appropriate frequency when the balloon is operated within (i) Class C or Class D airspace, (ii) an MF area, unless the aircraft is operated pursuant to subsection 602.97(3), or (iii) the ADIZ. Balloons — Night VFR 605.20 No person shall conduct a take-off in a balloon for the purpose of night VFR flight unless it is equipped with (a) equipment required pursuant to section 605.19; (b) position lights; (c) a means of illuminating all of the instruments used by the flight crew, including a flashlight; and (d) in the case of a hot air balloon, two independent fuel systems. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.21-605.23 Gliders — Day VFR 605.21 No person shall operate a glider in day VFR flight unless it is equipped with (a) an altimeter; (b) an airspeed indicator; (c) a magnetic compass or a magnetic direction indicator; and (d) subject to subsections 601.08(2) and 601.09(2), a radiocommunication system adequate to permit twoway communication on the appropriate frequency when the glider is operated within (i) Class C or Class D airspace, (ii) an MF area, unless the aircraft is operated pursuant to subsection 602.97(3), or (iii) the ADIZ. Seat and Safety Belt Requirements 605.22 (1) Subject to subsection 605.23, no person shall operate an aircraft other than a balloon unless it is equipped with a seat and safety belt for each person on board the aircraft other than an infant. (2) Subsection (1) does not apply to a person operating an aircraft that was type-certificated with a safety belt designed for two persons. (3) A safety belt referred to in subsection (1) shall include a latching device of the metal-to-metal type. Restraint System Requirements 605.23 An aircraft may be operated without being equipped in accordance with section 605.22 in respect of the following persons if a restraint system that is secured to the primary structure of the aircraft is provided for each person who is (a) carried on a stretcher or in an incubator or other similar device; (b) carried for the purpose of parachuting from the aircraft; or (c) required to work in the vicinity of an opening in the aircraft structure. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.24-605.25 Shoulder Harness Requirements 605.24 (1) No person shall operate an aeroplane, other than a small aeroplane manufactured before July 18, 1978, unless each front seat or, if the aeroplane has a flight deck, each seat on the flight deck is equipped with a safety belt that includes a shoulder harness. (2) Except as provided in section 705.75, no person shall operate a transport category aeroplane unless each flight attendant seat is equipped with a safety belt that includes a shoulder harness. (3) No person shall operate a small aeroplane manufactured after December 12, 1986, the initial type certificate of which provides for not more than nine passenger seats, excluding any pilot seats, unless each forward- or aft-facing seat is equipped with a safety belt that includes a shoulder harness. (4) No person shall operate a helicopter manufactured after September 16, 1992, the initial type certificate of which specifies that the helicopter is certified as belonging to the normal or transport category, unless each seat is equipped with a safety belt that includes a shoulder harness. (5) No person operating an aircraft shall conduct any of the following flight operations unless the aircraft is equipped with a seat and a safety belt that includes a shoulder harness for each person on board the aircraft: (a) aerobatic manoeuvres; (b) class B, C or D external load operations conducted by a helicopter; and (c) aerial application, or aerial inspection other than flight inspection for the purpose of calibrating electronic navigation aids, conducted at altitudes below 500 feet AGL. General Use of Safety Belts and Restraint Systems 605.25 (1) The pilot-in-command of an aircraft shall direct all of the persons on board the aircraft to fasten safety belts, including any shoulder harness, (a) during movement of the aircraft on the surface; (b) during take-off and landing; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.25-605.26 (c) at any time during flight that the pilot-in-command considers it necessary that safety belts be fastened. (2) The directions referred to in subsection (1) also apply to the use of the following restraint systems: (a) a child restraint system; (b) a restraint system used by a person who is engaged in parachute descents; and (c) a restraint system used by a person when working in the vicinity of an opening in the aircraft structure. (3) Where an aircraft crew includes flight attendants and the pilot-in-command anticipates that the level of turbulence will exceed light turbulence, the pilot-in-command shall immediately direct each flight attendant to (a) discontinue duties relating to service; (b) secure the cabin; and (c) occupy a seat and fasten the safety belt provided, including any shoulder harness. (4) Where an aircraft is experiencing turbulence and the in-charge flight attendant considers it necessary, the incharge flight attendant shall (a) direct all of the passengers to fasten their safety belts; and (b) direct all flight attendants to discontinue duties relating to service, to secure the cabin, to occupy the assigned seats and to fasten the safety belts provided, including any shoulder harness, and to do so oneself. (5) Where the in-charge flight attendant has given directions in accordance with subsection (4), the in-charge flight attendant shall so inform the pilot-in-command. SOR/2006-77, s. 20; SOR/2021-153, s. 1. Use of Passenger Safety Belts and Restraint Systems 605.26 (1) Where the pilot-in-command or the incharge flight attendant directs that safety belts be fastened, every passenger who is not an infant shall (a) ensure that the passenger’s safety belt, including any shoulder harness, or restraint system is properly adjusted and securely fastened; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.26-605.27 (b) if responsible for an infant for which no child restraint system is provided, hold the infant securely in the passenger’s arms; and (c) if responsible for a person who is using a child restraint system, ensure that the person is properly secured. (2) No passenger shall be responsible for more than one infant. SOR/2021-153, s. 2. Use of Crew Member Safety Belts 605.27 (1) Subject to subsection (2), the crew members on an aircraft shall be seated at their stations with their safety belts, including any shoulder harness, fastened (a) during take-off and landing; (b) at any time that the pilot-in-command directs; and (c) in the case of crew members who are flight attendants, at any time that the in-charge flight attendant so directs pursuant to paragraph 605.25(4)(b). (2) Where the pilot-in-command directs that safety belts be fastened by illuminating the safety belt sign, a crew member is not required to comply with paragraph (1)(b) (a) during movement of the aircraft on the surface or during flight, if the crew member is performing duties relating to the safety of the aircraft or of the passengers on board; (b) where the aircraft is experiencing light turbulence, if the crew member is a flight attendant and is performing duties relating to the passengers on board; or (c) if the crew member is occupying a crew rest facility during cruise flight and the restraint system for that facility is properly adjusted and securely fastened. (3) The pilot-in-command shall ensure that at least one pilot is seated at the flight controls with safety belt, including any shoulder harness, fastened during flight time. SOR/2021-153, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Section 605.28 Child Restraint System 605.28 (1) No operator of an aircraft shall permit the use of a child restraint system on board the aircraft unless (a) the person using the child restraint system is accompanied by a parent or guardian who will attend to the safety of the person during the flight; (b) the weight and height of the person using the child restraint system are within the range specified by the manufacturer; (c) the child restraint system bears a legible label indicating the applicable design standards and date of manufacture; (d) the child restraint system is properly secured by the safety belt of a forward-facing seat that is not located in an emergency exit row and does not block access to an aisle; and (e) the tether strap is used according to the manufacturer’s instructions or, where subsection (2) applies, secured so as not to pose a hazard to the person using the child restraint system or to any other person. (2) Where a seat incorporates design features to reduce occupant loads, such as the crushing or separation of certain components, and the seat is in compliance with the applicable design standards, no person shall use the tether strap on the child restraint system to secure the system. (3) Every passenger who is responsible for a person who is using a child restraint system on board an aircraft shall be (a) seated in a seat adjacent to the seat to which the child restraint system is secured; (b) familiar with the manufacturer’s installation instructions for the child restraint system; and (c) familiar with the method of securing the person in the child restraint system and of releasing the person from it. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.29-605.31 Flight Control Locks 605.29 No operator of an aircraft shall permit the use of a flight control lock in respect of the aircraft unless (a) the flight control lock is incapable of becoming engaged when the aircraft is being operated; and (b) an unmistakable warning is provided to the person operating the aircraft whenever the flight control lock is engaged. De-icing or Anti-icing Equipment 605.30 No person shall conduct a take-off or continue a flight in an aircraft where icing conditions are reported to exist or are forecast to be encountered along the route of flight unless (a) the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with the standards of airworthiness under which the type certificate for that aircraft was issued; or (b) current weather reports or pilot reports indicate that icing conditions no longer exist. Oxygen Equipment and Supply 605.31 (1) No person shall operate an unpressurized aircraft unless it is equipped with sufficient oxygen dispensing units and oxygen supply to comply with the requirements set out in the table to this subsection. TABLE Oxygen Requirements for Unpressurized Aircraft Column I Colu Persons for Whom Oxygen Supply Must Be Available Peri All crew members and 10 per cent of passengers and, in any case, no less than one passenger Enti abo All persons on board the aircraft Item ( f ( t o Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Section 605.31 TABLEAU Exigences relatives à l’oxygène d’un aéronef non pressuri Colonne I Col Personnes pour lesquelles une réserve d’oxygène est disponible Pér Tous les membres d’équipage et 10 pour cent du nombre de passagers; dans tous les cas, au moins un passager Au altit dép Toutes les personnes à bord de l’aéronef Article a c b t v (2) No person shall operate a pressurized aircraft unless it is equipped with sufficient oxygen dispensing units and oxygen supply to provide, in the event of cabin pressurization failure at the most critical point during the flight, sufficient oxygen to continue the flight to an aerodrome suitable for landing while complying with the requirements of the table to this subsection. TABLE Minimum Oxygen Requirements for Pressurized Aircraft F Item 1 Column I Colu Persons for Whom Oxygen Supply Must Be Available Peri All crew members and 10 per cent of passengers and, in any case, no less than one passenger ( a ( f ( t t All passengers ( 1 ( t 1 Note 1: In determining the available supply, the cabin-pressure- altit account. Note 2: The minimum supply is that quantity of oxygen necessary fo altitude authorized in the type certificate to 10,000 feet ASL in 10 min Note 3: The minimum supply is that quantity of oxygen necessary fo altitude authorized in the type certificate to 10,000 feet ASL in 10 min Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.31-605.32 TABLEAU Exigences relatives à l’oxygène d’un aéronef pressurisé su Article 1 Colonne I Col Personnes pour lesquelles une réserve d’oxygène est disponible Pér Tous les membres d’équipage et 10 pour cent du nombre de passagers; dans tous les cas, au moins un passager a a p b c c t v Tous les passagers a c b t v Note 1 : Pour déterminer la réserve d’oxygène disponible, le profil de doit être pris en compte. Note 2 : La réserve d’oxygène minimale est la quantité d’oxygène né d’utilisation maximale autorisée dans le certificat de type de l’aérone nutes de vol à une altitude de 10 000 pieds ASL. Note 3 : La réserve d’oxygène minimale est la quantité d’oxygène né d’utilisation maximale autorisée dans le certificat de type de l’aérone nutes de vol à une altitude de 10 000 pieds ASL. Use of Oxygen 605.32 (1) Where an aircraft is operated at cabin-pressure-altitudes above 10,000 feet ASL but not exceeding 13,000 feet ASL, each crew member shall wear an oxygen mask and use supplemental oxygen for any part of the flight at those altitudes that is more than 30 minutes in duration. (2) Where an aircraft is operated at cabin-pressure-altitudes above 13,000 feet ASL, each person on board the aircraft shall wear an oxygen mask and use supplemental oxygen for the duration of the flight at those altitudes. (3) The pilot at the flight controls of an aircraft shall use an oxygen mask if (a) the aircraft is not equipped with quick-donning oxygen masks and is operated at or above flight level 250; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.32-605.33 (b) the aircraft is equipped with quick-donning oxygen masks and is operated above flight level 410. Flight Data Recorder 605.33 (1) This section applies in respect of the following multi-engined turbine-powered aircraft: (a) an aircraft in respect of which a type certificate has been issued authorizing the transport of 30 or fewer passengers, configured for 10 or more passenger seats and manufactured after October 11, 1991; (b) an aeroplane in respect of which a type certificate has been issued authorizing the transport of 30 or fewer passengers and configured for 20 to 30 passenger seats; (c) an aircraft in respect of which a type certificate has been issued authorizing the transport of more than 30 passengers; and (d) an aircraft in respect of which a type certificate has been issued authorizing the transport of cargo only and operated under Subpart 5 of Part VII. (2) Subject to subsection (4), no person shall dispatch or conduct a take-off in an aircraft unless it is equipped with a flight data recorder that conforms to section 551.100 of Chapter 551 of the Airworthiness Manual and section 625.33 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards. (3) Subject to subsection (4), no person shall operate an aircraft unless the flight data recorder is operated continuously from the start of the take-off until the completion of the landing. (4) Subsections (2) and (3) do not apply in respect of an aircraft without a serviceable flight data recorder if (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft under subsection 605.07(3) and the aircraft is operated in accordance with the minimum equipment list; or (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft and the following conditions are met: (i) the period during which the aircraft is operated without a serviceable flight data recorder does not Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.33-605.34 exceed 90 days from the day on which the flight data recorder ceased to be serviceable, (ii) aircraft technical records that indicate the date on which the flight data recorder ceased to be serviceable are carried on board the aircraft, (iii) the aircraft is required to be equipped with a cockpit voice recorder under section 605.34, and (iv) the cockpit voice recorder is serviceable. SOR/2003-249, s. 1; SOR/2019-130, s. 4. Underwater Locating Device for Flight Data Recorder 605.33.1 No person shall operate an aircraft that is required to be equipped with a flight data recorder under section 605.33 unless the aircraft is equipped with a serviceable underwater locating device for its flight data recorder that conforms to section 551.100 of Chapter 551 of the Airworthiness Manual. SOR/2019-130, s. 4. Cockpit Voice Recorder 605.34 (1) This section applies in respect of a multi-engined turbine-powered aircraft that is configured for six or more passenger seats and for which two pilots are required by the aircraft type certificate or by the subpart under which the aircraft is operated. (2) Subject to subsection (4), no person shall dispatch or conduct a take-off in an aircraft unless the aircraft is equipped with a cockpit voice recorder that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.34 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards. (3) Subject to subsection (4), no person shall operate an aircraft unless the cockpit voice recorder is operated continuously from the time at which electrical power is first provided to the recorder before the flight to the time at which electrical power is removed from the recorder after the flight. (4) Subsections (2) and (3) do not apply in respect of an aircraft without a serviceable cockpit voice recorder if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Section 605.34 (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft under subsection 605.07(3) and the aircraft is operated in accordance with the minimum equipment list; (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft and the following conditions are met: (i) the period during which the aircraft is operated without a serviceable cockpit voice recorder does not exceed 90 days from the day on which the cockpit voice recorder ceased to be serviceable, (ii) aircraft technical records that indicate the date on which the cockpit voice recorder ceased to be serviceable are carried on board the aircraft, (iii) the aircraft is required to be equipped with a flight data recorder under section 605.33, and (iv) the flight data recorder is serviceable; or (c) the operator of the aircraft is authorized to conduct single-pilot operations in an air operator certificate issued under Subpart 3 of Part VII and the following conditions are met: (i) the period during which the aircraft is operated without a serviceable cockpit voice recorder does not exceed 45 days from the day on which the cockpit voice recorder ceased to be serviceable, (ii) the requirements of paragraph 703.66(a) cannot be met because the auto-pilot is not serviceable, (iii) the aircraft is operated by two pilots who meet the requirements of section 703.88, and (iv) aircraft technical records that indicate the dates on which the cockpit voice recorder and the auto-pilot ceased to be serviceable are carried on board the aircraft. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.34-605.35 (5) No person shall erase any communications that have been recorded by a cockpit voice recorder. SOR/2019-130, s. 4. Underwater Locating Device for Cockpit Voice Recorder 605.34.1 (1) Subject to subsection (2), no person shall operate an aircraft in respect of which a type certificate has been issued authorizing the transport of more than 30 passengers unless the aircraft is equipped with a serviceable underwater locating device for its cockpit voice recorder that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and subsection 625.34(5) of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards. (2) Subsection (1) does not apply in respect of an aircraft that is equipped with a flight data recorder and cockpit voice recorder that are installed adjacent to each other and are not likely to be separated during a crash impact. SOR/2019-130, s. 4. Use of Microphones 605.34.2 If an aircraft is equipped to continuously record audio signals by means of a boom microphone or mask microphones, each flight crew member shall use the boom microphone or his or her mask microphone while the aircraft is operated below 10,000 feet ASL. SOR/2019-130, s. 4. Transponder and Automatic Pressure-Altitude Reporting Equipment 605.35 (1) Subject to subsections (2) and (3), no person shall operate an aircraft, other than a balloon or a glider, in transponder airspace, unless the aircraft is equipped with a transponder and automatic pressure-altitude reporting equipment. (2) Subsection (1) does not apply in respect of an aircraft without a serviceable transponder and automatic pressure-altitude reporting equipment if (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft under subsection 605.07(3) and the aircraft is operated in accordance with the minimum equipment list; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.35-605.36 (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft and the aircraft is operated (i) to the next aerodrome of intended landing, and (ii) after that landing, in accordance with an air traffic control clearance, to complete a planned flight schedule or to proceed to a maintenance facility. (3) Subsection (1) does not apply in respect of an aircraft without a serviceable transponder and automatic pressure-altitude reporting equipment if (a) the aircraft is within airspace referred to in section 601.03; (b) an air traffic control unit provides an air traffic control service in respect of that airspace; (c) the air traffic control unit received a request from a person to operate the aircraft within that airspace before the aircraft entered the airspace; (d) the air traffic control unit authorized the person to operate the aircraft; and (e) aviation safety is not likely to be affected. SOR/2006-77, s. 21; SOR/2019-130, s. 7. Altitude Alerting System or Device 605.36 (1) Subject to subsection (2), no person shall conduct a take-off in a turbo-jet-powered aeroplane unless it is equipped with an altitude alerting system or device that conforms to the Aircraft Equipment and Maintenance Standards. (2) Subsection (1) does not apply in respect of an aeroplane without a serviceable altitude alerting system or device if (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aeroplane pursuant to subsection 605.07(3) and the aeroplane is operated in accordance with the minimum equipment list; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.36-605.37 (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aeroplane and the aeroplane is operated (i) from the place where the operator or pilot-incommand takes possession of the aeroplane to a place where the aeroplane can be equipped with such a system or device, (ii) for the sole purpose of conducting a flight test, a competency check, a pilot proficiency check or flight crew member training, or (iii) where the system or device becomes unserviceable after take-off, until it reaches an aerodrome at which the system or device can be repaired or replaced. SOR/2014-131, s. 21; SOR/2019-130, s. 8. GPWS 605.37 (1) Subject to subsections (2) and (3), no person operating under Subpart 4 or 5 of Part VII shall conduct a take-off in a turbo-jet-powered aeroplane that has a MCTOW of more than 15 000 kg (33,069 pounds) and for which a type certificate has been issued authorizing the transport of 10 or more passengers, unless the aeroplane is equipped with a GPWS. (2) An aeroplane referred to in subsection (1) may be operated without a serviceable GPWS if a minimum equipment list has been approved by the Minister in respect of the operator of the aeroplane pursuant to subsection 605.07(3) and the aeroplane is operated in accordance with the minimum equipment list. (3) Where, in the interests of aviation safety, it is necessary during a flight to deactivate any mode of a GPWS, the pilot-in-command of the aeroplane may deactivate that mode if the deactivation is performed in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list. (4) This section (a) applies only in respect of aeroplanes manufactured on or before the day on which this subsection comes into force; and (b) shall cease to apply on the expiry of two years after that day. SOR/2012-136, s. 9. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Section 605.38 ELT 605.38 (1) Subject to subsection (3), no person shall operate an aircraft unless it is equipped with one or more ELTs in accordance with subsection (2). (2) An aircraft set out in column I of an item of the table to this subsection shall, for the area of operation set out in column II of the item, be equipped with the quantity and type of ELTs referred to in column III of that item, which ELTs shall be armed, if so specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or equivalent document provided by the manufacturer. TABLE ELT Requirements Column 1 Column 2 Item Aircraft Area of Operation All aircraft Over land Large multi-engined turbo-jet aeroplanes engaged in an air transport service carrying passengers Over water at a d land that requires life rafts under se All aircraft that require an ELT Over water at a d other than those set out in item 2 land that requires life rafts under se TABLEAU Exigences relatives aux ELT Colonne 1 Colonne 2 Article Aéronef Zone d’utilisation Tous les aéronefs Au-dessus du sol Un gros avion multimoteur à turboréacteurs ayant des passagers à bord utilisé dans le cadre d’un service de transport aérien Au-dessus d’un p distance du sol o de sauvetage son application de l’a Tous les aéronefs devant être munis d’une ELT, sauf ceux visés à l’article 2 Au-dessus d’un p distance du sol o de sauvetage son application de l’a (3) An aircraft may be operated without an ELT on board if the aircraft Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.38-605.38.1 (a) is a glider, balloon, airship, ultra-light aeroplane or gyroplane; (b) is registered under the laws of a contracting state or a state that is a party to an agreement entered into with Canada relating to interstate flying, is equipped with a serviceable emergency beacon that transmits on the 406 MHz frequency with a tested life of at least 24 hours and (i) has a Class 1 or Class 2 Type Approval Certificate issued by the international search and rescue Cospas-Sarsat Council, and (ii) is registered with the appropriate authority of the country identified in the coded message transmitted by the emergency beacon; (c) is operated by the holder of a flight training unit operating certificate, engaged in flight training and operated within 25 nautical miles of the aerodrome of departure; (d) is engaged in a flight test; (e) is a new aircraft engaged in flight operations related to manufacture, preparation or delivery of the aircraft; (f) is operated for the purpose of permitting a person to conduct a parachute descent within 25 nautical miles of the aerodrome of departure; or (g) is operated in accordance with section 605.39. (4) If an aircraft is equipped with one or more ELTs that transmit on the 406 MHz frequency, the owner shall register each ELT with (a) the Canadian Beacon Registry; or (b) the appropriate authority of the country identified in the coded message transmitted by the ELT. SOR/2002-345, s. 2; SOR/2020-238, s. 5. ELT — Frequencies 605.38.1 (1) No person shall operate an aircraft under a private operator registration document or in a commercial air service unless the aircraft is equipped with one or more ELTs that transmit simultaneously on the 406 MHz and 121.5 MHz frequencies. (2) A person may operate an aircraft, other than an aircraft referred to in subsection (1), if it is equipped with Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.38.1-605.39 one or more ELTs that transmit on one or both of the following frequencies: (a) 121.5 MHz; and (b) 406 MHz. SOR/2020-238, s. 6. Use of ELTs 605.39 (1) An aircraft that is required to be equipped with one or more ELTs under section 605.38 may be operated without a serviceable ELT if the operator (a) repairs the ELT or removes it from the aircraft at the first aerodrome at which repairs or removal can be accomplished; (b) on removal of the ELT, sends the ELT to a maintenance facility; and (c) displays on a readily visible placard within the aircraft cockpit, until the ELT is replaced, a notice stating that the ELT has been removed and setting out the date of its removal. (2) If an aircraft is required to have one ELT under section 605.38, the operator shall re-equip the aircraft with a serviceable ELT within (a) 10 days after the date of removal, if the aircraft is operated under Subpart 4 or 5 of Part VII; or (b) 30 days after the date of removal in the case of any other aircraft. (3) If an aircraft is required to have two ELTs under section 605.38, the operator shall (a) if one of the ELTs is unserviceable, repair or replace it within 10 days after the date of removal; and (b) if both ELTs are unserviceable, repair or replace (i) one ELT at the first aerodrome at which a repair or replacement can be accomplished, and (ii) the second ELT within 10 days after the date of removal. SOR/2002-345, s. 3. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.40-605.41 ELT Activation 605.40 (1) Subject to subsection (2), no person shall activate an ELT except in an emergency. (2) A person may activate an ELT, in accordance with the manufacturer’s instructions, for the purpose of testing the ELT for a duration of not more than five seconds during the first five minutes of any hour UTC in the case of an ELT that transmits on the 121.5 MHz frequency or an ELT that transmits on both the 406 MHz and the 121.5 MHz frequencies. (3) If an ELT has been inadvertently activated during flight, the pilot-in-command of the aircraft shall ensure, as soon as feasible, that (a) the nearest air traffic control unit, flight service station or community aerodrome radio station is so informed; and (b) the ELT is deactivated. SOR/2002-345, s. 4; SOR/2020-238, s. 8. Third Attitude Indicator 605.41 (1) No person shall conduct a take-off in a turbo-jet-powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane (a) has a MCTOW of less than 5 700 kg (12,566 pounds); and (b) was operated in Canada in a commercial air service on October 10, 1996. (2) No person shall conduct a take-off in a transport category aircraft without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aircraft (a) is a transport category helicopter not operated in IFR flight; (b) is a transport category aeroplane powered by reciprocating engines that was manufactured before January 1, 1998; or (c) is not operated pursuant to Part VII. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.41-605.42 (3) No person shall conduct a take-off in a turbo-propeller powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane (a) has a passenger seating configuration, excluding pilot seats, of 30 or fewer; (b) has a payload capacity of 3 402 kg (7,500 pounds) or less; and (c) was manufactured prior to March 20, 1997. (4) After December 20, 2010, no person shall conduct a take-off in a turbo-propeller powered aeroplane having a passenger seating configuration, excluding pilot seats, of 10 or more, and operated under Part VII, unless the aeroplane is equipped with a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards. SOR/2006-77, s. 22; SOR/2015-160, s. 29(F). TAWS 605.42 (1) Subject to subsection (2), no operator shall operate a turbine-powered aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151a or a more recent version of it; (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and (c) has a terrain and airport database compatible with the area of operation. (2) The operator may operate the aeroplane without its being equipped with an operative TAWS if (a) the aeroplane is operated in day VFR only; (b) in the event that 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 day on which the failure of the TAWS occurs; or (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division II — Aircraft Equipment Requirements Sections 605.42-605.84 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. (3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day. SOR/2012-136, s. 10; SOR/2020-253, s. 8. [605.43 to 605.83 reserved] Division III — Aircraft Maintenance Requirements Aircraft Maintenance — General 605.84 (1) Subject to subsections (3) and (4), no person shall conduct a take-off or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the aircraft (a) is maintained in accordance with any airworthiness limitations applicable to the aircraft type design; (b) meets the requirements of any airworthiness directive issued under section 521.427; and (c) except as provided in subsection (2), meets the requirements of any notices that are equivalent to airworthiness directives and that are issued by (i) the competent authority of the foreign state that, at the time the notice was issued, is responsible for the type certification of the aircraft, engine, propeller or appliance, or (ii) for an aeronautical product in respect of which no type certificate has been issued, the competent authority of the foreign state that manufactured the aeronautical product. (2) In the case of a conflict between an airworthiness directive issued by the Minister under section 521.427 and a foreign notice, the airworthiness directive prevails. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division III — Aircraft Maintenance Requirements Sections 605.84-605.85 (3) The Minister shall exempt the owner of a Canadian aircraft from the requirement to comply with all or part of an airworthiness directive, subject to appropriate conditions relating to aviation safety, as specified in Appendix H of the Aircraft Equipment and Maintenance Standards, where the owner demonstrates to the Minister that (a) under circumstances specified in the exemption request, compliance is impractical or unnecessary; and (b) the exemption will provide a level of safety that is equivalent to that required by the airworthiness directive. (4) The Minister shall approve an alternative means of compliance with an airworthiness directive, for reasons set out in the approval, where the Minister is satisfied that the proposed alternative will maintain the level of safety that is provided for by the compliance time, the modification, the restriction, the replacement, the special inspection or the procedure set out in the airworthiness directive. SOR/2000-389, s. 1; SOR/2002-112, s. 13; SOR/2009-280, s. 35. Maintenance Release and Elementary Work 605.85 (1) Subject to subsections (2) and (3), no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, where that aircraft has undergone maintenance, unless the maintenance has been certified by the signing of a maintenance release pursuant to section 571.10. (2) Where a maintenance release is conditional on the satisfactory completion of a test flight pursuant to subsection 571.10(4), the aircraft may be operated for the purpose of the test flight if no person is carried on board other than flight crew members and persons necessary for the purpose of making observations that are essential to the test flight. (3) Following a test flight conducted pursuant to subsection (2), the pilot-in-command shall enter the results of the test flight in the journey log and, where the entry indicates that the results of the test flight are satisfactory, that entry completes the maintenance release required by subsection (1). (4) No maintenance release is required in respect of tasks identified as elementary work in the Aircraft Equipment and Maintenance Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division III — Aircraft Maintenance Requirements Sections 605.85-605.87 Maintenance Schedule 605.86 (1) Subject to subsection (3), no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the person’s legal custody and control, unless the aircraft is maintained in accordance with (a) a maintenance schedule that conforms to the Aircraft Equipment and Maintenance Standards; and (b) where the aircraft is operated under Subpart 6 of Part IV or under Part VII, or is a large aircraft, a turbine-powered pressurized aircraft or an airship, a maintenance schedule approved by the Minister in respect of the aircraft operator pursuant to subsection (2). (2) The Minister shall approve a maintenance schedule in respect of an aircraft if the schedule conforms to the Aircraft Equipment and Maintenance Standards. (3) The Minister shall authorize an operator to deviate from the requirements of the applicable maintenance schedule where the operator (a) submits a request in writing to the Minister in accordance with the Aircraft Equipment and Maintenance Standards; and (b) demonstrates that the deviation will not affect aviation safety. Transfer of Aeronautical Products between Maintenance Schedules 605.87 No aeronautical product shall be maintained in accordance with a maintenance schedule that is different from the one under which it was previously maintained unless (a) the aeronautical product has been subjected to an inspection that establishes it on the new maintenance schedule; and (b) the times remaining until each action on the new maintenance schedule is to be taken have been established in accordance with the Aircraft Equipment and Maintenance Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division III — Aircraft Maintenance Requirements Sections 605.88-605.93 Inspection after Abnormal Occurrences 605.88 (1) No person shall conduct a take-off in an aircraft that has been subjected to any abnormal occurrence unless the aircraft has been inspected for damage in accordance with Appendix G of the Aircraft Equipment and Maintenance Standards. (2) Where the inspection referred to in subsection (1) does not involve disassembly, it may be performed by the pilot-in-command. [605.89 to 605.91 reserved] Division IV — Technical Records Requirement to Keep Technical Records 605.92 (1) Every owner of an aircraft shall keep the following technical records in respect of the aircraft: (a) a journey log; (b) subject to subsections (2) and (3), a separate technical record for the airframe, each installed engine and each variable-pitch propeller; and (c) except where otherwise provided under the terms of a fleet empty weight and balance program referred to in subsection 706.06(3), an empty weight and balance report that meets the applicable standards set out in Standard 571 — Maintenance. (2) The technical records required by paragraph (1)(b) may consist of separate technical records for each component installed in the airframe, engine or propeller. (3) In the case of a balloon or glider, or an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, all entries in respect of the technical records referred to in paragraphs (1)(b) and (c) may be kept in the journey log. SOR/2002-112, s. 14; SOR/2019-122, s. 21. Technical Records — General 605.93 (1) Every person who makes an entry in a technical record shall (a) make the entry accurately, legibly and in a permanent manner; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division IV — Technical Records Sections 605.93-605.94 (b) enter the person’s name and signature or employee identifier or, where the record is kept as electronic data, enter the person’s user code or an equivalent security designation; and (c) date the entry. (2) Where the owner of an aircraft keeps the technical records for the aircraft as electronic data, the owner shall ensure that the electronic data system that is used complies with section 103.04 and the Aircraft Equipment and Maintenance Standards. (3) The owner of an aircraft shall ensure that all of the necessary measures are taken to protect the technical records for the aircraft from damage and loss. (4) Every person who brings into use a new volume of an existing technical record shall make the entries relating to the preceding volume that are necessary to ensure that an unbroken chronological record is maintained. (5) Subject to subsection (6), where a person alters an entry on a technical record for the purpose of correcting the entry, the person shall do so by striking out the incorrect entry in such a manner that the underlying information remains legible, and inserting the correct entry together with (a) the date of the alteration; (b) the reason for the alteration, if it is necessary to clarify why the alteration was made; and (c) the person’s name and signature or employee identifier or, where the record is kept as electronic data, the person’s user code or equivalent security designation. (6) Where a correction referred to in subsection (5) is being made to a technical record that is maintained as electronic data, the correction shall be made in a manner that does not render the original data inaccessible. Journey Log Requirements 605.94 (1) The particulars set out in column I of an item in Schedule I to this Division shall be recorded in the journey log at the time set out in column II of the item and by the person responsible for making entries set out in column III of that item. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division IV — Technical Records Sections 605.94-605.95 (2) No person shall make a single entry in a journey log in respect of a series of flights unless (a) the aircraft is operated by the same pilot-in-command throughout the series; or (b) a daily flight record is used pursuant to section 406.56. (3) The owner of an aircraft shall retain every entry in a journey log for a period of not less than one year. (4) Unless recorded in the operational flight plan or operational flight data sheet, the pilot-in-command of an aircraft engaged in a commercial air service and operating in international flight shall record in the journey log the following particulars in respect of each flight: (a) the names of all of the crew members and their duty assignments; (b) the places and times of departure and arrival; (c) the flight time; (d) the nature of the flight, such as private, aerial work, scheduled or non-scheduled; and (e) any incidents or observations relating to the flight. SOR/2006-77, s. 23. Journey Log — Carrying on Board 605.95 (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft unless the journey log is on board the aircraft. (2) A person may conduct a take-off in an aircraft without carrying the journey log on board where (a) it is not planned that the aircraft will land and shut down at any location other than the point of departure; or (b) the aircraft is a balloon and the journey log is immediately available to the pilot-in-command (i) prior to commencing a flight, and (ii) on completion of the flight. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 5 — Aircraft Requirements Division IV — Technical Records Sections 605.96-605.97 Requirements for Technical Records Other Than the Journey Log 605.96 (1) The particulars set out in column I of an item in Schedule II to this Division shall be recorded in the appropriate technical record at the time set out in column II of the item and by the person responsible for making entries set out in column III of that item. (2) Where particulars of any maintenance performed on an aircraft are transferred from the journey log at the time set out in column II of item 4 of Schedule II to this Division, the person responsible for the entry shall (a) transcribe the particulars and include the name and identification number of the person who made the original entry; or (b) where the pages of the journey log have detachable copies, attach the copy of the page containing these particulars to the applicable technical record. (3) Where a component is installed on a higher assembly, the technical record for that component shall become a part of the technical record for the higher assembly. (4) Except in the case of the journey log, the owner of an aircraft shall retain each technical record for the applicable period set out in the Aircraft Equipment and Maintenance Standards. Transfer of Records 605.97 Every owner of an aircraft who transfers title of an aircraft, airframe, engine, propeller or appliance to another person shall, at the time of transfer, also deliver to that person all of the technical records that relate to that aeronautical product. [605.98 to 605.110 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules SCHEDULE I Section 605.97 SCHEDULE I (Paragraph 604.127(i), subsection 605.94(1) and Item 3 of Schedule II Journey Log Item 1 Column I Column II Particulars to be entered Time of entry Aircraft nationality and registration marks On starting to ke bringing a new v use Aircraft manufacturer, type, model and serial number 2 Except where an approved fleet empty weight and balance control program is in place, aircraft empty weight and empty centre of gravity and any change in the aircraft empty weight and empty centre of gravity Where an additional flight authority has been On changing the issued in respect of an aircraft under section 507.08, any change in the flight authority in effect Air time of each flight or series of flights and cumulative total air time and, where applicable, number of operating cycles or landings since date of manufacture Except where an equivalent technical dispatch On bringing the procedure is in place in accordance with use and on com section 706.06, maintenance ac this item (a) a description of the applicable maintenance schedule; and On starting to ke bringing a new v use and, when a practicable after before the next Daily, on comple flights (b) the date, air time, operating cycle or landing at which the next scheduled maintenance action is required 6 Particulars of any abnormal occurrence to which the aircraft has been subjected As soon as prac occurrence but, flight Particulars relating to a conditional maintenance release signed in accordance with section 571.10 As soon as prac received a cond for a test flight, test flight Particulars relating to the results of a test flight entered pursuant to subsection 605.85(3) On completing t before the next Particulars of any defect in any part of the aircraft or its equipment that becomes apparent during flight operations As soon as prac discovered but, flight Except where a technical dispatch procedure Before the next is in place in accordance with section 706.06, the particulars of any defect in any part of the aircraft or its equipment that is not rectified before the next flight Particulars of any maintenance action or elementary work performed in respect of items 2, 6, 9, and 10 As soon as prac action or elemen at the latest, bef SOR/2006-77, s. 24; SOR/2014-131, s. 22; SOR/2015-160, s. 30. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules SCHEDULE I (French) Section 605.97 ANNEXE I (alinéa 604.127i), paragraphe 605.94(1) et article 3 de l’annexe II) Carnet de route Colonne I Colonne II Article Détails à inscrire Moment de l’ins Marques de nationalité et d’immatriculation de l’aéronef À la première ut d’un nouveau vo Constructeur, type, modèle et numéro de série de l’aéronef 2 Sauf lorsqu’un programme de contrôle de la masse à vide et du centrage de la flotte approuvé est établi, la masse à vide et le centre de gravité à vide de l’aéronef et toute modification apportée à la masse à vide et au centre de gravité à vide Lorsque qu’une autorité de vol Dès la modificat supplémentaire a été délivrée à l’égard de vigueur l’aéronef en application de l’article 507.08, toute modification apportée à l’autorité de vol en vigueur Le temps dans les airs de chaque vol ou série Quotidiennemen de vols et le temps total dans les airs série de vols cumulatif et, le cas échéant, le nombre de cycles d’utilisation et le nombre d’atterrissages depuis la date de construction Sauf lorsqu’une procédure de remise en service technique équivalente est établie conformément à l’article 706.06 : a) une description du calendrier de maintenance applicable; À la première ut d’un nouveau vo lorsqu’une modi tôt possible aprè plus tard avant l À la première m calendrier de ma chaque travail d visé à la colonne b) la date, le temps dans les airs, le cycle d’utilisation ou l’atterrissage où le prochain travail de maintenance prévu au calendrier de maintenance doit être effectué. 6 Détails sur toute condition d’utilisation anormale qu’a subie l’aéronef Le plus tôt possi condition d’utilis tard avant le pro Détails sur la certification de remise en service après maintenance conditionnelle signée conformément à l’article 571.10 Le plus tôt possi de remise en ser conditionnelle a d’essai, mais au Détails sur les résultats d’un vol d’essai inscrits en vertu du paragraphe 605.85(3) Après le vol d’es prochain vol Détails sur toute défectuosité de pièce ou de l’équipement de l’aéronef qui devient apparente durant des opérations aériennes Le plus tôt possi défectuosité, ma prochain vol Sauf lorsqu’une procédure de remise en Avant le prochai service technique est établie conformément à l’article 706.06, les détails sur toute défectuosité de pièce ou de l’équipement de l’aéronef qui n’a pas été rectifiée avant le prochain vol Détails sur le travail de maintenance ou les travaux élémentaires effectués à l’égard des articles 2, 6, 9 et 10 Current to June 20, 2022 Last amended on March 6, 2022 Le plus tôt possi maintenance ou été effectués, ma prochain vol Canadian Aviation Regulations Part VI — General Operating and Flight Rules SCHEDULE II Section 605.97 DORS/2006-77, art. 24; DORS/2014-131, art. 22; DORS/2015-160, art. 30. SCHEDULE II (Subsections 605.96(1) and (2)) Technical Record for an Airframe, Engine, Propeller or Com Column I Column II Item Particulars to be entered Time of entry Aircraft manufacturer, type, model designation and serial number and, in the case of an airframe, aircraft nationality and registration marks On starting to ke bringing a new v into use, after an manufacturer’s d installation or re or component In the case of an engine, propeller or component, the identification number of the aircraft or higher assembly on which the aeronautical product is, or has been, installed Any features of the configuration of the airframe, engine, propeller or component that would affect its use or its suitability for installation on a higher assembly 2 The details outlining the scheduling On the coming i provisions of any airworthiness directive directive applicable to the airframe, engine, propeller or component, or to any airframe, engine, propeller or component of the same type, and any part thereof The particulars of any abnormal occurrence to No later than 30 which the airframe, engine, propeller or occurrence component has been subjected and that has been recorded in the journey log pursuant to item 6 of Schedule I The particulars of any maintenance performed, including the particulars of any maintenance performed in order to comply with the requirements of an airworthiness directive As soon as pract action is perform the next flight or transferred from 30 days after the performed Total air time and, where applicable, the number of operating cycles or landings since date of manufacture, at the time of each abnormal occurrence or maintenance action recorded pursuant to item 3 or 4 No later than 30 occurrence or m SOR/2006-77, s. 24. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules SCHEDULE II (French) Division IV — Technical Records Section 606.01 ANNEXE II (paragraphes 605.96(1) et (2)) Dossier technique de la cellule, du moteur, de l’hélice ou d Colonne I Colonne II Article Détails à inscrire Moment de l’ins Constructeur, type, modèle et numéro de série de l’aéronef, et dans le cas d’une cellule, les marques de nationalité et d’immatriculation de l’aéronef À la première ut et d’un nouveau technique, et à l des données fig constructeur de Dans le cas d’un moteur, d’une hélice ou d’un l’installation ou composant, le numéro d’identification de l’aé- d’une hélice ou ronef ou de l’élément de niveau supérieur sur lequel le produit aéronautique est ou a été installé Toute particularité de la configuration de la cellule, du moteur, de l’hélice ou du composant qui pourrait modifier son utilisation ou ses possibilités d’installation sur un élément de niveau supérieur 2 Détails sur le calendrier de maintenance des Au moment de l consignes de navigabilité applicables à la consigne de nav cellule, au moteur, à l’hélice, à un composant ou à toute cellule, tout moteur, toute hélice ou tout composant du même type et à toute pièce de ceux-ci Détails sur toute condition d’utilisation anormale qu’a subie la cellule, le moteur, l’hélice ou un composant et qui a été inscrite dans le carnet de route en application de l’article 6 de l’annexe I Dans les 30 jour anormale Détails sur tout travail de maintenance effectué, y compris ceux sur tout travail de maintenance effectué pour satisfaire aux exigences d’une consigne de navigabilité Le plus tôt possi maintenance a é avant le prochai détails retranscr les 30 jours suiv effectué Le temps total dans les airs et, le cas échéant, Dans les 30 jour le nombre d’atterrissages ou de cycles anormale ou le t d’utilisation depuis la date de construction, au moment où chaque condition d’utilisation anormale survient ou chaque travail de maintenance est exécuté, lesquels ont été inscrits en application des articles 3 ou 4 DORS/2006-77, art. 24. Subpart 6 — Miscellaneous Munitions of War 606.01 No person shall carry weapons, ammunition or other equipment designed for use in war on board an aircraft unless the aircraft is a Canadian aircraft or the Minister has authorized the carriage of such equipment. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 6 — Miscellaneous Liability Insurance Section 606.02 Liability Insurance 606.02 (1) This section applies to every owner of an aircraft, other than a remotely piloted aircraft, that is registered in Canada or registered under the laws of a foreign state and operated in Canada, if the owner is not required to subscribe to liability insurance in respect of the aircraft under section 7 of the Air Transportation Regulations. (2) Subject to subsection (3), none of the following aircraft owners shall operate an aircraft unless, in respect of every incident related to the operation of the aircraft, the owner has subscribed for liability insurance covering risks of injury to or death of passengers in an amount that is not less than the amount determined by multiplying $300,000 by the number of passengers on board the aircraft: (a) an air operator; (b) the holder of a flight training unit operator certificate; or (c) the operator of a balloon in which fare-paying passengers are carried on board pursuant to Subpart 3. (3) The insurance coverage referred to in subsection (2) need not extend to any passenger who (a) is an employee of an owner referred to in paragraph (2)(a), (b) or (c), if workers’ compensation legislation governing a claim for damages against the owner by the employee is applicable; or (b) is carried on board the aircraft for the purpose of conducting a parachute descent, where the air operator has posted a readily visible notice to inform passengers, before embarking, that there is no insurance coverage for parachutists. (4) No aircraft owner not referred to in paragraph (2)(a), (b) or (c) shall operate an aircraft of more than 2 268 kg (5,000 pounds) maximum permissible take-off weight unless the owner has, in respect of the aircraft, subscribed for liability insurance covering risks of injury to or death of passengers, other than passengers carried on board that aircraft for the purpose of conducting a parachute descent, in an amount not less than the amount determined by multiplying $300,000 by the number of passengers on board the aircraft. (5) No aircraft owner referred to in paragraph (2)(a), (b) or (c) shall operate an aircraft unless, in respect of every incident related to the operation of the aircraft, the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 6 — Miscellaneous Liability Insurance Section 606.02 owner has subscribed for liability insurance covering risks of public liability in an amount that is not less than (a) $1,000,000, where the maximum permissible takeoff weight of the aircraft is not greater than 3 402 kg (7,500 pounds); (b) $2,000,000, where the maximum permissible takeoff weight of the aircraft is greater than 3 402 kg (7,500 pounds) but not greater than 8 165 kg (18,000 pounds); and (c) where the maximum permissible take-off weight of the aircraft is greater than 8 165 kg (18,000 pounds), $2,000,000 plus an amount determined by multiplying $150 by the number of pounds by which the maximum permissible take-off weight of the aircraft exceeds 8 165 kg (18,000 pounds). (6) No aircraft owner referred to in paragraph (2)(a), (b) or (c) shall, in order to comply with subsections (2), (4) and (5), subscribe for any liability insurance that contains an exclusion or waiver provision that reduces the insurance coverage for any incident below the applicable minimum determined pursuant to those subsections, unless that provision (a) is a standard exclusion clause adopted by the international aviation insurance industry that applies in respect of (i) war, hijacking and other perils, (ii) noise, pollution and other perils, or (iii) radioactive contamination; (b) is in respect of a chemical drift; (c) includes a statement that the insurance does not apply in respect of liability assumed by the owner under any contract or agreement unless the liability would have attached to the owner even in the absence of such a contract or agreement; or (d) includes a statement that the policy is void if the owner has concealed or misrepresented any material fact or circumstance concerning the insurance or the subject thereof or if there is any fraud, attempted fraud or false statement by the owner touching any matter relating to the insurance or the subject thereof, either before or after an incident. (7) An aircraft owner referred to in paragraph (2)(a), (b) or (c) may comply with subsections (2), (4) and (5) by subscribing for comprehensive single limit liability Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 6 — Miscellaneous Liability Insurance Sections 606.02-606.03 insurance that consists of a single policy or a combination of primary and supplementary policies. (8) No aircraft owner not referred to in paragraph (2)(a), (b) or (c) shall operate an aircraft unless, in respect of every incident related to the operation of the aircraft, the owner has subscribed for liability insurance covering risks of public liability in an amount that is not less than (a) $100,000, where the maximum permissible takeoff weight of the aircraft is 1 043 kg (2,300 pounds) or less; (b) $500,000, where the maximum permissible takeoff weight of the aircraft is greater than 1 043 kg (2,300 pounds) but not greater than 2 268 kg (5,000 pounds); (c) $1,000,000, where the maximum permissible takeoff weight of the aircraft is greater than 2 268 kg (5,000 pounds) but not greater than 5 670 kg (12,500 pounds); (d) $2,000,000, where the maximum permissible takeoff weight of the aircraft is greater than 5 670 kg (12,500 pounds) but not greater than 34 020 kg (75,000 pounds); and (e) $3,000,000, where the maximum permissible takeoff weight of the aircraft is greater than 34 020 kg (75,000 pounds). (9) Subject to subsection (10), no owner or operator of an aircraft shall operate the aircraft unless there is carried on board the aircraft proof that liability insurance is subscribed for in accordance with this section. (10) A balloon may be operated without the proof of insurance referred to in subsection (9) being carried on board if that proof is immediately available to the pilotin-command (a) prior to commencing a flight; and (b) on completion of a flight. SOR/2019-11, s. 20. Synthetic Flight Training Equipment 606.03 (1) Except in the case of a remotely piloted aircraft system, no person shall use synthetic flight training equipment to provide training or to conduct a skills assessment required under Part IV, this Part or Part VII, unless there is in force in respect of that equipment a flight simulator certificate or flight training device certificate issued under subsection (2) or an equivalent Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 6 — Miscellaneous Synthetic Flight Training Equipment Section 606.03 approval or certificate issued under the laws of a foreign state with which Canada has an agreement respecting such equipment. (2) The Minister shall, where it is determined that the synthetic flight training equipment meets the standards set out for that equipment in the Aeroplane and Rotorcraft Simulator Manual, issue to the operator of that equipment a flight simulator certificate or flight training device certificate. (3) A certificate issued pursuant to subsection (2) shall set out the following information: (a) the name of the operator of the synthetic flight training equipment; (b) the type, model or series number of aircraft represented; (c) the qualification level of the synthetic flight training equipment; and (d) the date of issuance of the certificate. (4) No certificate issued pursuant to subsection (2) remains in force unless the synthetic flight training equipment in respect of which the certificate has been issued (a) maintains the performance, function and other characteristics that are required for the issuance of the certificate, except in the cases set out in the Simulator Component Inoperative Guide (SCIG); (b) is maintained in accordance with the procedures set out in the Aeroplane and Rotorcraft Simulator Manual; and (c) is changed as required, where the aircraft type, model or series number represented by the synthetic flight training equipment undergoes a change as a result of the issuance of an airworthiness directive or an amendment to this Part or Part VII that affects the training being conducted. (5) A certificate issued pursuant to subsection (2) remains in force where the synthetic flight training equipment in respect of which the certificate has been issued is re-evaluated (a) in the case of a flight simulator, at least every six months; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VI — General Operating and Flight Rules Subpart 6 — Miscellaneous Synthetic Flight Training Equipment Sections 606.03-700.01 (b) in the case of a flight training device, at least every 12 months. (6) Subject to subsection (7), the certificate referred to in subsection (5) remains in force (a) in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated; or (b) in the case of a flight training device, until the first day of the thirteenth month following the month in which the flight training device was evaluated. (7) The Minister may extend the period in respect of which a flight simulator certificate or a flight training device certificate is in force by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected. SOR/2014-131, s. 23; SOR/2019-11, s. 21. Part VII — Commercial Air Services Division I — General Interpretation 700.01 In this Part, acclimatized describes a flight crew member whose biorhythm is aligned with local time; (acclimaté) all-cargo aeroplane means an aeroplane that is equipped and used mainly for the carriage of goods; (avion tout-cargo) areas of operation means areas in which operations are conducted between points in Canada, between points in Canada and points abroad, and between points abroad; (régions d’exploitation) class 1 rest facility means a bunk or other horizontal surface located in an area that (a) is separated from the flight deck and passenger cabin; (b) has devices to control the temperature and light; and (c) is subject to a minimal level of noise and other disturbances; (poste de repos de classe 1) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Interpretation Section 700.01 class 2 rest facility means a seat that allows for a horizontal sleeping position in an area that (a) is separated from passengers by a curtain or other means of separation that reduces light and sound; (b) is equipped with portable oxygen equipment; and (c) minimizes disturbances by passengers and crew members; (poste de repos de classe 2) class 3 rest facility means a seat that reclines at least 40° from vertical and that has leg and foot support; (poste de repos de classe 3) early duty means hours of work that begin between 02:00 and 06:59 at the location where the flight crew member is acclimatized; (service de début de journée) employed on a full-time basis means working for an air operator on a continuous basis for at least the number of hours required to carry out the duties of the position for the safe operation of the commercial air service; (employé à temps plein) extended charter means the charter of a Canadian commercial aircraft to a Canadian or foreign air operator for a period of 21 days or more in order to supplement the fleet of the charterer; (affrètement de durée prolongée) farmer means a person whose primary source of income is derived from the tillage of the soil, the raising of livestock or poultry, dairy farming, the growing of grain, fruit, vegetables or tobacco, or any other operation of a similar nature; (agriculteur) flight crew member on reserve means a flight crew member who has been designated by an air operator to be available to report for flight duty on notice of more than one hour; (membre d’équipage de conduite en réserve) late duty means hours of work that end between midnight and 01:59 at the location where the flight crew member is acclimatized; (service de fin de journée) local night’s rest means a rest period of at least nine hours that takes place between 22:30 and 09:30 at the location where the flight crew member is acclimatized; (nuit de repos locale) main base means a location at which an air operator has personnel, aircraft and facilities for the conducting of aerial work or the operation of an air transport service Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Interpretation Section 700.01 and that is established as the principal place of business of the air operator; (base principale) net take-off flight path means the one-engine-inoperative flight path that starts at a height of 35 feet at the end of the take-off distance required and extends to a height of at least 1,500 feet AGL, reduced at each point by a gradient of climb equal to 0.8 per cent for two-engined aeroplanes, 0.9 per cent for three-engined aeroplanes and 1.0 per cent for four-engined aeroplanes; (trajectoire nette de décollage) night duty means hours of work that begin between 13:00 and 01:59 and that end after 01:59 at a location where the flight crew member is acclimatized; (service de nuit) operations between points abroad means air service operations that are conducted wholly outside Canada for any length of time; (exploitation entre points à l’étranger) reserve availability period means the period in any period of 24 consecutive hours during which a flight crew member on reserve is available to report for flight duty; (période de disponibilité en réserve) reserve duty period means the period that begins at the time that a flight crew member on reserve is available to report for flight duty and ends at the time that the flight duty period ends; (période de service en réserve) single day free from duty means time free from duty from the beginning of the first local night’s rest until the end of the following local night’s rest; (journée isolée sans service) sub-base means a location at which an air operator positions aircraft and personnel and from which operational control is exercised in accordance with the air operator’s operational control system; (base secondaire) types of operation means VFR, VFR at night and IFR operations; (types de vols) types of service means a domestic service, a scheduled international service, a non-scheduled international service and a sightseeing operation; (types de service) window of circadian low means the period that begins at 02:00 and ends at 05:59 at the location where the flight crew member is acclimatized. (phase de dépression circadienne) SOR/2003-121, s. 1; SOR/2009-152, s. 2; SOR/2018-269, s. 10. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Interpretation Sections 700.01-700.02 Exception — Remotely Piloted Aircraft Systems 700.01.1 This Part does not apply in respect of the operation of remotely piloted aircraft systems that include remotely piloted aircraft having a maximum take-off weight 25 kg (55 pounds) or less. SOR/2019-11, s. 22. Requirements for Air Operator Certificate 700.02 (1) No person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service. (2) Subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving (a) the carriage on board of persons other than flight crew members; (b) the carriage of helicopter Class B, C or D external loads; (c) the towing of objects; or (d) the dispersal of products. (3) A person who does not hold an air operator certificate may conduct aerial work involving the dispersal of products if (a) the person is a farmer; (b) the person owns the aircraft that is used to disperse the products; (c) the products are dispersed for agricultural purposes; and (d) the dispersal of the products takes place within 25 miles of the centre of the person’s farm. (4) A person who holds a flight training unit operator certificate may conduct aerial work involving the carriage Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Requirements for Air Operator Certificate Sections 700.02-700.03 of persons other than flight crew members on board a single-engined aircraft if (a) the pilot-in-command is the holder of a valid flight instructor rating in the appropriate category of aircraft; (b) the aircraft is operated in day VFR flight; (c) there are no more than nine passengers on board; and (d) the flight is conducted for the purpose of sightseeing operations. (5) Despite subsections (1) and (2), a person who does not hold an air operator certificate may operate an air transport service, or operate an aeroplane or helicopter to conduct aerial work involving the transport of passengers or goods, if (a) the person holds a private operator registration document; (b) the person operates the air transport service or conducts the aerial work under a management agreement with another person who has transferred to that person legal custody and control of the aircraft used to operate the service or to conduct the work; (c) the management agreement provides that the air transport service is operated or the aerial work is conducted exclusively in support of the activities of the person who has transferred legal custody and control of the aircraft; and (d) no payment is made in relation to the air transport service or the aerial work to a party to the management agreement by or on behalf of a passenger or the owner of a transported good unless the passenger or the owner is the person who has transferred legal custody and control of the aircraft. SOR/99-158, s. 1; SOR/2004-29, s. 7(E); SOR/2014-131, s. 24; SOR/2020-253, s. 9. Authorization to Operate Specialty Air Service Under CUSMA [SOR/2020-150, s. 3] 700.03 (1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a specialty air service in Canada in accordance with Chapter 15 and Annex Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Authorization to Operate Specialty Air Service Under CUSMA Sections 700.03-700.04 I — Schedule of Canada of CUSMA shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Commercial Air Service Standards. (2) The Minister may, on receipt of a request referred to in subsection (1) and where the requirements of the Commercial Air Service Standards are met, issue an authorization containing the conditions under which the specialty air service may be operated. (3) An authorization referred to in subsection (1) is required in addition to an air operator certificate for those persons who are required to hold an air operator certificate pursuant to Subpart 2. SOR/2020-150, s. 5. Eligibility for Air Operator Certificate 700.04 (1) A Canadian is eligible to hold an air operator certificate. (2) A person who is a citizen, permanent resident or corporation of a foreign state is eligible to hold an air operator certificate that authorizes the person to operate an air transport service in Canada if the person (a) holds a similar document of entitlement issued by the foreign state; and (b) meets the requirements of Subpart 1. (3) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico is eligible to hold an air operator certificate that authorizes the person to conduct aerial work in Canada if (a) the aerial work is a specialty air service for which the person may obtain an operating certificate in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA; and (b) the person meets the requirements of Subpart 2. SOR/2020-150, s. 5. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Aircraft Requirements Sections 700.05-700.06 Aircraft Requirements 700.05 (1) Subject to subsection (3), no Canadian air operator shall operate an aircraft in a commercial air service unless (a) a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft; and (b) in the case of an aircraft registered in another contracting state, the Minister has authorized its operation under Part II and, where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V. (2) No air operator that is a citizen, permanent resident or corporation of a foreign state shall operate an aircraft in a commercial air service in Canada unless (a) the aircraft is registered in Canada under Part II or in the foreign state; and (b) where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V. (3) The Minister may authorize the operation of an aircraft in aerial work under Subpart 2 if (a) a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft; or (b) a foreign flight authority that is the equivalent of a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft and validated by the Minister under section 507.05. SOR/2002-112, s. 15. Extended Charter 700.06 No air operator shall operate an aircraft on an extended charter unless the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Extended Charter Sections 700.06-700.09 Management Agreement 700.07 No air operator shall manage another air operator’s operation unless the air operator that manages the operation (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Operations between Points Abroad 700.08 No air operator shall operate an air service between points abroad unless the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Duties of Certificate Holder 700.09 (1) The holder of an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07 shall (a) appoint an operations manager and, where the holder does not hold an approved maintenance organization (AMO) certificate, a maintenance manager; and (b) ensure that the operations manager meets the requirements of (i) section 722.07 of Standard 722 — Aerial Work of the Commercial Air Service Standards, (ii) section 723.07 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards, (iii) section 723.07 of Standard 723 — Air Taxi — Helicopters of the Commercial Air Service Standards, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Duties of Certificate Holder Section 700.09 (iv) section 724.07 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards, (v) section 724.07 of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, or (vi) section 725.07 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards; (c) ensure that the maintenance manager meets the requirements of section 726.03 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards; (d) in the case of the holder of an air operator certificate issued under section 705.07, ensure that the operations manager performs the duties set out in subsection 705.03(2); (e) in the case of the holder of an air operator certificate issued under section 705.07 who is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, ensure that the person responsible for maintenance performs the duties set out in section 705.04; (f) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations; (g) authorize the maintenance manager to remove aircraft from operation, where the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; (h) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151; and (i) conduct reviews of the safety management system to determine its effectiveness. (2) The maintenance manager appointed under paragraph (1)(a) shall be the person responsible for the maintenance control system of the air operator appointed under paragraph 706.03(1)(a). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division I — General Duties of Certificate Holder Sections 700.09-700.10 (3) The holder of an air operator certificate issued under section 705.07 shall ensure that the person managing the safety management system referred to in section 705.153 performs the duties set out in that section. SOR/2005-173, s. 21; SOR/2005-357, s. 6(E); SOR/2019-295, s. 13. Division II — Approach Bans Approach Bans — Non Precision, APV and CAT I Precision 700.10 (1) For the purposes of subsection (3), 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, (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) For the purposes of subsection (3), the visibility with respect to a helicopter is less than the minimum visibility required for a non-precision approach, an APV or a CAT I precision approach if (a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the surface of intended approach is less than 1,200 feet; or (b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the surface of intended approach is less than 1,200 feet. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division II — Approach Bans Approach Bans — Non Precision, APV and CAT I Precision Section 700.10 (3) Where the visibility is less than the minimum visibility set out in subsection (1) or (2), as applicable, no person shall continue a non-precision approach, an APV or a CAT I precision approach in an IFR aircraft unless (a) at the time a visibility report is received, the aircraft has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted; (b) the aircraft is on a training flight where a landing is not intended and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or minimum descent altitude, as appropriate; (c) the RVR is varying between distances less than and greater than the minimum RVR; (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 reported to vary between distances less than and greater than the minimum visibility; (e) a localized meteorological phenomenon is affecting the ground visibility to the extent that the visibility on the approach to the runway of intended approach and along that runway, as observed by the pilot-incommand in flight and reported immediately to ATS, if available, is equal to or greater than the advisory visibility specified in the Canada Air Pilot in respect of the runway of intended approach for the instrument approach procedure conducted; or (f) the approach is conducted in accordance with section 703.41, 704.37 or 705.48. (4) No pilot-in-command of an IFR aircraft operated under this Part shall commence a non-precision approach, an APV or a CAT I precision approach to an airport where low-visibility procedures are in effect. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division II — Approach Bans Approach Bans — Non Precision, APV and CAT I Precision Sections 700.10-700.12 TABLE Approach Bans — Visibility Column I1 Column II Canada Air Pilot Advisory Visibility Visibility Report Item Statute miles RVR in feet Statute miles Feet 1/2 2 600 3/8 1 600 3/4 4 000 5/8 3 000 5 000 3/4 4 000 1 1/4 5 000 1 1/2 1 1/4 6 000 1 3/4 1 1/2 greater than 6 000 1 1/2 greater than 6 000 2 1/4 1 3/4 greater than 6 000 2 1/2 greater than 6 000 2 3/4 2 1/4 greater than 6 000 2 1/4 greater than 6 000 SOR/2006-199, s. 15. Approach Bans — CAT II and CAT III Precision 700.11 No pilot-in-command of an IFR aircraft operated under this Part who is conducting a CAT II or CAT III precision approach shall continue the approach beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted. SOR/2006-199, s. 15. Division II.1 — Portable Electronic Devices 700.12 Despite subsection 602.08(1), an air operator that operates an aircraft under Subpart 3, 4 or 5 of Part VII may permit the use of a PED on board an aircraft if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division II.1 — Portable Electronic Devices Sections 700.12-700.18 the air operator has validated that the use of the PED will not adversely affect the operation of the aircraft or the functioning of the aircraft’s systems or equipment during any phase of the flight. SOR/2019-296, s. 7. 700.12.1 An air operator that permits the use of a PED shall keep an up-to-date record of the following and provide a copy to the Minister on request: (a) the type, series and model of aircraft on which the air operator permits the use of a PED; and (b) for each aircraft referred to in paragraph (a), documents demonstrating that the use of a PED will not adversely affect the operation of the aircraft or the functioning of the aircraft’s systems or equipment during any phase of the flight. SOR/2019-296, s. 7. 700.12.2 If an air operator suspects that a PED whose use it has permitted may adversely affect, or is adversely affecting, the operation of an aircraft or the functioning of an aircraft’s systems or equipment, the air operator shall (a) immediately prohibit the use of the PED; and (b) as soon as practicable, submit to the Minister a report of the adverse effects on the operation of the aircraft or the functioning of the aircraft’s systems or equipment that are caused, or possibly caused, by the use of the PED. SOR/2019-296, s. 7. 700.13 [Reserved, SOR/2018-269, s. 13] 700.14 [Reserved, SOR/2018-269, s. 13] 700.15 [Reserved, SOR/2018-269, s. 13] 700.16 [Reserved, SOR/2018-269, s. 13] 700.17 [Reserved, SOR/2018-269, s. 13] 700.18 [Reserved, SOR/2018-269, s. 13] [700.13 to 700.18 reserved] SOR/2018-269, s. 13; SOR/2019-296, s. 11. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Sections 700.19-700.20 Division III — Flight Crew Member Fatigue Management [SOR/2006-199, s. 15; SOR/2018-269, s. 18] Non-application and Interpretation 700.19 (1) This Division does not apply (a) to an air operator who operates an aircraft under Subpart 2 of this Part or to a flight crew member who operates an aircraft under that Subpart; or (b) to an air operator who conducts a medical evacuation flight or to a flight crew member who operates an aircraft to conduct such a flight. (2) For the purposes of this Division, references to a time of day are (a) if a flight crew member is acclimatized, references to the local time at their location; or (b) if a flight crew member is not acclimatized, references to the local time at the last location where the member was acclimatized. SOR/2018-269, s. 13. Monitoring System and Records 700.20 (1) An air operator shall have a system that monitors the flight times, flight duty periods, hours of work and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system. (2) An air operator shall, for each flight crew member, keep a record of (a) all flight times; (b) the start and end times as well as the duration of each flight duty period; (c) the start and end times as well as the duration of each duty period; (d) the start and end times as well as the duration of each rest period; and (e) all time free from duty. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Monitoring System and Records Sections 700.20-700.26 (3) An air operator shall keep a record of all notifications provided to it by a pilot-in-command under subsection 700.63(4). (4) An air operator shall keep the records referred to in this section for a period of 24 months after the day on which they are made. SOR/2018-269, s. 13. Air Operator Obligations — Scheduling 700.21 (1) An air operator shall provide a flight crew member with their schedule sufficiently in advance for them to plan for adequate rest. (2) An air operator shall, on a monthly basis, determine if a flight crew member’s maximum flight duty period with respect to a flight is exceeded more than 10% of the time in a period of 90 consecutive days. (3) If an air operator determines that more than 10% of a flight crew member’s maximum flight duty periods are exceeded as a result of an unforeseen operational circumstance, the air operator shall change the schedule or the flight crew member pairing for the flight not later than 28 days after the day on which the determination is made. (4) If the air operator sets schedules on a seasonal basis, the changes referred to in subsection (3) may be delayed until the beginning of the same season in the following year. SOR/99-158, s. 3; SOR/2018-269, s. 13. 700.22 [Reserved, SOR/2018-269, s. 13] 700.23 [Reserved, SOR/2018-269, s. 13] [700.22 to 700.25 reserved] Fitness for Duty 700.26 (1) An air operator shall not allow a flight crew member to begin a flight duty period if, before the beginning of the period, the member advises the air operator that they are fatigued to the extent that they are not fit for duty. (2) A flight crew member shall advise every other flight crew member and the air operator as soon as the member becomes aware that they have become fatigued during a flight duty period to the extent that they are not fit for duty. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Fitness for Duty Sections 700.26-700.28 (3) If there is only one flight crew member on board the aircraft, and the member becomes aware during a flight duty period that they have become fatigued to the extent that they are not fit for duty, they shall advise the air operator immediately or, if the aircraft is in flight, as soon as possible after the aircraft has landed. (4) If a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time, maximum flight duty period or maximum number of hours of work being exceeded, the member or other person shall advise the air operator as soon as possible. (5) If a flight crew member or any other person becomes aware that the member was not granted their rest period or time free from duty, the member or other person shall advise the air operator as soon as possible. SOR/2018-269, s. 13. Maximum Flight Time 700.27 (1) An air operator shall not assign flight time to a flight crew member, and a flight crew member shall not accept such an assignment, if the member’s total flight time will, as a result, exceed (a) 112 hours in any 28 consecutive days; (b) 300 hours in any 90 consecutive days; (c) 1,000 hours in any 365 consecutive days; or (d) in the case of a single-pilot operation, 8 hours in any 24 consecutive hours. (2) For the purpose of subsection (1), a flight crew member’s flight time includes (a) the flight time accumulated from other flight operations; and (b) the total flight time of a flight with an augmented flight crew. SOR/2018-269, s. 13. Maximum Flight Duty Period 700.28 (1) An air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if the flight duty period exceeds the maximum flight duty period set out in this section. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Flight Duty Period Section 700.28 (2) If the average duration of all scheduled flights is less than 30 minutes, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection is the number of hours set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period. TABLE Maximum Flight Duty Period — Average Flight Duration o Column 1 Column 2 Item Start Time of Flight Duty Period 1 to 11 Fligh 24:00 to 03:59 9 hours 04:00 to 04:59 10 hours 05:00 to 05:59 11 hours 06:00 to 06:59 12 hours 07:00 to 12:59 13 hours 13:00 to 16:59 12.5 hours 17:00 to 21:59 12 hours 22:00 to 22:59 11 hours 23:00 to 23:59 10 hours TABLEAU Période maximale de service de vol — durée moyenne de Colonne 1 Colonne 2 Article Début de la période de service de vol 1 à 11 vols 0 h à 3 h 59 9 heures 4 h à 4 h 59 10 heures 5 h à 5 h 59 11 heures 6 h à 6 h 59 12 heures 7 h à 12 h 59 13 heures 13 h à 16 h 59 12,5 heures 17 h à 21 h 59 12 heures 22 h à 22 h 59 11 heures 23 h à 23 h 59 10 heures Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Flight Duty Period Section 700.28 (3) If the average duration of all scheduled flights is 30 minutes or more but less than 50 minutes, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection shall not exceed the number of hours set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period. TABLE Maximum Flight Duty Period — Average Flight Duration o Column 1 Column 2 Item Start Time of Flight Duty Period 1 to 7 Flights 24:00 to 03:59 9 hours 04:00 to 04:59 10 hours 05:00 to 05:59 11 hours 06:00 to 06:59 12 hours 07:00 to 12:59 13 hours 13:00 to 16:59 12.5 hours 17:00 to 21:59 12 hours 22:00 to 22:59 11 hours 23:00 to 23:59 10 hours TABLEAU Période maximale de service de vol — durée moyenne de Colonne 1 Colonne 2 Article Début de la période de service de vol 1 à 7 vols 0 h à 3 h 59 9 heures 4 h à 4 h 59 10 heures 5 h à 5 h 59 11 heures 6 h à 6 h 59 12 heures 7 h à 12 h 59 13 heures 13 h à 16 h 59 12,5 heures 17 h à 21 h 59 12 heures 22 h à 22 h 59 11 heures 23 h à 23 h 59 10 heures (4) If the average duration of all scheduled flights is 50 minutes or more, the maximum period of a flight duty period that begins during a period set out in column 1 of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Flight Duty Period Section 700.28 the table to this subsection shall not exceed the number of hours set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period. TABLE Maximum Flight Duty Period — Average Flight Duration o Column 1 Column 2 Item Start Time of Flight Duty Period 1 to 4 Flight 24:00 to 03:59 9 hours 04:00 to 04:59 10 hours 05:00 to 05:59 11 hours 06:00 to 06:59 12 hours 07:00 to 12:59 13 hours 13:00 to 16:59 12.5 hours 17:00 to 21:59 12 hours 22:00 to 22:59 11 hours 23:00 to 23:59 10 hours TABLEAU Période maximale de service de vol — durée moyenne de Colonne 1 Colonne 2 Article Début de la période de service de vol 1 à 4 vols 0 h à 3 h 59 9 heures 4 h à 4 h 59 10 heures 5 h à 5 h 59 11 heures 6 h à 6 h 59 12 heures 7 h à 12 h 59 13 heures 13 h à 16 h 59 12,5 heures 17 h à 21 h 59 12 heures 22 h à 22 h 59 11 heures 23 h à 23 h 59 10 heures (5) For the purposes of subsections (2) to (4), a flight crew member is considered to be acclimatized if (a) in the case of a time zone difference of less than four hours between local time and the time at the last location where the member was acclimatized, any rest Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Flight Duty Period Section 700.28 periods required under these Regulations have been provided and the member has spent 72 hours in the same time zone; (b) in the case of a time zone difference of four hours or more between local time and the time at the last location where the member was acclimatized, any rest periods required under these Regulations have been provided and the member has spent 96 hours in the same time zone; or (c) the member has spent 24 hours in the same time zone for each hour of difference between local time and the time at the last location where the member was acclimatized. (6) For the purposes of subsections (2) to (4), positioning is not to be considered a flight. (7) For the purposes of subsection (5), the Canadian time zones are Pacific, Mountain, Central, Eastern, and the Atlantic time zone, which includes Newfoundland and Labrador. (8) The flight duty period for a flight crew member on standby begins at the time at which they report for duty at the location designated by the air operator. (9) When all flights are conducted under day VFR, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection shall not exceed the number of hours set out in column 2. TABLE Maximum Flight Duty Period — Flights Conducted Under Column 1 Item Start Time of Flight Duty Period 24:00 to 03:59 04:00 to 04:59 05:00 to 05:59 06:00 to 06:59 07:00 to 12:59 13:00 to 16:59 17:00 to 21:59 22:00 to 22:59 23:00 to 23:59 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Flight Duty Period Sections 700.28-700.29 TABLEAU Période maximale de service de vol — vols effectués en v Colonne 1 Article Début de la période de service de v 0 h à 3 h 59 4 h à 4 h 59 5 h à 5 h 59 6 h à 6 h 59 7 h à 12 h 59 13 h à 16 h 59 17 h à 21 h 59 22 h à 22 h 59 23 h à 23 h 59 SOR/2018-269, s. 13. Maximum Number of Hours of Work 700.29 (1) An air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if, as a result, the member’s number of hours of work will exceed (a) 2,200 hours in any 365 consecutive days; (b) 192 hours in any 28 consecutive days; (c) 60 hours in any 7 consecutive days if the air operator has provided the member with the following time free from duty: (i) 1 single day free from duty in any 168 consecutive hours, and (ii) 4 single days free from duty in any 672 consecutive hours; or (d) 70 hours in any 7 consecutive days if the air operator has provided 120 consecutive hours free from duty, including 5 consecutive local nights’ rest, in any 504 consecutive hours and if (i) the member is not assigned early duty, late duty or night duty, (ii) the member is not assigned a flight duty period greater than 12 hours, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Number of Hours of Work Sections 700.29-700.40 (iii) the member’s maximum number of hours of work is 24 hours in any consecutive 48 hours. (2) An air operator who has assigned to a flight crew member a flight duty period that will result in the member’s number of hours of work exceeding those referred to in paragraph (1)(d) shall ensure that the member has 120 consecutive hours free from duty, including 5 consecutive local nights’ rest, before assigning a flight duty period that will result in the member’s number of hours of work exceeding those referred to in paragraph (1)(c). (3) A flight crew member’s hours of work are to include (a) in the case of a flight crew member on reserve, 33% of the time that they are in a reserve availability period; and (b) in the case of a flight crew member on standby, 100% of the time that they are on standby. SOR/2018-269, s. 13. [700.30 to 700.35 reserved] Home Base 700.36 An air operator shall assign a home base for each of its flight crew members. SOR/2018-269, s. 13. Nutrition Break 700.37 An air operator shall provide a flight crew member with not less than 15 minutes every 6 hours within a flight duty period to eat and drink. SOR/2018-269, s. 13. [700.38 and 700.39 reserved] Rest Periods — General 700.40 (1) An air operator shall provide a flight crew member with the following rest periods at the end of a flight duty period: (a) if the flight duty period ends at home base, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Rest Periods — General Sections 700.40-700.41 (i) either 12 hours, or 11 hours plus the travel time to and from the place where the rest period is taken, or (ii) if the air operator provides suitable accommodation, 10 hours in that suitable accommodation; and (b) if the flight duty period ends away from home base, 10 hours in suitable accommodation. (2) If an air operator assigns a duty to a flight crew member for a period — excluding the time required for positioning — that exceeds by one hour or more the maximum flight duty period referred to in section 700.28, the rest period shall be the longer of (a) the maximum flight duty period plus the amount of time worked beyond the maximum flight duty period, and (b) the rest period referred to in subsection (1). (3) An air operator shall have a means to determine the travel time referred to in subparagraph (1)(a)(i). (4) An air operator shall provide a flight crew member with advance notice of the member’s rest period and its duration. SOR/2018-269, s. 13. Disruptive Schedules 700.41 (1) In addition to the rest periods required under section 700.40, an air operator shall provide a flight crew member with one local night’s rest between (a) the time at which late duty or night duty ends and the time at which the following early duty begins; or (b) the time at which early duty ends and the time at which the following late duty or night duty begins. (2) Subsection (1) does not apply when a flight crew member is at a location where local time differs by more than four hours from the local time at the last location where the member was acclimatized. SOR/2018-269, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Rest Periods — Time Zone Differences Section 700.42 Rest Periods — Time Zone Differences 700.42 (1) Despite section 700.40, an air operator shall provide a flight crew member with the following rest periods when their flight duty period ends away from home base: (a) 11 consecutive hours in suitable accommodation, if the local time at the location where the flight duty period began differs by four hours from the local time at the location where the flight duty period ends; and (b) 14 consecutive hours in suitable accommodation, if the local time at the location where the flight duty period began differs by more than four hours from the local time at the location where the flight duty period ends. (2) Despite section 700.40, an air operator shall provide a flight crew member with the following rest periods when their flight duty period begins at a location that is in a time zone other than the time zone in which home base is located and ends at home base: (a) 13 consecutive hours, if the local time at the location where the flight duty period began differs by four hours from the local time at home base and the member has been away from home base for more than 36 consecutive hours; (b) if the local time at the location where the flight duty period began differs by more than 4 but not more than 10 hours from the local time at home base, and (i) the member has been away from home base for 60 consecutive hours or less and no part of the flight duty period occurs during any part of the member’s window of circadian low, one local night’s rest before the beginning of the next flight duty period, or (ii) the member has been away from home base for more than 60 consecutive hours, or any part of the flight duty period occurs within any part of the member’s window of circadian low, two local nights’ rest before the beginning of the next flight duty period; or (c) if the local time at the location where the flight duty period began differs by more than 10 hours from the local time at home base and (i) the member has been away from home base for 60 consecutive hours or less, two local nights’ rest Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Rest Periods — Time Zone Differences Sections 700.42-700.43 before the beginning of the next flight duty period, or (ii) the member has been away from home base for more than 60 consecutive hours, three local nights’ rest before the beginning of the next flight duty period. SOR/2018-269, s. 13. Rest Period — Positioning 700.43 (1) If a flight crew member is required by the air operator to travel for the purpose of positioning immediately after the completion of a flight duty period and the flight duty period plus the travel time required for positioning exceed the maximum flight duty period set out in section 700.28, the air operator shall provide the member with a rest period before the beginning of the next flight duty period that is equal to the duration of (a) the number of hours of work, if the maximum flight duty period is exceeded by three hours or less; or (b) the number of hours of work plus the amount of time by which the maximum flight duty period is exceeded, if the maximum flight duty period is exceeded by more than three hours. (2) Despite subsection (1), the rest period provided to the member by the air operator before the beginning of the next flight duty period shall not be shorter than the rest period required under subsection 700.40(1). (3) An air operator shall not require the positioning of a flight crew member if it would result in the member’s maximum flight duty period being exceeded by more than three hours unless (a) the member agrees to the positioning; and (b) the member’s flight duty period is not exceeded by more than seven hours. (4) An air operator shall consider the time required for the positioning of a flight crew member, that is not immediately followed by the assignment of a flight duty period, as a flight duty period for the purpose of determining the duration of the rest periods in accordance with section 700.40. SOR/2018-269, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Rest Period — Positioning Sections 700.50-700.51 [700.44 to 700.49 reserved] Split Flight Duty 700.50 (1) A flight crew member’s flight duty period may exceed the maximum flight duty period set out in section 700.28 by the following amount of time, if the air operator provides the member with a break, in suitable accommodation, of at least 60 consecutive minutes during the flight duty period: (a) 100% of the duration of the break that is provided to the member during the period beginning at 24:00 and ending at 05:59; (b) 50% of the duration of the break that is provided to the member during the period beginning at 06:00 and ending at 23:59; and (c) in the case of an unforeseen operational circumstance, 50% of the duration of the break that is provided to the member in the case of the replanning of a flight duty period after it has begun. (2) For the purposes of subsection (1), the duration of the break provided to the flight crew member is reduced by 45 minutes before the calculation is made. (3) If a flight crew member is assigned to night duty, their flight duty period may only be extended under subsection (1) for three consecutive nights. (4) The time referred to in paragraphs (1)(a) and (b) is the time at the location where the flight crew member is acclimatized. (5) If a flight crew member on reserve is assigned to flight duty that includes split duty, the air operator may extend the reserve duty period by two hours if a break in accordance with this section is provided. There shall not be more than two flights during the flight duty period following the break. SOR/2018-269, s. 13. Consecutive Flight Duty Periods 700.51 (1) An air operator shall not assign to a flight crew member more than three consecutive flight duty periods if any part of those periods falls between 02:00 and 05:59, unless the air operator provides the member with one local night’s rest at the end of the third flight duty period. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Consecutive Flight Duty Periods Sections 700.51-700.52 (2) However, an air operator may assign to a flight crew member up to five consecutive flight duty periods even if any part of those periods falls between 02:00 and 05:59 if the member is provided with (a) a rest period of three hours in suitable accommodation during each flight duty period; and (b) 56 consecutive hours free from duty at the end of the last consecutive flight duty period. SOR/2018-269, s. 13. Delayed Reporting Time 700.52 (1) If an air operator advises a flight crew member of a delay in the member’s reporting time before the member leaves their suitable accommodation to report for duty, the duration of the flight duty period shall, for the purposes of determining the maximum flight duty period in accordance with section 700.28, be calculated starting from either the initial reporting time or the delayed reporting time, whichever results in the shorter period. (2) Despite subsection (1), the flight duty period shall begin, if the delay in the reporting time (a) is less than four hours, at the delayed reporting time; or (b) is four hours or more but less than 10 hours, four hours after the initial reporting time. (3) If the delay in the reporting time is 10 hours or more, the duration of the delay is considered to be a rest period if the air operator advises the flight crew member of the delay before they leave the suitable accommodation, and does not disturb their rest period before an agreed time. (4) Unless the air operator and flight crew member agree on a time when the air operator may disturb the member’s rest period referred to in subsection (3), the air operator shall not interrupt the member’s rest period other than (a) during the 30-minute period before the time the member was initially scheduled to leave the suitable accommodation; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Delayed Reporting Time Sections 700.52-700.60 (b) during the 60-minute period before the initial reporting time. SOR/2018-269, s. 13. [700.53 to 700.59 reserved] Maximum Flight Duty Period — Augmented Flight Crew and Rest Facilities 700.60 (1) Despite section 700.28, if the air operator assigns for a flight the number of additional flight crew members set out in column 2 of the table to this subsection and provides, for each additional member, the corresponding rest facility set out in column 3, the maximum flight duty period is the period set out in column 1. TABLE Maximum Flight Duty Period — Augmented Flight Crew a Column 1 Colum Item Maximum Flight Duty Period (Hours) Addit 15.25 16.50 TABLEAU Période maximale de service de vol — équipage de condu Colonne 1 Colonn Article Période maximale de service de vol (heures) Memb additio 15,25 16,50 (2) The maximum flight duty period set out in subsection (1) applies only to a flight duty period during which there are three or fewer flights if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Maximum Flight Duty Period — Augmented Flight Crew and Rest Facilities Section 700.60 (a) for a flight duty period during which there is one flight, all flight crew members are provided with inflight rest in a rest facility; and (b) for a flight duty period during which there are two or three flights, (i) the flight crew member who will be at the controls for the final landing is provided with two consecutive hours of in-flight rest in a rest facility; and (ii) all other flight crew members are provided with 90 consecutive minutes of in-flight rest in a rest facility. (3) A flight crew member’s flight duty period shall include all of the time spent in the rest facility. (4) The flight duty period for all flight crew members shall begin and end at the same location. However, for a period during which there is more than one flight and the first flight is scheduled to be less than 105 minutes long, an air operator may assign additional flight crew members to join a flight after the first flight, but all flight crew members shall end their flight duty period at the same location. (5) At least one additional flight crew member shall be on the flight deck during all take-offs and landings, other than for the first flight, if additional flight crew members join the flight after the first flight in the case referred to in subsection (4). (6) In-flight rest shall occur between the time at which the aircraft reaches 3 048 m (10,000 feet) above aerodrome elevation and 15 minutes before the scheduled beginning of the descent. (7) If a flight duty period has been extended, an air operator shall provide each flight crew member with a rest period that is the longer of (a) the duration of the duty period just completed, and (b) 14 hours in suitable accommodation, or 16 hours when the member’s duty period ends at home base. SOR/2018-269, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Long-range Flights Sections 700.61-700.63 Long-range Flights 700.61 An air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if the flight duty period occurs within the member’s window of circadian low and includes a flight that follows a scheduled flight of more than seven hours. SOR/2018-269, s. 13. Ultra Long-range Flights 700.62 (1) An air operator shall not assign a flight duty period of more than 18 hours to a flight crew member and a member shall not accept such an assignment. (2) An air operator shall not assign a flight crew member to a flight with a scheduled flight time of more than 16 hours, and a member shall not accept such an assignment. SOR/2018-269, s. 13. Unforeseen Operational Circumstances — Flight Duty Period and Rest Period 700.63 (1) If the pilot-in-command is of the opinion that an unforeseen operational circumstance that occurs within 60 minutes of the beginning of the flight duty period could lead to a level of fatigue that may adversely affect the safety of the flight, the pilot-in-command may, after consulting with all crew members on their level of fatigue, (a) reduce a flight crew member’s flight duty period; (b) extend a flight crew member’s flight duty period by the following number of hours in excess of the maximum flight duty period set out in section 700.28 or subsection 700.60(1) by (i) one hour for a single-pilot operation, (ii) two hours, if the flight crew is not augmented, (iii) three hours, if the flight crew is augmented and there is one flight during the scheduled flight duty period, and (iv) two hours, if the flight crew is augmented and there are two or three flights during the scheduled flight duty period; or (c) extend a flight crew member’s rest period. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Unforeseen Operational Circumstances — Flight Duty Period and Rest Period Sections 700.63-700.70 (2) If a further unforeseen operational circumstance arises after take-off on the final flight for which the maximum flight duty period was extended under subsection (1), the pilot-in-command may, despite that subsection, continue the flight to the destination aerodrome or to an alternate aerodrome. (3) An air operator shall extend the rest period after a flight duty period is extended under this section by an amount of time that is at least equal to the extension of the flight duty period. (4) At the end of a flight duty period, the pilot-in-command shall notify the air operator of any change to a flight duty period made under this section. SOR/2018-269, s. 13. Unforeseen Operational Circumstances — Split Flight Duty 700.64 (1) In the event of an unforeseen operational circumstance that occurs after the beginning of the flight duty period, an air operator may change a flight crew member’s flight duty period to include a split flight duty in accordance with section 700.50 if the pilot-in-command agrees and the change is made before the scheduled break on the ground. (2) The pilot-in-command shall not agree to the change if they are of the opinion, after consulting with all other crew members, that a split flight duty period could lead to a level of fatigue that may adversely affect the safety of the flight. SOR/2018-269, s. 13. [700.65 to 700.69 reserved] Flight Crew Member on Reserve 700.70 (1) An air operator shall notify a flight crew member on reserve of the start and end times of the reserve availability period and the location where it will take place no later than (a) 12 hours before the start time of the reserve availability period, if no part of that period falls during the member’s window of circadian low; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Flight Crew Member on Reserve Section 700.70 (b) 32 hours before the start time of the reserve availability period, if any part of that period falls during the member’s window of circadian low. (2) An air operator shall not change the start time of a reserve availability period of a flight crew member by (a) more than two hours before, or four hours after, the start time that was communicated to the flight crew member under subsection (1); or (b) more than eight hours before or after the start time that was communicated to the member under subsection (1) in any period of 168 consecutive hours, unless the member is provided with two consecutive days free from duty within that period. (3) If the start time of a reserve availability period is changed to a time after 02:00, the air operator shall not assign another reserve availability period to the flight crew member unless the member is provided with two consecutive days free from duty before the start time of that period. (4) An air operator shall not change the start time of a reserve availability period so that it falls in a flight crew member’s window of circadian low unless the air operator notifies the member of the change at least 24 hours before the revised start time. (5) An air operator shall not assign to a flight crew member a reserve availability period that exceeds 14 consecutive hours. (6) An air operator shall provide a flight crew member with a rest period of at least 10 consecutive hours between reserve availability periods. (7) An air operator shall not assign to a flight crew member a reserve duty period that exceeds (a) 18 consecutive hours, if the period begins between 02:00 and 17:59; (b) 17 consecutive hours, if the period begins between 18:00 and 18:59; (c) 16 consecutive hours, if the period begins between 19:00 and 20:59; (d) 15 consecutive hours, if the period begins between 21:00 and 22:59; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Flight Crew Member on Reserve Section 700.70 (e) 14 consecutive hours, if the period begins between 23:00 and 01:59. (8) Despite subsection (7), an air operator may assign to a flight crew member a reserve duty period of (a) no more than 20 hours, if the flight crew is augmented by one additional flight crew member and a class 1 rest facility or a class 2 rest facility is provided for the member; (b) no more than 22 hours, when the reserve availability period begins between 21:00 and 03:00 at the location where the flight crew member is acclimatized, if the flight crew is augmented by two additional flight crew members and a class 1 rest facility or a class 2 rest facility is provided for each of the members; or (c) no more than 26 hours, when the reserve availability period begins before 21:00 or after 03:00 at the location where the flight crew member is acclimatized, if the flight crew is augmented by two additional flight crew members and a class 1 rest facility is provided for each of the members. (9) If the reserve availability period begins between 02:00 and 05:59 at the location where the flight crew member is acclimatized and the member is not contacted by the air operator during that period, the air operator may extend the reserve availability period by two hours or 50% of the reserve availability period that falls between 02:00 and 05:59, whichever is shorter. (10) An air operator shall not assign to a flight crew member a flight duty period that exceeds the maximum reserve duty period set out in subsection (7) or (8) or the maximum flight duty period set out in section 700.28, whichever is shorter, unless the air operator (a) provides the member with at least 24 hours’ notice of the assignment before the beginning of the flight duty period; (b) does not provide the notice during the period that begins at 22:30 and ends at 7:30; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Flight Crew Member on Reserve Sections 700.70-700.72 (c) assigns no duties to the member between the time the notice is provided and the beginning of the flight duty period. SOR/2018-269, s. 13. Flight Crew Member on Standby 700.71 (1) The air operator shall provide a flight crew member on standby with a place that provides adequate protection from the elements, where it is possible to sit and to access food and drink and, if possible, that is not accessible to the public. (2) If the flight crew member on standby is not assigned to flight duty, the air operator shall provide them with the following rest periods: (a) if the member is at home base, (i) 12 hours, or 11 hours plus the travel time to or from the member’s lodging, or (ii) if the air operator provides suitable accommodation, 10 hours in that suitable accommodation; or (b) if the member is away from home base, 10 hours. SOR/2018-269, s. 13. Controlled Rest on Flight Deck 700.72 (1) A flight crew member shall not take a controlled rest on the flight deck of an aircraft that is operated by an air operator unless (a) the rest is 45 minutes or less, is taken during the cruise portion of the flight and is completed at least 30 minutes before the scheduled beginning of the descent; (b) no other flight crew member is taking a rest at that time; and (c) at least two flight crew members remain on the flight deck. (2) Before taking a controlled rest on the flight deck, a flight crew member shall Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division III — Flight Crew Member Fatigue Management Controlled Rest on Flight Deck Sections 700.72-700.101 (a) transfer their duties to a flight crew member who is not taking a rest; (b) review the status of the flight, including any specific duties to be performed during the rest; (c) review the wake-up criteria; and (d) advise the flight attendants of the start and end times of the rest. (3) A flight crew member who takes a controlled rest on the flight deck shall not assume any duties, and no other flight crew member shall transfer any duties to them, until 15 minutes after the end of the rest. (4) When a flight crew member returns to duty, another flight crew member shall provide them with an operational briefing. SOR/2018-269, s. 13. [700.73 to 700.99 reserved] Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Application and Interpretation 700.100 (1) This Division applies to an air operator who conducts a medical evacuation flight and to a flight crew member who operates an aircraft to conduct such a flight. (2) This Division does not apply to an air operator who operates an aircraft under Subpart 2 of this Part or to a flight crew member who operates an aircraft under that Subpart. (3) For the purposes of this Division, a flight to position an aircraft before or after a medical evacuation flight is considered to be a medical evacuation flight. SOR/2018-269, s. 13. Monitoring System and Records 700.101 (1) An air operator shall have a system that monitors the flight times, flight duty periods and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Monitoring System and Records Sections 700.101-700.103 (2) If a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time referred to in section 700.103 or the maximum flight duty period referred to in section 700.104 being exceeded, the person shall advise the air operator as soon as possible. SOR/2018-269, s. 13. Fitness for Duty 700.102 (1) An air operator shall not allow a flight crew member to begin a flight duty period if, before the beginning of the period, the member advises the air operator that they are fatigued to the extent that they are not fit for duty. (2) A flight crew member shall advise every other flight crew member and the air operator as soon as the member becomes aware that they have become fatigued during a flight duty period to the extent that they are not fit for duty. (3) If there is only one flight crew member on board the aircraft, and the member becomes aware during a flight duty period that they have become fatigued to the extent that they are not fit for duty, they shall advise the air operator immediately or, if the aircraft is in flight, as soon as possible after the aircraft has landed. (4) If a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time or maximum flight duty period being exceeded, the member or other person shall advise the air operator as soon as possible. (5) If a flight crew member or any other person becomes aware that the member was not granted their rest period or time free from duty, the member or other person shall advise the air operator as soon as possible. SOR/2018-269, s. 13. Maximum Flight Time 700.103 (1) An air operator shall not assign a flight crew member for flight time, and a flight crew member shall not accept such an assignment, if the member’s total flight time will, as a result, exceed (a) if the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, 40 hours in any 7 consecutive days; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Maximum Flight Time Sections 700.103-700.117 (b) if the flight is conducted under Subpart 3, or is conducted using a helicopter, 60 hours in any 7 consecutive days; (c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days; (d) 300 hours in any 90 consecutive days; (e) 1,200 hours in any 365 consecutive days; or (f) in the case of a single-pilot operation, 8 hours in any 24 consecutive hours. (2) For the purpose of subsection (1), a flight crew member’s flight time includes (a) the flight time accumulated from other flight operations; and (b) the total flight time of a flight with an augmented flight crew. SOR/2018-269, s. 13. Maximum Flight Duty Period 700.104 An air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if the flight duty period exceeds 14 hours. SOR/2018-269, s. 13. [700.105 to 700.115 reserved] Rest Period — General 700.116 (1) An air operator shall provide a flight crew member, at the end of a flight duty period, with a rest period of 10 hours plus the travel time to and from the place where the rest period is taken. (2) An air operator shall provide a flight crew member with advance notice of the member’s rest period and its duration. SOR/2018-269, s. 13. Rest Period — Positioning 700.117 If a flight crew member is required by the air operator to travel for the purpose of positioning after the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Rest Period — Positioning Sections 700.117-700.120 completion of a flight duty period, the air operator shall provide the flight crew member with an additional rest period at least equal to one-half the time spent travelling that is in excess of the flight crew member’s maximum flight duty period. SOR/2018-269, s. 13. Split Flight Duty 700.118 (1) If a flight duty period includes a rest period, an air operator may assign to a flight crew member a flight duty period that exceeds the maximum flight duty period referred to in section 700.104, by one-half the length of the rest period referred to in paragraph (b), to a maximum of three hours, if (a) the air operator provides the member with notice, before the beginning of the flight duty period, of the extension of flight duty period; (b) the air operator provides the member with a rest period of at least four consecutive hours in suitable accommodation; and (c) the member’s rest period is not interrupted by the air operator. (2) An air operator shall extend the rest period after a flight duty period referred to in subsection (1) by an amount that is at least equal to the length of the extension to the flight duty period. SOR/2018-269, s. 13. Time Free from Duty 700.119 (1) An air operator shall provide each flight crew member with the following time free from duty: (a) at least 36 consecutive hours in 7 days; and (b) at least 3 consecutive days in 17 days. (2) An air operator shall provide a flight crew member with advance notice of the member’s time free from duty and its duration. SOR/2018-269, s. 13. Consecutive Flight Duty Periods 700.120 An air operator shall provide a flight crew member with at least 24 consecutive hours free from Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Consecutive Flight Duty Periods Sections 700.120-700.131 flight duty following three consecutive flight duty period assignments that exceed 12 consecutive hours unless the member has received a rest period of at least 24 consecutive hours free from flight duty between each flight duty period assignment. SOR/2018-269, s. 13. Delayed Reporting Time 700.121 If an air operator advises a flight crew member, before the member leaves a rest facility, of a delay in excess of three hours in the member’s reporting time, the member’s flight duty period is considered to have started three hours after the original reporting time. SOR/2018-269, s. 13. [700.122 to 700.130 reserved] Maximum Flight Duty Period — Augmented Flight Crew and Rest Facility 700.131 (1) Despite section 700.104, if the air operator assigns an additional flight crew member to a flight and provides for the member the rest facility set out in column 2 of the table to this subsection, the maximum flight duty period is the period set out in column 1. TABLE Maximum Flight Duty Period — Augmented Flight Crew a Column 1 Item Maximum Flight Duty Period (Hours TABLEAU Période maximale de service de vol — équipage de condu Colonne 1 Article Période maximale de service de vol Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Maximum Flight Duty Period — Augmented Flight Crew and Rest Facility Sections 700.131-700.133 Colonne 1 Article Période maximale de service de vol (2) The maximum flight duty period set out in subsection (1) applies only to a flight duty period during which there are three or fewer flights. (3) A flight crew member’s flight duty period shall include all time spent in the rest facility. (4) If a flight duty period has been extended, an air operator shall provide each flight crew member with a rest period that is equal to the duration of the duty period just completed. SOR/2018-269, s. 13. Long-range Flights 700.132 (1) A flight duty period during which there is one flight or a series of flights that ends more than four one-hour time zones from the point of departure, other than flights conducted entirely within Northern Domestic Airspace, shall be limited to three flights, in the case of a series of fights, and shall be followed by a rest period that is at least equal to the length of the flight duty period. (2) If a flight referred to in subsection (1) is a transoceanic flight, the maximum number of flights that may be conducted after the transoceanic flight is one, excluding one unscheduled technical stop that occurs during the flight. SOR/2018-269, s. 13. Unforeseen Operational Circumstances 700.133 (1) A pilot-in-command may, as a result of unforeseen operational circumstances, and after consulting with all crew members on their level of fatigue, extend a flight crew member’s flight time and flight duty period in excess of the maximum flight time referred to in section 700.103 and the maximum flight duty period referred to in section 700.104. (2) The pilot-in-command may extend the maximum flight time and maximum flight duty period by three hours if the pilot-in-command notifies the air operator of the length of and the reason for the extension. In the case of a flight duty period that is extended, the subsequent Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Unforeseen Operational Circumstances Sections 700.133-700.135 rest period shall be increased by an amount at least equal to the length of the extension of the flight duty period. (3) An air operator shall keep a record of all notifications provided to it under subsection (2) for a period of 24 months after the day on which they are provided. SOR/2018-269, s. 13. Flight Crew Member on Reserve 700.134 (1) An air operator shall provide each flight crew member on reserve with a rest period of at least 10 consecutive hours in any 24 consecutive hours if the air operator (a) provides the member with 24 hours’ notice of the start time and duration of the rest period; (b) provides the member with a minimum of 10 hours’ notice of the start time and duration of the rest period and the air operator does not assign any duty to the member during those 10 hours; or (c) does not assign a flight duty period to the member and does not interrupt the member’s rest period between 22:00 and 06:00 local time. (2) Following a rest period provided under subsection (1), the start of a subsequent rest period cannot vary by more than three hours from the time of day that the preceding rest period started, or by more than a total of eight hours in any seven consecutive days. (3) If an air operator is unable to provide a flight crew member with the rest period referred to in subsection (1) and the member is notified to report for flight duty or the reporting time occurs between 22:00 and 06:00 local time (a) the maximum flight duty period shall be 10 hours; and (b) the rest period following the flight duty period shall be increased by at least one-half the length of the preceding flight duty period. SOR/2018-269, s. 13. Controlled Rest on Flight Deck 700.135 (1) A flight crew member shall not take a controlled rest on the flight deck of an aircraft that is operated by an air operator unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights Controlled Rest on Flight Deck Sections 700.135-700.200 (a) the rest is 45 minutes or less, is taken during the cruise portion of the flight and is completed at least 30 minutes before the scheduled beginning of the descent; (b) no other flight crew member is taking a rest at that time; and (c) at least two flight crew members remain on the flight deck. (2) Before taking a controlled rest on the flight deck, a flight crew member shall (a) transfer their duties to a flight crew member who is not taking a rest; (b) review the status of the flight, including any specific duties to be performed during the rest; (c) review the wake-up criteria; and (d) advise the other crew members of the start and end times of the rest. (3) A flight crew member who takes a controlled rest on the flight deck shall not assume any duties, and no other flight crew member shall transfer any duties to them, until 15 minutes after the end of the rest. (4) When a flight crew member returns to duty, another flight crew member shall provide him or her with an operational briefing. SOR/2018-269, s. 13. [700.136 to 700.199 reserved] Division V — Exemptions — Fatigue Risk Management System Initial Exemption 700.200 (1) Subject to subsections (3) and (4), an air operator and flight crew members to whom sections 700.20 to 700.72 or 700.101 to 700.135 apply are exempt, in respect of a flight, from the application of the provisions set out in the notice of intent referred to in section 700.206, if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Initial Exemption Section 700.200 (a) the air operator has sent to the Minister a notice of intent that complies with the requirements of section 700.206; (b) the air operator has established and implemented the following components of the fatigue risk management system, referred to in subsection 700.214(1): (i) the fatigue risk management plan, and (ii) the fatigue risk management process; and (c) starting on the date on which the flight is first conducted under the exemption in this subsection and ending when the exemption no longer applies, the air operator notifies the Minister that the analysis required by paragraph 700.225(2)(g) is available to the Minister for review (i) every 90 days, or (ii) if the period during which the flight is conducted is shorter than 90 days, at the end of the period. (2) Subject to subsections (3) and (5), an air operator and flight crew members to whom sections 702.91 to 702.98 apply are exempt, in respect of a flight, from the application of the provisions set out in the notice of intent referred to in section 700.206, if (a) the air operator has sent to the Minister a notice of intent that complies with the requirements of section 700.206; (b) the air operator has established and implemented the following components of the fatigue risk management system, referred to in subsection 700.214(1): (i) the fatigue risk management plan, and (ii) the fatigue risk management process; and (c) starting on the date on which the flight is first conducted under the exemption in this subsection and ending when the exemption no longer applies, the air operator notifies the Minister that the analysis required by paragraph 700.225(2)(g) is available to the Minister for review (i) every 90 days, or (ii) if the period during which the flight is conducted is shorter than 90 days, at the end of the period. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Initial Exemption Sections 700.200-700.201 (3) The exemptions referred to in subsections (1) and (2) continue to apply in respect of a flight as long as the air operator demonstrates compliance with the requirements of sections 700.213 to 700.225 but cease to apply, in respect of that flight, on the earlier of (a) the date on which the exemption referred to in section 700.234 comes into effect with respect to the same provisions and for the same flight, and (b) three years after the date on which the notice of intent was sent. (4) The exemption referred to in subsection (1) may be in respect of any of the requirements set out in sections 700.27 to 700.72 except for the requirements set out in the following provisions: (a) paragraph 700.27(1)(c); (b) paragraph 700.29(1)(a); (c) section 700.36; (d) section 700.37; and (e) paragraph 700.103(1)(e). (5) The exemption referred to in subsection (2) may be in respect of any of the requirements set out in sections 702.92 to 702.98 except for the requirements set out in paragraph 702.92(1)(a). SOR/2018-269, s. 13. Series of Flights 700.201 In this Division, a reference to a flight is also a reference to a series of flights if (a) the flights in the series of flights are consecutive and are conducted by the same flight crew members; and (b) the flight crew members operate the flights during a single flight duty period or consecutive flight duty periods. SOR/2018-269, s. 13. [700.202 to 700.205 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Notice of Intent Section 700.206 Notice of Intent 700.206 (1) An air operator shall send a notice of intent to the Minister that includes (a) a statement that the air operator has established and implemented a fatigue risk management plan and a fatigue risk management process — and maintains the fatigue risk management plan and the fatigue risk management process — and intends to establish, implement and maintain a program for fatigue risk management promotion and a quality assurance program for the fatigue risk management system in accordance with this Division; (b) a description of the flight that will be subject to an exemption referred to in section 700.200; (c) the provisions of these Regulations from which the air operator and flight crew members will be exempt; (d) a description of the manner in which the flight will be conducted results in a variance from the requirements of the provisions referred to in paragraph (c); (e) the scientific studies used to demonstrate that the variance referred to in paragraph (d) is not likely to have an adverse effect on the levels of fatigue and alertness of flight crew members; (f) the expected day on which the exemption referred to in section 700.200 will first apply to the flight and, in the case of a flight that is not conducted year-round, the expected period during which the exemption referred to in that section will apply to the flight; (g) a description of the safety case that will be developed for the flight; (h) a statement that the air operator intends to validate a safety case in accordance with subsection 700.225(3) and to ensure that an initial audit is conducted under subsection 700.231(1); and (i) the name and contact information of the person who will be responsible for implementing the fatigue risk management system. (2) The air operator may include in the notice of intent more than one flight if (a) the duration of the flight duty period is the same for all flights; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Notice of Intent Sections 700.206-700.207 (b) all flights have the same number of consecutive flight duty periods; (c) the flight duty periods for the flights start within 60 minutes of each other; (d) the duration of any part of a flight duty period that occurs within the flight crew members’ window of circadian low is the same for all flights; (e) all flights have the same number of consecutive flight duty periods that occur during any part of the flight crew members’ window of circadian low; (f) the duration of the rest period before and after each flight duty period is the same for all flights; (g) the time of day during which each rest period is taken is similar for all flights; (h) the flights are conducted in the same time zone or across the same number of time zones in the same direction by flight crew members who are all acclimatized to the same time zone; (i) the flights are conducted with the same aircraft type; (j) the flights are conducted with the same number of flight crew members; (k) the operating environments are similar for all flights; and (l) the hazards and risks are similar for all flights. SOR/2018-269, s. 13. 700.207 Despite subsection 700.200(3), the initial exemption ceases to apply in respect of a flight if the analysis referred to in paragraph 700.200(1)(c) or (2)(c) does not show any progress in the development of the operator’s safety case. SOR/2018-269, s. 13. [700.208 to 700.212 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management System — Establishment and Implementation Sections 700.213-700.214 Fatigue Risk Management System — Establishment and Implementation 700.213 (1) An air operator shall establish and implement a fatigue risk management system. (2) The operations manager appointed under paragraph 700.09(1)(a) shall ensure that the fatigue risk management system complies with the requirements of this Division. (3) The operations manager shall, when a finding resulting from the quality assurance program for the fatigue risk management system referred to in section 700.219 is reported to them, (a) determine what, if any, corrective actions are required and take those actions; and (b) notify the accountable executive of any systemic deficiency and of the corrective action taken. (4) The operations manager may assign the management functions for the fatigue risk management system to another person. (5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (4). (6) If the operations manager assigns the management functions for the fatigue risk management system to another person under subsection (4), that other person shall report to the operations manager the fatigue-related hazards, risks and incidents identified under the fatigue risk management system. SOR/2018-269, s. 13. Fatigue Risk Management System — Components 700.214 (1) An air operator shall have a fatigue risk management system that includes (a) a fatigue risk management plan; (b) a fatigue risk management process; (c) a program for fatigue risk management promotion; and (d) a quality assurance program for the fatigue risk management system. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management System — Components Sections 700.214-700.215 (2) The air operator shall take into account, when establishing the fatigue risk management system, all of the duties performed in the operations of the air operator by flight crew members who are assigned duties on a flight that is the subject of an exemption under this Division. (3) The air operator shall update its fatigue risk management system if (a) there is a change in the size and scope of its operations; (b) any action is taken as a result of an audit of the fatigue risk management system conducted under subsection 700.231(1) or section 700.247; (c) the air operator’s validation of the safety case in accordance with subsection 700.225(3) establishes that there is an increase in the level of fatigue or a decrease in the level of alertness of flight crew members; or (d) a data analysis conducted in accordance with the process referred to in subsection 700.216(2) indicates that flight crew members are subject to an increase in their level of fatigue or a decrease in their level of alertness. SOR/2018-269, s. 13. Fatigue Risk Management Plan 700.215 The air operator’s fatigue risk management plan shall include (a) a fatigue risk management policy — signed by the accountable executive — that establishes the shared responsibility of the air operator and flight crew members in managing fatigue; (b) safety objectives, including the identification and reduction of fatigue-related hazards and the effective management of fatigue in flight operations; (c) safety performance indicators to measure the attainment of the safety objectives; (d) defined responsibilities in relation to fatigue management for (i) the air operator’s managers, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management Plan Sections 700.215-700.216 (ii) the persons managing the fatigue risk management system, and (iii) other employees; (e) a training plan that identifies the content of the initial and annual training; (f) a plan for communicating the information referred to in paragraphs 700.218(4)(a) to (f) to flight crew members; and (g) a policy for the internal reporting of fatigue by flight crew members, without fear of reprisal. SOR/2018-269, s. 13. Fatigue Risk Management Process 700.216 (1) The air operator’s fatigue risk management process shall include procedures for (a) the internal reporting of fatigue by flight crew members; (b) acknowledging in writing, to flight crew members, receipt of each fatigue report and advising of any follow-up action; (c) collecting information to identify fatigue-related hazards, including (i) flight crew member performance data, (ii) accident and incident information, (iii) data from work schedules, (iv) data from comparisons of planned schedules in relation to time worked, and (v) data from a review of operational or administrative duties; (d) developing a list of the safety data and scientific studies used in support of the processes that form part of the fatigue risk management system; (e) managing the data and information referred to in this subsection; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management Process Sections 700.216-700.217 (f) identifying and assessing the levels of fatigue and alertness through modelling with respect to flight crew members’ schedules; and (g) analyzing planned schedules in relation to time worked in order to assess whether fatigue is being managed. (2) The air operator’s fatigue risk assessment process shall be based on the information referred to in subsection (1) and shall include procedures for (a) identifying the cause of fatigue-related hazards; (b) assessing the likelihood that a fatigue-related event will occur and the severity of its consequences; (c) identifying and prioritizing the risks that need to be managed; (d) creating and updating a record of the risks that are identified; (e) determining the actions to be taken to manage the risks referred to in paragraph (c), including the preventive measures or corrective actions; and (f) developing safety performance indicators to measure the effectiveness of the measures and actions taken under paragraph (e). SOR/2018-269, s. 13. Collaboration with Employees 700.217 The air operator shall have a process to collaborate with employees in the development of the policy and procedure for the internal reporting of fatigue. SOR/2018-269, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management Promotion Section 700.218 Fatigue Risk Management Promotion 700.218 (1) In the case of an air operator to whom sections 700.20 to 700.72 or 700.101 to 700.135 apply, its program for fatigue risk management promotion shall include training for its employees on the following subjects: (a) the components and functioning of the fatigue risk management system and the employees’ responsibilities with respect to the system; (b) the actions to be taken with respect to fatigue-related risks; and (c) the requirements of these Regulations with respect to fatigue management. (2) In the case of an air operator to whom sections 702.91 to 702.98 apply, its program for fatigue risk management promotion shall include training for its employees on the following subjects: (a) the components and functioning of the fatigue risk management system and the employees’ responsibilities with respect to the system; (b) the actions to be taken with respect to fatigue-related risks; (c) the requirements of these Regulations with respect to fatigue management; (d) personal fatigue management strategies relating to (i) sleep hygiene, (ii) lifestyle, exercise and diet, and (iii) the consumption of alcohol and drugs; (e) the impact of fatigue on aviation safety; (f) sleep requirements and the science relating to fatigue; (g) the causes and consequences of fatigue; (h) how to recognize fatigue in themselves and in others; (i) sleep disorders, their impact on aviation safety and treatment options; and (j) human and organizational factors that may cause fatigue, including Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management Promotion Sections 700.218-700.219 (i) sleep quality and duration, (ii) the effect of shift work and overtime, (iii) the circadian rhythm, and (iv) the effects of changes of time zones. (3) The programs set out in subsections (1) and (2) shall include (a) competency-based training for persons who have been assigned duties in respect of the fatigue risk management system; and (b) means of measuring the level of competency attained by each person who receives the training. (4) For the purposes of promoting fatigue risk management, an air operator shall have a procedure for communicating the following information to its employees: (a) industry reports on fatigue; (b) industry best practices in respect of fatigue risk management; (c) advancements in the science relating to fatigue; (d) the results of the data analysis conducted in accordance with the process referred to in subsection 700.216(2); (e) updates to the fatigue risk management system; and (f) the results of the review of the fatigue risk management system. SOR/2018-269, s. 13. Quality Assurance Program for the Fatigue Risk Management System 700.219 (1) The air operator’s quality assurance program for the fatigue risk management system shall include a process for the audit of the fatigue risk management system that includes procedures for Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Quality Assurance Program for the Fatigue Risk Management System Sections 700.219-700.225 (a) auditing the extent to which the air operator has implemented its fatigue risk management system, including (i) a checklist setting out all of the components of the air operator’s fatigue risk management system that are to be audited, and (ii) a plan establishing the frequency of the audits and the manner in which they will be conducted; (b) auditing the fatigue risk management system in the event of an accident or incident; (c) analyzing the findings of the audit and determining the contributing factors of those findings; (d) developing, implementing and monitoring preventive measures and corrective actions to address the findings of the audit; and (e) keeping and updating records, including the findings of the audit, the preventive measures and corrective actions to address those findings and any followup taken in respect of those measures and actions. (2) The air operator’s process for the periodic review of the effectiveness of its fatigue risk management system shall include procedures for the assessment of (a) the fatigue risk management process; (b) the reliability of the safety performance indicators; and (c) the attainment of the safety objectives. (3) An air operator shall have procedures for the ongoing monitoring of the effect of the variance described in the notice of intent on the flight crew members’ levels of fatigue and alertness. SOR/2018-269, s. 13. [700.220 to 700.224 reserved] Safety Case 700.225 (1) The air operator shall ensure that a safety case is established in respect of a flight subject to an exemption referred to in section 700.200 to demonstrate that the variance described in the notice of intent does not increase the level of fatigue or decrease the level of alertness of the flight crew members. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Safety Case Section 700.225 (2) The safety case shall consist of (a) a description of the flight in respect of which an exemption set out in section 700.200 applies; (b) the provisions of these Regulations from which the air operator and flight crew members are exempt; (c) a description of the manner in which the flight is conducted results in a variance from the requirements of the provisions referred to in paragraph (b); (d) the data collection methodology and data used initially to establish, in respect of the flight, the baseline levels of fatigue and alertness of the flight crew members and to identify fatigue-related hazards and risks; (e) the data collection methods used to evaluate the safety case on an ongoing basis; (f) the scientific studies used to demonstrate that the variance referred to in paragraph (c) is not likely to have an adverse effect on the flight crew members’ levels of fatigue and alertness; (g) an analysis of the effect of the variance on the levels of fatigue and alertness of flight crew members that takes into account the flight crew members’ schedule before and after the flight in respect of which the exemption applies and the findings of the fatigue risk assessment; (h) the fatigue risk controls that are implemented to address the findings of the risk assessment; (i) procedures to measure the effect of the variance on the levels of fatigue and alertness of the flight crew members; (j) the preventive measures or corrective actions that are taken to remedy any adverse effect of the variance on the levels of fatigue and alertness of the flight crew members; and (k) the means that will be used to monitor the effectiveness of the fatigue risk management system in managing the safety case. (3) A safety case is validated when the following conditions are met: (a) fatigue and alertness data have been collected during a period of not less than one year and not more Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Safety Case Sections 700.225-700.231 than two years starting on the day on which the flight is first conducted under an exemption referred to in section 700.200, for not less than 20 consecutive flights identified in the notice of intent, and the data shows that not more than 5% of those flights have an adverse effect of more than 5% on the baseline levels of fatigue and alertness of the flight crew members determined by means of the methodology described in paragraph (2)(d); (b) the fatigue risk assessment has been conducted and the findings of the assessment have been analyzed; (c) mitigation measures have been implemented to manage the hazards and risks related to the variance to remedy increases in the level of fatigue and decreases in the level of alertness of flight crew members; (d) the mitigation measures have been monitored to determine their effect on the flight crew members’ levels of fatigue and alertness; (e) corrective actions have been taken if the mitigation measures monitored under paragraph (d) do not achieve the desired effect on the flight crew members’ levels of fatigue and alertness; and (f) the effectiveness of the mitigation measures and, if applicable, the corrective actions in maintaining the established levels of fatigue and alertness of the flight crew members is shown. SOR/2018-269, s. 13. [700.226 to 700.230 reserved] Fatigue Risk Management System — Initial Audit 700.231 (1) An air operator shall ensure that an initial audit of its fatigue risk management system is conducted after validation of the safety case in accordance with the process established under subsection 700.219(1). (2) The air operator shall analyze the findings of the audit and shall, if deficiencies are identified, (a) investigate and analyze their cause and contributing factors; and (b) develop and implement preventive measures and corrective actions to address the findings. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management System — Initial Audit Sections 700.231-700.234 (3) The air operator shall assess the preventive measures and corrective actions to ensure that they are effective and are used on an ongoing basis to improve the fatigue risk management system. (4) Subsection (1) does not apply if the air operator has already implemented a fatigue risk management system and validates a safety case for a subsequent variance for the purposes of an exemption referred to in subsection 700.234(1) or uses an approved safety case in respect of another flight for the purposes of an exemption referred to in subsection 700.240(1) if an audit has already been conducted. SOR/2018-269, s. 13. Submission of Safety Case for Approval 700.232 The air operator shall submit the validated safety case to the Minister for approval along with a statement that the initial audit has been conducted in accordance with section 700.231 and that the fatigue risk management system meets the requirements of this Division. SOR/2018-269, s. 13. Approval of the Safety Case 700.233 The Minister shall approve the safety case of an air operator if the Minister determines, on the basis of the information provided by the operator, that the conditions of subsection 700.225(3) are met and that the initial audit has been conducted. SOR/2018-269, s. 13. Continuing Exemption 700.234 (1) An air operator and a flight crew member who are exempt under section 700.200 from the application of certain provisions in respect of a flight continue, on receipt of the approval of the safety case by the air operator, to be exempt from the application of the same provisions for that flight and, if applicable, for any other flight described in the notice of intent under section 700.206. (2) The exemption referred to in subsection (1) continues to have effect as long as Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Continuing Exemption Sections 700.234-700.240 (a) the air operator maintains the fatigue risk management system in accordance with the applicable conditions of this Division; (b) the air operator monitors the effectiveness of the safety case in managing the fatigue and alertness of the flight crew members in accordance with section 700.248; and (c) the air operator remedies any adverse effects of the variance on the flight crew members’ levels of fatigue and alertness no later than 60 days after the date on which the adverse effect is identified in the course of monitoring. SOR/2018-269, s. 13. [700.235 to 700.239 reserved] Exemption for Other Flights 700.240 (1) An air operator and flight crew members who are exempt under section 700.234 from the application of certain provisions in respect of a flight on the basis of an approved safety case are exempt from the application of the same provisions, on the basis of the same approved safety case, in respect of another flight if (a) the air operator has provided the Minister a letter of confirmation in accordance with subsection (2); (b) the duration of the flight duty period for the other flight is not longer than the duration of the flight duty period of the flight; (c) the number of consecutive flight duty periods for the other flight does not exceed the number of consecutive flight duty periods for the flight; (d) each flight duty period for the other flight starts within 60 minutes of each corresponding flight duty period for the flight; (e) the other flight is conducted in the same time zone or across the same number of time zones in the same direction as the flight and is conducted by flight crew members who are all acclimatized to the same time zone; (f) any part of the flight duty period for the other flight that occurs within the flight crew members’ window of circadian low does not exceed the duration of the flight duty period for the flight that occurs within the flight crew members’ window of circadian low; (g) the other flight is conducted using aircraft of the same type as that used to conduct the flight; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Exemption for Other Flights Section 700.240 (h) the other flight is conducted with the same number of flight crew members on board as the flight; (i) the operating environment of the other flight is similar to the operating environment of the flight; (j) the hazards and risks associated with the other flight are similar to those of the flight; (k) the duration of each rest period before and after each flight duty period associated with the other flight is not shorter than each rest period associated with the flight; (l) the time of day of each rest period of the other flight is similar to the time of day of each rest period of the flight; and (m) the number of consecutive flight duty periods occurring during any part of each flight crew member’s window of circadian low for the other flight does not exceed the number of such consecutive flight duty periods for the flight. (2) The air operator shall provide the Minister a letter of confirmation for the other flight that will be conducted under an exemption referred to in subsection (1) that sets out (a) a description of the other flight that will be subject to the exemption on the basis of the approved safety case; (b) the provisions of these Regulations from which the air operator and flight crew members will be exempt in respect of the other flight; (c) a description of the manner in which the other flight will be conducted results in a variance from the requirements of the provisions referred to in paragraph (b) in respect of the other flight; (d) a statement that the conditions in paragraphs (1)(a) to (m) are met; and (e) the date on which the exemption will apply to the other flight for the first time. (3) An approved safety case in respect of a flight shall not be used for another flight unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Exemption for Other Flights Sections 700.240-700.247 (a) the provisions of these Regulations from which the air operator is exempted are the same for all the flights; and (b) the manner in which the flights are conducted results in a variance from the requirements of the provisions referred to in paragraph (a) is the same for all the flights. (4) The exemption referred to in subsection (1) continues to have effect as long as (a) the air operator maintains the fatigue risk management system in accordance with the applicable conditions of this Division; (b) the air operator monitors the effectiveness of the safety case in managing the fatigue and alertness of the flight crew members in accordance with section 700.248; and (c) the air operator remedies any adverse effects of the variance on the flight crew members’ levels of fatigue and alertness no later than 60 days after the date on which the adverse effect is identified in the course of monitoring. SOR/2018-269, s. 13. [700.241 to 700.245 reserved] Non-availability of Exemption 700.246 An air operator who was exempt from the application of provisions in respect of a flight under section 700.200 and who has not validated a safety case in the period set out in paragraph 700.200(3)(b) shall not be exempted from the application of the same provisions and in respect of the same flight for a period of two years after the expiry of that period. SOR/2018-269, s. 13. Fatigue Risk Management System — Audit 700.247 The air operator who has implemented a fatigue risk management system in accordance with this Division shall ensure that an audit of its system is conducted, in accordance with the process referred to in subsection 700.219(1), (a) within 12 months after the day on which the initial audit is completed under subsection 700.231(1); (b) within 12 months after the day on which the previous audit was completed; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management System — Audit Sections 700.247-700.249 (c) after an incident or accident; and (d) after a major change in the air operator’s activities that could affect the levels of fatigue or alertness of the flight crew members. SOR/2018-269, s. 13. Variance — Monitoring of Effects 700.248 (1) The air operator shall monitor, in accordance with the procedures referred to in subsection 700.219(3), the effects of the variance described in the approved safety case on the flight crew members’ levels of fatigue and alertness for each period of six months during which the flight that is subject to the exemption referred to in section 700.234 is conducted. (2) The air operator shall collect data in respect of a representative number of flights conducted over each period of six months in accordance with the methodology set out in the approved safety case. (3) If the monitoring shows that the variance described in the approved safety case has an adverse effect on the flight crew members’ levels of fatigue or alertness, the air operator shall develop and take corrective actions to remedy the adverse effect of the variance. (4) If corrective actions are taken, the air operator shall assess their effectiveness. (5) If the corrective actions remedy the adverse effect of the variance, the air operator shall modify the safety case to take into account the corrective actions and inform the Minister of the modification within 60 days after it is made. SOR/2018-269, s. 13. Fatigue Risk Management System — Review 700.249 (1) The air operator shall conduct a review of its fatigue risk management system, in accordance with the procedures referred to in subsection 700.219(2), at least once every 12 months after the initial audit required by subsection 700.231(1) is conducted. (2) The review of the fatigue risk management system shall assess (a) the fatigue risk management process; (b) the reliability of the safety performance indicators; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Fatigue Risk Management System — Review Sections 700.249-700.255 (c) the attainment of the safety objectives. (3) The air operator shall (a) determine what corrective actions are necessary to remedy any deficiency identified by the review and take those actions; (b) keep a record of any determination made under paragraph (a) and the reason for it; and (c) if the air operator has assigned management functions to another person, provide that person with a copy of the determination. (4) An air operator shall not assign a duty relating to the quality assurance program for the fatigue risk management system to a person who is responsible for carrying out a task or an activity evaluated by that program unless (a) owing to the size, nature and complexity of the air operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity; (b) based on a risk analysis, assigning the duty to a person who is responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and (c) the audit of the fatigue risk management system will not be compromised. SOR/2018-269, s. 13. [700.250 to 700.254 reserved] Training 700.255 (1) The air operator shall ensure that training is provided to its employees every 12 months and covers the subjects set out in section 700.218. (2) The air operator shall ensure that there is a training record that includes (a) a description of all the training that each employee has received in accordance with this section; and (b) evaluation results for each employee who has received training in accordance with this section. SOR/2018-269, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Division V — Exemptions — Fatigue Risk Management System Documentation — Keeping up to Date Sections 700.256-700.259 Documentation — Keeping up to Date 700.256 (1) The air operator shall ensure that the fatigue risk management system documentation reflects the procedures and processes that have been established and implemented. (2) The air operator shall notify the Minister of any changes to the fatigue risk management system within 60 days after the change is made. SOR/2018-269, s. 13. Data and Documentation 700.257 (1) The air operator shall collect data in respect of flight crew members on the following: (a) the fatigue model used to assess the levels of fatigue and alertness of the flight crew members; (b) records of testing for fatigue and alertness; (c) the evaluation of the level of fatigue against the baseline level established for comparative analysis. (2) The air operator shall keep the following documentation: (a) records and documents created in the course of conducting an audit or a review under this Division; and (b) any other material created under the fatigue risk management system. SOR/2018-269, s. 13. Preservation of Information 700.258 The air operator shall keep the information collected and created under this Division for five years after the day on which the information was collected or created. SOR/2018-269, s. 13. Access to Documentation 700.259 The air operator shall make available to the Minister on request any documentation that it is required to collect or create under this Division. SOR/2018-269, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Sections 701.01-701.03 Subpart 1 — Foreign Air Operations Division I — General Application 701.01 This Subpart applies in respect of the operation in Canada of a foreign state aircraft or an aircraft operated by a foreign operator in an air transport service. Requirement for Canadian Foreign Air Operator Certificate 701.02 (1) Subject to subsections (2) and (3), no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07. (2) A person is not required to hold a Canadian foreign air operator certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20 or 701.21. (3) A person is not required to hold a Canadian foreign air operator certificate in order to operate a foreign state aircraft in Canada. Requirements for Flight Authorization 701.03 (1) No person, other than the holder of a Canadian foreign air operator certificate, shall conduct an overflight of Canada or perform a technical landing in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10. (2) No person shall operate a foreign state aircraft in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10. [701.04 to 701.06 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division II — Certification and Authorization Sections 701.07-701.08 Division II — Certification and Authorization Issuance or Amendment of Canadian Foreign Air Operator Certificate 701.07 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 a Canadian foreign air operator certificate. Contents of Canadian Foreign Air Operator Certificate 701.08 A Canadian foreign air operator certificate shall contain (a) the legal name, trade name and address of the foreign air operator; (b) the number of the foreign air operator certificate; (c) the effective date of certification; (d) the date of issue of the certificate; (e) the general conditions identified in section 701.09; (f) specific conditions with respect to (i) the areas of operation authorized, (ii) the types of service authorized, (iii) the types of aircraft authorized, the conditions of operation and, if applicable, their registration, and (iv) the base of operations and the designated points in Canada, if applicable; and (g) where the foreign air operator complies with the Commercial Air Service Standards, operations specifications with respect to (i) instrument approach procedures, (ii) special weather minima authorizations, (iii) navigation system authorizations, (iv) authorizations concerning flight crew member complement, (v) special helicopter procedures, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division II — Certification and Authorization Sections 701.08-701.11 (vi) any other condition pertaining to the operation that the Minister deems necessary for aviation safety. General Conditions of Canadian Foreign Air Operator Certificate 701.09 A Canadian foreign air operator certificate shall contain the following general conditions: (a) the foreign air operator shall have a valid air operator certificate or equivalent document issued by the state of the foreign air operator; (b) the foreign air operator shall make no change in its air transport service in Canada, except in the case of an emergency, without notifying the Minister; (c) the foreign air operator shall notify the Minister within 10 working days after any change in its legal name or trade name; (d) the foreign air operator shall conduct flight operations in accordance with the ICAO standards; (e) the foreign air operator shall maintain its aircraft in accordance with the ICAO standards; (f) the foreign air operator shall comply with the applicable provisions of these Regulations; and (g) the foreign air operator shall conduct a safe operation. Issuance of Flight Authorization 701.10 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 a flight authorization (a) to conduct an overflight of Canada or to perform a technical landing in Canada; or (b) to operate a foreign state aircraft in Canada. Contents of Flight Authorization 701.11 A flight authorization shall contain (a) the name of the holder of the flight authorization or of the person responsible for the flight; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division II — Certification and Authorization Sections 701.11-701.16 (b) the type of aircraft, the registration mark and, if applicable, the serial number; (c) the routing; (d) the date and time of arrival at, and departure from, the airports concerned; (e) the places of embarkation or disembarkation of passengers or freight; (f) an authorization for the transportation of dangerous goods or agricultural products, if applicable; (g) in the case of a foreign state aircraft, an authorization to conduct flight operations referred to in section 701.19, 701.20 or 701.21; (h) a requirement to conduct all operations in accordance with the applicable provisions of these Regulations; and (i) any condition pertaining to the operation that the Minister deems necessary for aviation safety. [701.12 to 701.15 reserved] Division III — Flight Operations Extended Range Twin-engined Operations 701.16 (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in a twin-engined aeroplane certified for more than 20 passenger seats that is intended to be operated 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) A foreign air operator may commence a flight referred to in subsection (1) where (a) the aeroplane is turbine-powered; (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator for extended range twin-engined operations; and (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division III — Flight Operations Sections 701.16-701.18 Canadian Minimum Navigation Performance Specifications (CMNPS) or North Atlantic Minimum Navigation Performance Specifications (NAT-MNPS) Airspace [SOR/2006-77, s. 25(F)] 701.17 (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in an aircraft that is intended to be operated in airspace designated as CMNPS or NAT-MNPS unless (a) the aircraft has been certified by the state of registry as meeting the minimum navigation performance specifications contained in the North Atlantic MNPS Airspace Operations Manual; (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator or the state of registry for flight operations in airspace designated as CMNPS or NATMNPS; and (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate. (2) A foreign air operator may, in airspace designated as CMNPS, commence a flight in Canada in an aircraft that has not been certified in accordance with paragraph (1)(a) where the appropriate ATC unit indicates that the aircraft can be accommodated without penalizing CMNPS-certified aircraft. Routes in Uncontrolled Airspace 701.18 No foreign air operator commencing a flight in Canada shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the foreign air operator (a) is authorized to do so in its Canadian foreign air operator certificate; and (b) complies with the Commercial Air Service Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division III — Flight Operations Sections 701.19-701.21 No Alternate Aerodrome — IFR Flight 701.19 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 (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards; or (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards. Take-off Minima 701.20 For the purposes of section 602.126, a person may conduct a take-off in an aircraft where weather conditions are below the take-off minima specified in the Canada Air Pilot if (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards; or (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards. Landing Minima 701.21 For the purposes of subsection 602.128(4), a person may conduct a CAT II or CAT III precision approach in an IFR aircraft if (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and holds a valid authorization or equivalent document issued by the state of the foreign air operator to conduct a CAT II or CAT III precision approach in Canada; or (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division III — Flight Operations Sections 701.22-701.25 Transport of Passengers in Single-engined Aircraft 701.22 (1) Subject to subsection (2), no foreign air operator commencing a flight in Canada shall operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight. (2) A foreign air operator may operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight if the foreign air operator (a) is authorized to do so by the state of the foreign air operator; (b) is authorized to do so in its Canadian foreign air operator certificate; and (c) complies with the Commercial Air Service Standards. Admission to Flight Deck 701.23 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-incommand of an aircraft operated by a foreign air operator in Canada, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft. (2) A foreign 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. Seats for Cabin Safety Inspectors 701.24 A foreign air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection in Canada with a confirmed passenger seat in the passenger compartment. Aircraft Icing Operations 701.25 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual. (2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division III — Flight Operations Section 701.25 (3) Despite subsection (2), a person may conduct a takeoff in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions. (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to an aircraft, no person shall conduct or attempt to conduct a take-off in the aircraft unless (a) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces; or (b) the foreign air operator or the holder of the flight authorization has (i) established, in accordance with ICAO Document No. 9640 entitled Manual of Aircraft Ground De/ Anti-icing Operations, an aircraft ground icing operations program that has been approved by the state of the foreign air operator or of the holder of the flight authorization, or (ii) submitted to the Minister an aircraft ground icing operations program that meets the Commercial Air Service Standards. (5) The inspection referred to in paragraph (4)(a) shall be performed from outside the aircraft. (6) The inspection referred to in paragraph (4)(a) shall be performed by (a) the pilot-in-command; (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or (c) a person, other than a person referred to in paragraph (a) or (b), who is designated by the foreign air operator or the holder of the flight authorization. (7) No person shall perform the inspection referred to in paragraph (4)(a) unless the person has received annual training concerning aircraft surface contamination in accordance with the Commercial Air Service Standards. (8) Where, before commencing a take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division III — Flight Operations Sections 701.25-701.27 shall immediately report that observation to the pilot-incommand, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off. SOR/2020-253, s. 10. Division IV — Flight Deck Security Interpretation 701.26 In this Division, payload capacity means the maximum zero fuel weight of an aeroplane set out in the type certificate issued in respect of the aeroplane less (a) the empty weight of the aeroplane; (b) the equipment necessary for the operation of the aeroplane; and (c) the operating load of the aeroplane, which includes the minimum flight crew. SOR/2003-121, s. 2. Application 701.27 (1) All the provisions of this Division apply in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers; or (b) an all-cargo aeroplane with a payload capacity of more than 3 405 kg (7,500 pounds) that was equipped with a flight deck door on June 21, 2002. (2) Section 701.28 also applies in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of fewer than 20 passengers; or (b) an all-cargo aeroplane with a payload capacity of 3 405 kg (7,500 pounds) or less that was equipped with a flight deck door on June 21, 2002. SOR/2003-121, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division IV — Flight Deck Security Sections 701.28-701.30 Admission to Flight Deck 701.28 No person shall be admitted to the flight deck of an aeroplane other than (a) a flight crew member; (b) a crew member performing their duties; (c) an inspector of the civil aviation authority of the state where the aeroplane is registered; or (d) 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. SOR/2003-121, s. 2. Closing and Locking of Flight Deck Door 701.29 (1) Subject to subsection (2), the pilot-in-command of an aeroplane that is equipped with a lockable flight deck door and that is carrying passengers shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival the flight deck door is closed and locked. (2) Subsection (1) does not apply when crew members or persons authorized in accordance with subsection 701.28 are required to enter or leave the flight deck (a) for the performance of their duties; (b) for physiological needs; or (c) for an overriding concern related to the safety of the flight. SOR/2003-121, s. 2. Doors and Locks 701.30 (1) Subject to subsections (3) and (4), no foreign air operator shall operate a transport category aircraft, except for a newly manufactured aeroplane on a non-revenue flight and any aeroplane on an overflight, unless the transport category aircraft is equipped with (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 1 — Foreign Air Operations Division IV — Flight Deck Security Section 701.30 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 June 21, 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. (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). (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. (5) No foreign air operator shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless each door meets the design requirements of section 525.795 of the Airworthiness Manual in effect on May 1, 2002. SOR/2003-121, s. 2. [701.31 to 701.36 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Sections 702.01-702.07 Subpart 2 — Aerial Work Division I — General Application 702.01 (1) Subject to subsection (2), this Subpart applies in respect of the operation of an aeroplane or helicopter in aerial work involving (a) the carriage on board of persons other than flight crew members; (b) the carriage of helicopter Class B, C or D external loads; (c) the towing of objects; or (d) the dispersal of products. (2) This Subpart does not apply in respect of the operation of an ultra-light aeroplane, or in respect of the operation of an aircraft in aerial work involving sightseeing operations. SOR/99-158, s. 4. Aircraft Operation 702.02 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 702.07. [702.03 to 702.06 reserved] Division II — Certification Issuance or Amendment of Air Operator Certificate 702.07 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to (a) maintain an adequate organizational structure; (b) maintain an operational control system; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division II — Certification Section 702.07 (c) meet training program requirements; (d) comply with maintenance requirements; (e) meet the Commercial Air Service Standards for the operation; and (f) conduct the operation safely. (2) For the purposes of subsection (1), an applicant shall have (a) a management organization capable of exercising operational control; (b) managerial personnel who meet the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely, (i) operations manager, (ii) chief pilot, and (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager; (c) the ground handling services and equipment necessary to ensure the safe handling of its flights; (d) aircraft that are properly equipped for and flight crew members who are qualified for the area of operation and the type of operation; (e) an operational control system that meets the requirements of section 702.12; (f) a training program that meets the requirements of this Subpart; (g) legal custody and control of at least one aircraft of each category of aircraft that is to be operated; (h) a company operations manual that meets the requirements of sections 702.81 and 702.82; and (i) a maintenance control system approved pursuant to Subpart 6. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division II — Certification Section 702.08 Contents of Air Operator Certificate 702.08 An air operator certificate shall contain (a) the legal name, trade name and address of the air operator; (b) the number of the air operator certificate; (c) the effective date of certification; (d) the date of issue of the certificate; (e) the general conditions identified in section 702.09; (f) specific conditions with respect to (i) the areas of operation authorized, (ii) the types of service authorized, (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and (iv) the main base and, if applicable, sub-bases; and (g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to (i) aircraft performance, equipment and emergency equipment requirements, (ii) instrument approach procedures, (iii) operations over a built-up area or in an aerial work zone, (iv) the carriage of persons other than flight crew members and persons whose presence on board an aircraft is essential during flight, (v) special weather minima authorizations, (vi) authorizations concerning flight crew member complement, (vii) navigation system authorizations, (viii) pilot training and pilot proficiency checks, (ix) special helicopter procedures, (x) the air operator maintenance control system approved pursuant to Subpart 6, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division II — Certification Sections 702.08-702.09 (xi) leasing arrangements, and (xii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety. General Conditions of Air Operator Certificate 702.09 An air operator certificate shall contain the following general conditions: (a) the air operator shall conduct flight operations in accordance with its company operations manual; (b) the air operator shall maintain an adequate organizational structure; (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards; (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart; (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation; (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation; (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6; (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards; (i) the air operator shall notify the Minister within 10 working days after (i) changing its legal name, its trade name, its main base, a sub-base or its managerial personnel, or (ii) ceasing to operate a type of aircraft authorized under this Subpart; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division II — Certification Sections 702.09-702.15 (j) the air operator shall conduct a safe operation. SOR/2009-152, s. 3. [702.10 reserved] Division III — Flight Operations Operating Instructions 702.11 (1) An air operator shall ensure that all operations personnel are properly instructed about their duties and about the relationship of their duties to the operation as a whole. (2) The operations personnel of an air operator shall follow the procedures specified in the air operator’s company operations manual in the performance of their duties. Operational Control System 702.12 No air operator shall operate an aircraft unless the air operator has an operational control system that meets the Commercial Air Service Standards and is under the control of its operations manager. Flight Authorization 702.13 No person shall commence a flight unless the flight has been authorized in accordance with the procedures specified in the air operator’s company operations manual. Operational Flight Plan 702.14 No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared in accordance with the procedures specified in the air operator’s company operations manual. Maintenance of Aircraft 702.15 No air operator shall permit a person to conduct a take-off in an aircraft that has not been maintained in accordance with the air operator’s maintenance control system. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division III — Flight Operations Sections 702.16-702.18 Carriage of Persons 702.16 No air operator shall allow a person who is not a flight crew member to be carried on board an aircraft unless (a) the person’s presence on board is essential during the flight; (b) the air operator is authorized in its air operator certificate to permit parachute descents and the person is a parachutist; or (c) the air operator (i) is authorized in its air operator certificate to carry a person, and (ii) complies with the Commercial Air Service Standards. SOR/99-158, s. 5. VFR Flight Minimum Flight Visibility — Uncontrolled Airspace 702.17 (1) Where an aeroplane is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(c)(i), operate the aeroplane when flight visibility is less than two miles if the person (a) is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. (2) Where a helicopter is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(d)(i), operate the helicopter when flight visibility is less than one mile if the person (a) is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. Night, VFR OTT and IFR Operations 702.18 (1) Subject to subsection (2), no air operator shall operate an aircraft at night, in VFR OTT flight or in IFR flight Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division III — Flight Operations Sections 702.18-702.19 (a) while towing; (b) while carrying a helicopter Class B, C or D external load; (c) while dispersing products; or (d) where the aircraft is a single-engined aircraft. (2) An air operator may operate an aircraft at night, in VFR OTT flight or in IFR flight in any of the cases referred to in subsection (1), if the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. (3) No air operator shall operate an aircraft at night with persons other than flight crew members on board unless (a) the pilot-in-command has an instrument rating; (b) the air operator is authorized in its air operator certificate to permit parachute descents and night VFR flight and (i) the persons are parachutists, (ii) the flight takes place within 10 nautical miles of the aerodrome of departure, and (iii) the flight takes place at night; or (c) the air operator is authorized in its air operator certificate to carry persons, other than parachutists, and the air operator complies with the Commercial Air Service Standards. SOR/99-158, s. 6. Entering or Leaving a Helicopter in Flight 702.19 For the purposes of paragraph 602.25(2)(b), the pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight (a) where (i) the helicopter is operated at a low hover, (ii) the person is able to enter directly from or alight directly onto the supporting surface, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division III — Flight Operations Sections 702.19-702.21 (iii) the air operator is authorized to do so in its air operator certificate, and (iv) the air operator complies with the Commercial Air Service Standards; or (b) where (i) the helicopter is operated to enable hoisting or rappelling, and (ii) the air operator complies with section 702.21. Aircraft Operating over Water 702.20 No air operator shall, except when conducting a take-off or landing, operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Helicopter Class D External Loads 702.21 (1) Subject to subsection (2), no air operator shall operate a helicopter to carry a helicopter Class D external load unless (a) the helicopter is a multi-engined helicopter that meets the transport category engine-isolation requirements of Chapter 529 of the Airworthiness Manual and that is capable of hovering with one engine inoperative at the existing weight and altitude; (b) the air operator is authorized to do so in its air operator certificate; and (c) the air operator complies with the Commercial Air Service Standards. (2) An air operator may operate a helicopter other than a helicopter described in paragraph (1)(a) to carry a helicopter Class D external load if the air operator (a) is authorized to do so in its air operator certificate; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division III — Flight Operations Sections 702.21-702.23 (b) complies with the Commercial Air Service Standards. Built-up Area and Aerial Work Zone 702.22 (1) For the purposes of subsection 602.13(1), a person may conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town at a place other than an airport, heliport or a military aerodrome, if the person (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. (2) For the purposes of paragraph 602.15(2)(a), a person may operate an aircraft over a built-up area at altitudes and distances less than those specified in paragraph 602.14(2)(a), if the person (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. (3) For the purposes of subsection 602.16(2), a person may operate a helicopter that is carrying a helicopter Class B, C or D external load over a built-up area or in an aerial work zone, if the person (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. SOR/2007-87, s. 13. Briefing of Persons Other Than Flight Crew Members 702.23 The pilot-in-command shall ensure that persons, other than flight crew members, who are on board the aircraft are given a safety briefing that meets the Commercial Air Service Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division III — Flight Operations Sections 702.24-702.42 Operation of Aircraft in Icing Conditions 702.24 When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected. SOR/2009-152, s. 4. [702.25 to 702.31 reserved] Division IV — Aircraft Performance Operating Limitations [702.32 to 702.41 reserved] Division V — Aircraft Equipment Requirements Night and IMC Flights 702.42 (1) No person shall operate an aircraft at night unless the aircraft is equipped with (a) at least one landing light; and (b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice. (2) No person shall operate a multi-engined aircraft in IMC unless the aircraft is equipped with (a) two generators or two alternators, each of which is driven by a separate engine or by a rotor drive train; and (b) two independent sources of energy, at least one of which is not a battery, and each of which is able to drive all flight instruments requiring a source of energy and is installed so that the failure of one instrument or one source of energy will affect neither the energy supply to the remaining instruments nor the other source of energy. SOR/2009-152, s. 5. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division V — Aircraft Equipment Requirements Sections 702.43-702.46 Additional Equipment for Single-pilot Operations 702.43 No air operator shall operate an aircraft on a single-pilot operation in IFR flight unless the aircraft is equipped with (a) an auto-pilot that is capable of operating the aircraft controls to maintain flight and manoeuvre the aircraft about the lateral and longitudinal axes; (b) a headset with a boom microphone or equivalent and a transmit button on the control column; and (c) a chart holder that is equipped with a light and that is placed in an easily readable position. Shoulder Harnesses 702.44 No air operator shall operate an aircraft unless the pilot seat and any seat beside the pilot seat are equipped with a safety belt that includes a shoulder harness. External Load Equipment 702.45 No air operator shall operate an aircraft carrying an external load unless the attachment device is authorized in a supplemental type certificate or in an airworthiness approval relating to the operational configuration of the aircraft. ACAS 702.46 (1) Subject to subsection (3), no air operator shall operate a turbine-powered aeroplane having an MCTOW greater than 15 000 kg (33,069 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that (a) meets the requirements of CAN-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 CANTSO provides; and (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it. (2) Subject to subsection (3), no air operator shall operate a turbine-powered aeroplane having an MCTOW Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division V — Aircraft Equipment Requirements Section 702.46 greater than 15 000 kg (33,069 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that (a) meets the requirements of CAN-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 CANTSO provides; and (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it. (3) The air operator may operate the aeroplane without its being equipped with an operative ACAS if (a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; (b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list; or (c) the aeroplane is engaged in or configured for use in fire fighting, aerial spraying services or aerial surveying and operates only in low level airspace. (4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day. SOR/2007-133, s. 6; SOR/2009-280, ss. 37, 39, 41, 42. [702.47 to 702.53 reserved] Division VI — Emergency Equipment [702.54 to 702.63 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division VII — Personnel Requirements Sections 702.64-702.67 Division VII — Personnel Requirements Designation of Pilot-in-command and Second-in-command 702.64 An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command. Flight Crew Member Qualifications 702.65 No air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person (a) holds the licence and ratings required by Part IV or, where the air operator is the holder of an air operator certificate issued in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA, the equivalent foreign licence and ratings; (b) where the aircraft is operated in IFR flight and persons other than flight crew members are on board, has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards; (c) if the person is not the chief pilot, has successfully completed a competency check or a pilot proficiency check, the validity period of which has not expired, for that type of aircraft in accordance with the Commercial Air Service Standards; and (d) has fulfilled the requirements of the air operator’s ground and flight training program. SOR/99-158, s. 7; SOR/2020-150, s. 4. Check Authority 702.66 (1) A pilot proficiency check shall be conducted by the Minister. (2) Any other check required under this Subpart may be conducted by the Minister. Validity Period 702.67 (1) Subject to subsections (3) and (5), the validity period of a pilot proficiency check expires on the first Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division VII — Personnel Requirements Sections 702.67-702.76 day of the twenty-fifth month following the month in which the proficiency check was completed. (2) Subject to subsections (4) and (5), the validity period of a competency check and the annual training referred to in section 702.76 expires on the first day of the thirteenth month following the month in which the competency check or training was completed. (3) Where a pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by 24 months. (4) Where a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months. (5) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected. (6) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards. [702.68 to 702.75 reserved] Division VIII — Training Training Program 702.76 (1) Every air operator shall establish and maintain a ground and flight training program that is (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and (b) approved by the Minister in accordance with the Commercial Air Service Standards. (2) An air operator’s ground and flight training program shall include (a) company indoctrination training; (b) upgrading training; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division VIII — Training Sections 702.76-702.77 (c) training in the aerial work to be conducted; and (d) initial and annual training, including (i) aircraft type training, (ii) aircraft servicing and ground handling training, (iii) emergency procedures training, (iv) aircraft surface contamination training for pilots and other operations personnel, (v) training for personnel who are assigned to perform duties on board an aircraft or who are carried externally by an aircraft, and (vi) any other training required to ensure a safe operation under this Subpart. (3) An air operator shall (a) include a detailed syllabus of its ground and flight training program in its company operations manual; (b) ensure that adequate facilities and qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(d)(iv). Training and Qualification Records 702.77 (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of (a) the person’s name and, where applicable, personnel licence number, type and ratings; (b) if applicable, the person’s medical category and the expiry date of that category; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division VIII — Training Sections 702.77-702.78 (c) the dates on which the person, while in the air operator’s employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart; (d) information relating to any failure of the person, while in the air operator’s employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and (e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart. (2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years. (3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification. Amendments to Training Program 702.78 (1) If the Minister determines that an air operator’s training program required under section 702.76 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of (a) the corrective actions that the air operator is required to implement to its training program; and (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 702.76(1)(b). (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b). SOR/2022-17, s. 3. [702.79 and 702.80 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division IX — Manuals Sections 702.81-702.83 Division IX — Manuals Requirements relating to Company Operations Manual 702.81 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 702.82. (2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister. (3) Where there is a change in any aspect of an air operator’s operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual. (4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by section 702.82. Contents of Company Operations Manual 702.82 (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards. (2) A company operations manual shall be such that (a) all parts of the manual are consistent and compatible in form and content; (b) the manual can be readily amended; (c) the manual contains an amendment control page and a list of the pages that are in effect; and (d) the manual has the date of the last amendment to each page specified on that page. Distribution of Company Operations Manual 702.83 (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division IX — Manuals Sections 702.83-702.91 (2) If an air operator has established procedures in its company operations manual for amending the manual, the air operator may, instead of providing a copy of the appropriate parts of that manual to each crew member, place a copy of those parts (a) in each aircraft that it operates; or (b) in an appropriate place other than an aircraft that it operates for the purpose of conducting a parachute descent within 25 nautical miles of the aerodrome of departure. (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. SOR/2009-152, s. 6. Standard Operating Procedures 702.84 (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards. (2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft. [702.85 to 702.90 reserved] Division X — Flight Time, Flight Duty Period Limitations and Rest Periods Monitoring System 702.91 (1) An air operator shall have a system that monitors the flight time, flight duty periods and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system. (2) If a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time referred to in section 702.92 or the maximum flight duty period referred to in section 702.93 being Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division X — Flight Time, Flight Duty Period Limitations and Rest Periods Sections 702.91-702.93 exceeded, the person shall advise the air operator as soon as possible. SOR/2018-269, s. 14. Maximum Flight Time 702.92 (1) Subject to subsection (2), an air operator shall not assign flight time to a flight crew member, and a flight crew member shall not accept such an assignment, if the member’s total flight time will, as a result, exceed (a) 1,200 hours in any 365 consecutive days; (b) 300 hours in any 90 consecutive days; (c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days; (d) 60 hours in any 7 consecutive days; or (e) if the member conducts single-pilot IFR flights, eight hours in any 24 consecutive hours. (2) However, an air operator may assign flight time to a flight crew member, and a member may accept such an assignment, even if the member’s flight time will, as a result, exceed the flight time referred to in subsection (1) if (a) the extension of flight time is authorized in the air operator certificate; and (b) the air operator and the member comply with the Commercial Air Service Standards. (3) Subject to section 702.94, a flight crew member who reaches a flight time limitation established by this section shall not remain on flight duty or be reassigned to flight duty until the member has been provided with the rest period required by section 702.93 or the time free from duty required by section 702.96. SOR/2018-269, s. 14. Maximum Flight Duty Period and Rest Periods 702.93 (1) Subject to subsections (3) and (5), an air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if the member’s flight duty period will, as a result, exceed 14 consecutive hours in any 24 consecutive hours. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division X — Flight Time, Flight Duty Period Limitations and Rest Periods Sections 702.93-702.94 (2) Following a flight duty period, an air operator shall provide a flight crew member with the minimum rest period and any additional rest period required by this Subpart. (3) When a flight duty period includes a rest period, the flight duty period may be extended beyond the maximum flight duty period referred to in subsection (1) by onehalf the length of the rest period referred to in paragraph (b), to a maximum of three hours, if the air operator (a) provides the flight crew member with advance notice of the extension of the flight duty period; (b) provides the member with a rest period of at least four consecutive hours in suitable accommodation; and (c) does not interrupt the member’s rest period. (4) An air operator shall extend the rest period that follows the flight duty period referred to in subsection (3) and that is provided before the next flight duty period by an amount of time that is at least equal to the length of the extension of the flight duty period. (5) An air operator may assign a flight duty period to a flight crew member, and a flight crew member may accept such an assignment, even if the flight duty period will, as a result, exceed the maximum flight duty period referred to in subsection (1) if (a) the extension of the flight duty period is authorized in the air operator certificate; and (b) the air operator and the member comply with the Commercial Air Service Standards. SOR/2018-269, s. 14. Unforeseen Operational Circumstances 702.94 The total flight time referred to in subsection 702.92(1) and the maximum flight duty period referred to in subsection 702.93(1) may be exceeded if (a) the flight is extended as a result of an unforeseen operational circumstance that occurs after the beginning of the flight duty period; (b) the pilot-in-command, after consulting with the other flight crew members, considers it safe to exceed the total flight time and maximum flight duty period; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division X — Flight Time, Flight Duty Period Limitations and Rest Periods Sections 702.94-702.97 (c) the air operator and the pilot-in-command comply with the Commercial Air Service Standards. SOR/2018-269, s. 14. Delayed Reporting Time 702.95 If a flight crew member is notified of a delay in reporting time before leaving a rest facility and the delay is in excess of three hours, the member’s flight duty period is considered to have begun three hours after the original reporting time. SOR/2018-269, s. 14. Time Free from Duty 702.96 (1) An air operator shall provide each flight crew member with the following time free from duty: (a) at least 24 consecutive hours 13 times within any 90 consecutive days and 3 times within any 30 consecutive days; and (b) when the member is a flight crew member on call, at least 36 consecutive hours within any 7 consecutive days or at least 3 consecutive days within any 17 consecutive days. (2) However, an air operator may provide a flight crew member with time free from duty other than as required by paragraph (1)(a) if (a) the time free from duty is authorized in the air operator certificate; and (b) the air operator and the member comply with the Commercial Air Service Standards. (3) An air operator shall notify a flight crew member on call of the start and duration of the member’s time free from duty. SOR/2018-269, s. 14. Flight Crew Member Positioning 702.97 If a flight crew member is required by an air operator to travel for the purpose of positioning after the completion of a flight duty period, the air operator shall provide the member with an additional rest period that is at least equal to one-half the time spent travelling that is in excess of the member’s maximum flight duty period. SOR/2018-269, s. 14. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 2 — Aerial Work Division X — Flight Time, Flight Duty Period Limitations and Rest Periods Sections 702.98-703.02 Long-range Flights 702.98 (1) A flight duty period during which there is one flight or a series of flights and that ends more than four one-hour time zones from the point of departure, other than a series of flights that is conducted entirely within Northern Domestic Airspace, shall be limited to three flights, in the case of a series of fights, and shall be followed by a rest period that is at least equal to the length of the flight duty period. (2) If a flight referred to in subsection (1) is a transoceanic flight, the maximum number of flights that may be conducted after the transoceanic flight is one, excluding one unscheduled technical stop that occurs during the flight. SOR/2018-269, s. 14. Subpart 3 — Air Taxi Operations Division I — General Application 703.01 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 single-engined aircraft; (b) a multi-engined aircraft, other than a turbo-jetpowered aeroplane, that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of nine or less; (b.1) a multi-engined helicopter certified for operation by one pilot and operated under VFR; and (c) any aircraft that is authorized by the Minister to be operated under this Subpart. SOR/2005-193, s. 1. Aircraft Operation 703.02 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 703.07. [703.03 to 703.06 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division II — Certification Section 703.07 Division II — Certification Issuance or Amendment of Air Operator Certificate 703.07 (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) aircraft that are properly equipped for and flight crew members who are qualified for the area of operation and the type of operation; (e) an operational control system that meets the requirements of section 703.16; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division II — Certification Sections 703.07-703.08 (f) a training program that meets the requirements of this Subpart; (g) legal custody and control of at least one aircraft of each category of aircraft that is to be operated; (h) a company operations manual that meets the requirements of sections 703.104 and 703.105; and (i) a maintenance control system approved pursuant to Subpart 6. Contents of Air Operator Certificate 703.08 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 703.09; (f) specific conditions with respect to (i) the areas of operation authorized, (ii) the types of service authorized, (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and (iv) the main base, 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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division II — Certification Sections 703.08-703.09 (v) authorizations concerning flight crew member complement, (vi) pilot training and pilot proficiency checks, (vii) special helicopter procedures, (viii) the air operator maintenance control system approved pursuant to Subpart 6, (ix) leasing arrangements, (ix.1) navigation system authorizations, and (x) any other condition pertaining to the operation that the Minister deems necessary for aviation safety. SOR/2009-152, s. 7; SOR/2019-119, s. 38; SOR/2021-152, s. 9(F). General Conditions of Air Operator Certificate 703.09 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division II — Certification Sections 703.09-703.15 (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 (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point, or its managerial personnel, or (ii) ceasing to operate a type of aircraft authorized under this Subpart; and (j) the air operator shall conduct a safe operation. SOR/2009-152, s. 8. [703.10 to 703.13 reserved] Division III — Flight Operations Operating Instructions 703.14 (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. Scheduled Air Service Requirements 703.15 (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. (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. SOR/2007-87, s. 14. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.16-703.20 Operational Control System 703.16 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 703.17 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 703.18 (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 a copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual. (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 703.19 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. Fuel Requirements 703.20 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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.20-703.23 (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 Pilot’s Compartment 703.21 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-incommand of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the pilot’s compartment 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. Transport of Passengers in Single-engined Aircraft 703.22 (1) Subject to subsection (2), no air operator shall operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight. (2) An air operator may operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight if the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Aircraft Operating over Water 703.23 No air operator shall, except when conducting a take-off or landing, operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.23-703.27 (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Number of Passengers in Single-engined Aircraft 703.24 No air operator shall operate a single-engined aircraft with more than nine passengers on board unless (a) the aircraft is a transport category helicopter; (b) the air operator is authorized to do so in its air operator certificate; and (c) the air operator complies with the Commercial Air Service Standards. Carriage of External Loads 703.25 Except where carriage of an external load has been authorized in a type certificate or supplemental type certificate, no air operator shall operate an aircraft to carry an external load with passengers on board. Simulation of Emergency Situations 703.26 No person shall, if passengers or cargo are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft. SOR/2020-151, s. 16. VFR Flight Obstacle Clearance Requirements 703.27 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 300 feet AGL or at a horizontal distance of less than 300 feet from any obstacle. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.28-703.30 VFR Flight Minimum Flight Visibility — Uncontrolled Airspace 703.28 (1) Where an aeroplane is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(c)(i), operate the aeroplane when flight visibility is less than two miles if the person (a) is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. (2) Where a helicopter is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(d)(i), operate the helicopter when flight visibility is less than one mile if the person (a) is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. VFR Flight Weather Conditions 703.29 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 703.30 (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.30-703.33 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. (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 703.31 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. Enroute Limitations 703.32 No person shall operate a multi-engined aircraft with passengers on board in IFR flight or in night VFR flight if the weight of the aircraft is greater than the weight that will allow the aircraft to maintain, with any engine inoperative, the MOCA of the route to be flown. VFR OTT Flight 703.33 No person shall operate an aircraft in VFR OTT flight unless the person (a) is authorized to do so in an air operator certificate; and (b) complies with the Commercial Air Service Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.33-703.38 Routes in Uncontrolled Airspace 703.34 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. 703.35 [Reserved] Minimum Altitudes and Distances 703.36 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 703.37 (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. Passenger and Cabin Safety Procedures 703.38 (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.38-703.39 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); and (c) 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. (2) 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. (3) [Repealed, SOR/2019-296, s. 8] SOR/2019-296, s. 8. Briefing of Passengers 703.39 (1) The pilot-in-command shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards. (2) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility 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) An air operator shall ensure that each passenger is provided, at the passenger’s seat or by means of clearly visible placards, with the safety information required by the Commercial Air Service Standards. (4) 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.39-703.41 (5) 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. SOR/2009-152, s. 9. Instrument Approach Procedures 703.40 No person shall terminate an instrument approach with a landing unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection, (a) the condition of the runway or surface of intended landing; and (b) the wind direction and speed. SOR/2006-199, s. 17. Approach Bans — Non-precision Approach, APV and CAT I Precision 703.41 (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, (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Section 703.41 (a) the air operator is authorized to do so in its air operator certificate; (b) the aeroplane has a minimum flight crew composed of a pilot-in-command and a second-in-command; (c) if the flight crew does not use pilot-monitored-approach procedures, the aeroplane is equipped with an autopilot capable of conducting a non-precision approach or an APV to 400 feet AGL or lower; (d) the instrument approach procedure is conducted to straight-in minima; 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. (3) No person shall continue an SCDA non-precision approach unless (a) the air operator is authorized to do so in its air operator certificate; (b) the aeroplane has a minimum flight crew composed of a pilot-in-command and a second-in-command; (c) if the flight crew does not use pilot-monitored-approach procedures, the aeroplane is equipped with an autopilot capable of conducting a non-precision approach to 400 feet AGL or lower; (d) the instrument approach procedure is conducted to straight-in minima with a final approach course that meets the requirements of section 723.41 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards; (e) the final approach segment is conducted using a stabilized descent with a planned constant descent angle specified in section 723.41 of Standard 723 — Air Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Section 703.41 Taxi — Aeroplanes of the Commercial Air Service Standards; and (f) 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 unless (a) the air operator is authorized to do so in its air operator certificate; (b) the aeroplane has a minimum flight crew composed of a pilot-in-command and a second-in-command; (c) the aeroplane is equipped with (i) a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, or (ii) if the flight crew uses pilot-monitored-approach procedures, a flight director capable of conducting a precision approach to 200 feet AGL or lower; (d) the runway is equipped with serviceable high-intensity approach lighting, high-intensity runway centreline lighting and high-intensity runway edge lighting; and (e) a visibility report indicates that (i) the visibility is equal to or greater than that set out in subsection (1), Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division III — Flight Operations Sections 703.41-703.42 (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 Column I Column II Canada Air Pilot Advisory Visibility Visibility Report Item Statute miles RVR in feet Statute miles Feet 1/2 2 600 1/4 1 200 3/4 4 000 3/8 2 000 5 000 1/2 2 600 1 1/4 5/8 3 400 1 1/2 3/4 4 000 1 3/4 5 000 5 000 2 1/4 1 1/4 6 000 2 1/2 1 1/4 greater than 6 000 2 3/4 1 1/2 greater than 6 000 1 1/2 greater than 6 000 SOR/2006-199, s. 17. Operation of Aircraft in Icing Conditions 703.42 When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected. SOR/2009-152, s. 10. [703.43 to 703.51 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division IV — Aircraft Performance Operating Limitations Sections 703.64-703.65 Division IV — Aircraft Performance Operating Limitations [703.52 to 703.63 reserved] Division V — Aircraft Equipment Requirements Night and IMC Flight [SOR/2009-152, s. 11] 703.64 (1) No person shall operate a multi-engined aircraft with passengers on board in IMC unless the aircraft is equipped with (a) a power failure warning device or vacuum indicator to show the power available for gyroscopic instruments from each power source; (b) an alternate source of static pressure for the altimeter and the airspeed and vertical speed indicators; (c) two generators, each of which is driven by a separate engine or by a rotor drive train; and (d) two independent sources of energy, at least one of which is an engine-driven pump or generator, and each of which is able to drive all gyroscopic instruments and is installed so that the failure of one instrument or one source of energy will affect neither the energy supply to the remaining instruments nor the other source of energy. (2) No person shall operate an aircraft at night unless the aircraft is equipped with (a) at least one landing light; and (b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice. SOR/2009-152, s. 12. Airborne Thunderstorm Detection and Weather Radar Equipment 703.65 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division V — Aircraft Equipment Requirements Sections 703.65-703.69 Additional Equipment for Single-pilot Operations 703.66 No person shall operate an aircraft on a singlepilot 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 placed in an easily readable position and a means of illumination for the chart holder. Protective Breathing Equipment 703.67 (1) No air operator shall operate a pressurized aircraft unless protective breathing equipment with a 15minute 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 703.68 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 703.69 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division V — Aircraft Equipment Requirements Section 703.70 ACAS 703.70 (1) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that (a) meets the requirements of CAN-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 CANTSO provides; and (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it. (2) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that (a) meets the requirements of CAN-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 CANTSO provides; or (b) meets the requirements of CAN-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 CANTSO provides and is equipped with a Mode S transponder that meets the requirements of CANTSO-C112 or a more recent version of it. (3) The air operator may operate the aeroplane without its being equipped with an operative ACAS if (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division V — Aircraft Equipment Requirements Sections 703.70-703.71 (4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day. SOR/2007-133, s. 7; SOR/2009-280, ss. 37, 39 to 42. TAWS 703.71 (1) Subject to subsection (2), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151a or a more recent version of it; (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and (c) has a terrain and airport database compatible with the area of operation. (2) The air operator may operate the aeroplane without its being equipped with an operative TAWS if (a) the aeroplane is operated in day VFR only; (b) in the event that 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 day on which the failure of the TAWS occurs; or (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS 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. (3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day. SOR/2012-136, s. 11; SOR/2020-253, s. 11. [703.72 to 703.81 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VI — Emergency Equipment Sections 703.82-703.83 Division VI — Emergency Equipment Inspection Requirements 703.82 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer. SOR/2020-253, s. 12. Flotation Devices 703.83 (1) Subject to subsection (4), the air operator of a seaplane shall have, in its company operations manual, procedures to ensure that each crew member and passenger wears an inflatable life preserver, an inflatable individual flotation device or an inflatable personal flotation device when the seaplane is operated on or above water. (2) Subject to subsection (4), the pilot-in-command of a seaplane shall give an instruction to each crew member and passenger to wear an inflatable life preserver, an inflatable individual flotation device or an inflatable personal flotation device when the seaplane is operated on or above water. (3) For the purposes of this section, a person is wearing an inflatable life preserver, an inflatable individual flotation device or an inflatable personal flotation device if it (a) is in a pouch that is attached to the person’s waist; (b) has been placed over the person’s head and is secured at his or her waist; or (c) is attached to the person in accordance with the manufacturer’s instructions. (4) This section does not apply in respect of a person who is carried on a stretcher or in an incubator or other similar device. SOR/2019-49, s. 4. [703.84 and 703.85 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VI — Emergency Equipment Sections 703.85.1-703.85.2 First Aid Kits 703.85.1 No person shall conduct a take-off in an aircraft operated by an air operator unless the first aid kit carried on board in accordance with paragraph 602.60(1)(h) contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations. SOR/2020-253, s. 13. Survival Equipment 703.85.2 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1). (2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains (a) a life raft repair kit; (b) a bailing bucket and a sponge; (c) a whistle; (d) a waterproof flashlight; (e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; (f) a waterproof survival manual that contains information about how to use the survival equipment; (g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and (h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VI — Emergency Equipment Sections 703.85.2-703.88 (3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain (a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and (b) motion sickness pills. SOR/2020-253, s. 13. Division VII — Personnel Requirements Minimum Crew 703.86 No air operator shall operate an aircraft with passengers on board in IFR flight with fewer than two pilots unless the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. Designation of Pilot-in-command and Second-in-command 703.87 (1) 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. (2) An air operator shall record on the operational flight plan the name of the pilot-in-command and, if applicable, the second-in-command who were designated under subsection (1) and shall retain the plan for at least 180 days after the day on which the flight is completed. SOR/2019-119, s. 39. Flight Crew Member Qualifications 703.88 (1) Subject to subsections (6) and (7), 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VII — Personnel Requirements Section 703.88 (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 or competency check for that type of aircraft, the validity period of which has not expired, in accordance with the Commercial Air Service Standards as follows: (i) in the case of the pilot-in-command of a multiengined aircraft or of a single-engined aeroplane that is operated in accordance with subsection 703.22(2), a pilot proficiency check for that type of aircraft, (ii) in the case of the pilot-in-command of a singleengined helicopter, a pilot proficiency check on one of the types of single-engined helicopters operated by the air operator, (iii) in the case of the second-in-command of a multi-engined aircraft, a pilot proficiency check or a competency check for that type of aircraft, and (iv) in the case of the pilot-in-command of a singleengined aeroplane that is not operated in accordance with subsection 703.22(2), a competency check for that type of aircraft; and (d) has fulfilled the requirements of the air operator’s ground and flight training program. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VII — Personnel Requirements Section 703.88 (2) An air operator may group similar aeroplanes as a single type for 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 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. (4) No air operator shall permit a person to act and no person shall act as the pilot-in-command of an aircraft with passengers on board unless the person has acquired, prior to designation as pilot-in-command, the following flight time on that type and basic model of aircraft and in the pilot-in-command position: (a) in the case of a single-engined aeroplane or a helicopter, five hours; or (b) in the case of a multi-engined aeroplane, 15 hours. (5) The flight time required by subsection (4) may be reduced by one hour for each take-off and landing completed, up to a maximum of 50 per cent. (6) An air operator may permit a person to act and a person may act as a flight crew member in an aircraft if the person does not meet the requirements set out in paragraphs (1)(b) to (d) if the air operator (a) is authorized to do so in its air operator certificate; and (b) complies with the Commercial Air Service Standards. (7) Subparagraph (1)(c)(iv) does not apply in the case of a chief pilot who acts as pilot-in-command of a single-engined aeroplane that is not operated in accordance with subsection 703.22(2). SOR/99-158, s. 8; SOR/2000-45, s. 1. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VII — Personnel Requirements Sections 703.89-703.91 Qualifications of Operational Control Personnel 703.89 (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, satisfy the air operator that the person still has the knowledge and abilities referred to in subsection (1). Check Authority 703.90 (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 703.91 (1) Subject to subsections (2) and (3), the validity period of a pilot proficiency check, a competency check and the annual training referred to in section 703.98 expires on the first day of the thirteenth month following the month in which the pilot proficiency check, competency check or training was completed. (2) Where a pilot proficiency check, a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months. (3) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected. (4) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards. [703.92 to 703.97 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VIII — Training Section 703.98 Division VIII — Training Training Program 703.98 (1) Every air operator shall establish and maintain a ground and flight training program that is (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and (b) approved by the Minister in accordance with the Commercial Air Service Standards. (2) An air operator’s ground and flight training program shall include (a) company indoctrination training; (b) upgrading training; (c) initial and annual training, including (i) aircraft type training, (ii) aircraft servicing and ground handling training, (iii) emergency procedures training, (iv) training for operational control personnel, and (v) aircraft surface contamination training for pilots and other operations personnel; (c.1) initial training followed by training every three years on underwater egress for seaplane pilots; and (d) 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 qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VIII — Training Sections 703.98-703.99 (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(c)(v). (4) An air operator shall have a fatigue management training program for its flight crew members that contains (a) personal fatigue management strategies relating to (i) sleep hygiene, (ii) lifestyle, exercise and diet, and (iii) the consumption of alcohol and drugs; (b) the impact of fatigue on aviation safety; (c) sleep requirements and the science relating to fatigue; (d) the causes and consequences of fatigue; (e) how to recognize fatigue in themselves and in others; (f) sleep disorders, their impact on aviation safety and treatment options; and (g) human and organizational factors that may cause fatigue, including (i) sleep quality and duration, (ii) the impact of shift work and overtime, (iii) the circadian rhythm, and (iv) the effects of changes of time zones. SOR/2018-269, s. 15; SOR/2019-49, s. 5. Training and Qualification Records 703.99 (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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division VIII — Training Sections 703.99-703.100 (c) the dates on which the person, while in the air operator’s employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart; (d) information relating to any failure of the person, while in the air operator’s employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and (e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart. (2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years. (3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification. Amendments to Training Program 703.100 (1) If the Minister determines that an air operator’s training program required under section 703.98 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of (a) the corrective actions that the air operator is required to implement to its training program; and (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 703.98(1)(b). (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b). SOR/2022-17, s. 4. [703.101 to 703.103 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division IX — Manuals Sections 703.104-703.106 Division IX — Manuals Requirements Relating to Company Operations Manual 703.104 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 703.105. (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 703.105. Contents of Company Operations Manual 703.105 (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 703.106 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 3 — Air Taxi Operations Division IX — Manuals Sections 703.106-704.01 (2) An air operator may place a copy of the appropriate parts of its company operations manual in each aircraft that it operates, instead of providing a copy to each crew member, if the air operator has established in its company operations manual procedures for amending that manual. (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties. Standard Operating Procedures 703.107 (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. [703.108 and 703.109 reserved] Subpart 4 — Commuter Operations 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; (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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division I — General Sections 704.01-704.07 unless it is certified for operation with one pilot and operated under VFR; and (c) any aircraft that is authorized by the Minister to be operated under this Subpart. SOR/2005-193, s. 2. 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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division II — Certification Sections 704.07-704.08 (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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division II — Certification Section 704.08 (f) specific conditions with respect to (i) the areas of operation authorized, (ii) the types of service authorized, (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and (iv) the main base, 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. SOR/2009-152, s. 13. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division II — Certification Section 704.09 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 (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or (ii) ceasing to operate a type of aircraft authorized under this Subpart; and (j) the air operator shall conduct a safe operation. SOR/2009-152, s. 14. [704.10 and 704.11 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.12-704.16 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. (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. SOR/2007-87, s. 15. 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.17-704.20 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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.20-704.23 (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-incommand 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, if passengers or cargo are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft. SOR/2020-151, s. 17. 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.24-704.26 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.26-704.30 (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, SOR/2007-78, s. 1] (b) the person is authorized to do so in an air operator certificate; and (c) the person complies with the Commercial Air Service Standards. SOR/2007-78, s. 1. 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] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.31-704.33 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. Passenger and Cabin Safety Procedures [SOR/2019-119, s. 40] 704.33 (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 requirements of section 724.33 of 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Section 704.33 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) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in (a) subsection 724.33(2) of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards, in the case of an aeroplane; or (b) subsection 724.33(2) of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, in the case of a helicopter. (5) [Repealed, SOR/2019-296, s. 9] SOR/2019-119, s. 41; SOR/2019-295, s. 14; SOR/2019-296, s. 9. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.34-704.36 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) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility 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. SOR/2009-152, s. 15. 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 704.36 (1) No person shall conduct a CAT II or CAT III precision approach unless (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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.36-704.37 (a) the condition of the runway or surface of intended landing; and (b) the wind direction and speed. SOR/2006-199, s. 19. Approach Bans — Non-precision, APV, and CAT I Precision 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, (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 (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-monitoredapproach 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Section 704.37 (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 (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-monitoredapproach 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), Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Section 704.37 (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 (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-monitoredapproach 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 highintensity 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Section 704.37 (iii) the runway is equipped with serviceable highintensity 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 Column I Column II Canada Air Pilot Advisory Visibility Visibility Report Item Statute miles RVR in feet Statute miles Feet 1/2 2 600 1/4 1 200 3/4 4 000 3/8 2 000 5 000 1/2 2 600 1 1/4 5/8 3 400 1 1/2 3/4 4 000 1 3/4 5 000 5 000 2 1/4 1 1/4 6 000 2 1/2 1 1/4 greater than 6 000 2 3/4 1 1/2 greater than 6 000 1 1/2 greater than 6 000 SOR/2006-199, s. 19. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division III — Flight Operations Sections 704.43-704.46 [704.38 to 704.42 reserved] Division IV — Aeroplane Performance Operating Limitations Non-application 704.43 This Division does not apply to a seaplane when it takes off from or lands on water. SOR/2019-135, s. 4. Calculations 704.44 Any determination made for the purposes of sections 704.45 to 704.51 shall be based on the approved performance information specified in the aircraft flight manual. SOR/2019-135, s. 4. Type Certification Performance Requirements 704.45 (1) No air operator shall authorize a flight unless the aeroplane has been certified on the basis of the type certification performance requirements set out in (a) Subchapter B Flight — General of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes or Subchapter B Flight — General of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual; (b) Part 23 — at amendment 23-34 and later — or Part 25, Title 14 of the Code of Federal Regulations of the United States; or (c) Special Federal Aviation Regulation 41C, published by the Government of the United States, which includes the performance requirements set out in Annex 8 to the Convention. (2) Despite subsection (1), an air operator may authorize the take-off of an aeroplane if the aeroplane has fewer than 10 passengers on board or is operated in a nonscheduled air service. SOR/2019-135, s. 4. Take-off and Landing Weight Limitations 704.46 (1) Subject to section 704.51, no air operator shall authorize a flight — and no person shall conduct a Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Section 704.46 take-off — in an aeroplane unless the following conditions are met: (a) the weight of the aeroplane does not exceed the maximum take-off weight specified in the aircraft flight manual for the pressure-altitude and the ambient temperature at the departure aerodrome; and (b) after allowing for planned fuel consumption during the flight to the destination aerodrome or alternate aerodrome, the weight of the aeroplane does not exceed the maximum 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 paragraph (1)(a) for a propeller-driven aeroplane having an MCTOW of not more than 5 700 kg (12,566 pounds), (a) the required accelerate-stop distance specified in the aircraft flight manual shall not exceed the accelerate-stop distance available (ASDA) unless (i) the maximum take-off weight is not limited by the accelerate-stop distance requirements set out in the aircraft flight manual, and (ii) the aeroplane has fewer than 10 passengers on board or is operated in a non-scheduled air service; and (b) the all-engines-operating take-off distance specified in the aircraft flight manual shall not exceed the take-off distance available (TODA). (3) In the determination of the maximum take-off weight referred to in paragraph (1)(a) for a turbo-jet-powered aeroplane or a large aeroplane that is propeller-driven, (a) the required accelerate-stop distance specified in the aircraft flight manual shall not exceed the accelerate-stop distance available (ASDA) unless, in the case of a large aeroplane that is propeller-driven, (i) the maximum take-off weight is not limited by the required accelerate-stop distance requirements set out in the aircraft flight manual, and (ii) the aeroplane has fewer than 10 passengers on board; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Section 704.46 (b) the required take-off run specified in the aircraft flight manual shall not exceed the take-off run available (TORA); and (c) the required take-off distance specified in the aircraft flight manual shall not exceed the take-off distance available (TODA) unless, in the case of a large aeroplane that is propeller-driven, (i) the maximum take-off weight is not limited by the take-off distance requirements set out in the aircraft flight manual, and (ii) the aeroplane has fewer than 10 passengers on board. (4) In the determination of the maximum take-off weights referred to in subsections (2) and (3), the following factors shall be taken into account: (a) the pressure-altitude at the aerodrome; (b) the ambient temperature at the aerodrome; (c) the runway slope in the direction of take-off; and (d) a wind component that is not more than 50% of the reported headwind or not less than 150% of the reported tailwind. (5) In the case of a take-off or landing on a gravel runway, the maximum weights referred to in paragraphs (1)(a) and (b) shall be determined in accordance with the gravel runway information specified in the aircraft flight manual. (6) In the absence of the information referred to in subsection (5) for a propeller-driven aeroplane, the maximum weights referred to in paragraphs (1)(a) and (b) shall be determined on the basis of the information specified in the aircraft flight manual for a dry, paved hardsurface runway that does not exceed 1 524 m (5,000 feet) in length, except that (a) no credit shall be allowed for reverse thrust; (b) in determining the maximum take-off weight, no credit shall be allowed for any clearway; and (c) the corresponding length of dry, paved hard-surface runway used to determine the take-off distance required, the accelerate-stop distance required and the landing distance required shall be obtained by dividing the length of the gravel runway by a factor of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Sections 704.46-704.47 (i) 1.10, in the case of an aeroplane with an MCTOW of not more than 5 700 kg (12,566 pounds), or (ii) 1.15, in the case of a large aeroplane. SOR/2019-135, s. 4. Net Take-off Flight Path 704.47 (1) Subject to subsection (3), no air operator shall authorize a flight — and no person shall conduct a take-off — in a turbo-jet-powered aeroplane, a large aeroplane that is propeller-driven or a propeller-driven aeroplane that has a passenger seating configuration of 10 or more, if the weight of the aeroplane exceeds the weight specified in the aircraft flight manual as allowing a net take-off flight path that clears all obstacles by at least 10.7 m (35 feet) vertically or at least 60 m (200 feet) horizontally within the aerodrome boundaries, and by at least 91.5 m (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 at the aerodrome, and (v) the wind component at the time of take-off, that is not more than 50% of the reported headwind or not less than 150% of the reported tailwind; (b) calculations shall be based on the pilot (i) not banking the aeroplane before reaching an altitude of 15 m (50 feet), (ii) subject to paragraph (c), using no more than 15 degrees of bank at altitudes between 15 m (50 feet) and 122 m (400 feet), and (iii) using no more than 25 degrees of bank at altitudes above 122 m (400 feet), aeroplane speed and configuration permitting; and (c) a bank angle greater than the angle referred to in subparagraph (b)(ii) may be used if it is authorized in an air operator certificate. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Section 704.47 (3) An air operator may authorize a flight — and a pilotin-command may conduct a take-off — in an aeroplane referred to in subsection (1) that does not meet the requirements of that subsection if (a) in the case of a large aeroplane that is propellerdriven and for which visual obstacle clearance procedures are used during take-off and climb, (i) the aeroplane has fewer than 10 passengers on board, (ii) the air operator has conducted an obstacle assessment to identify fixed and transient obstacles along the take-off flight path, (iii) the air operator has set out, in the company operations manual, a one-engine-inoperative departure plan that allows the pilot-in-command to rely on visual guidance to manoeuvre the aeroplane in a manner that will allow the net take-off flight path to be clear of all obstacles by at least 10.7 m (35 feet) vertically or at least 60 m (200 feet) horizontally within the aerodrome boundaries, and by at least 91.5 m (300 feet) horizontally outside those boundaries, until the aeroplane has reached the end of the take-off flight path, (iv) the one-engine-inoperative departure plan includes (A) an obstacle assessment to identify fixed and transient obstacles along the take-off flight path, (B) the aeroplane’s approved performance information specified in the aircraft flight manual, and (C) the visual reference points to be used along the take-off flight path, and (v) existing meteorological conditions allow the clearance, through visual guidance, of all obstacles and terrain by the margins specified in subparagraph (iii); or (b) in the case of an aeroplane operated in a nonscheduled air service, (i) the take-off weight of the aeroplane is not limited by any take-off weight limitations specified in the aircraft flight manual, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Sections 704.47-704.49 (ii) the aerodrome elevation is at or below 1 220 m (4,000 feet) ASL, and (iii) the ceiling and visibility are at or above the landing and approach minima for the departure aerodrome. SOR/2019-135, s. 4; SOR/2021-152, s. 10(F). 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 an aeroplane unless (a) in the case of a turbo-jet-powered aeroplane, the weight of the aeroplane on landing at the destination aerodrome and at the alternate aerodrome will allow a full-stop landing within 60% of the landing distance available (LDA); (b) in the case of a large aeroplane that is propellerdriven, the weight of the aeroplane on landing at the destination aerodrome and at the alternate aerodrome will allow a full-stop landing within 70% of the landing distance available (LDA); or (c) in the case of a large aeroplane that is propellerdriven and equipped with reverse thrust, the weight of the aeroplane on landing at the destination aerodrome and at the alternate aerodrome will allow a full-stop landing within 80% of the landing distance available (LDA) if (i) the approach speed does not exceed an indicated airspeed of 100 knots, taking into account the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Sections 704.49-704.50 estimated weight of the aeroplane, the flap setting and the ambient conditions expected on arrival, (ii) the reverse thrust is operative and the runway surface conditions permit the use of full-rated reverse thrust, (iii) the aeroplane is operated on a paved, hardsurface runway, (iv) the runway surface is forecast to be bare and dry at the estimated time of arrival, (v) each flight crew member has completed specific training on short-field landing techniques on that type of aeroplane within the 12 months preceding the flight, and (vi) the glide-path angle specified in the Canada Air Pilot or the Restricted Canada Air Pilot is not greater than 3 degrees and the runway threshold crossing height is not greater than 15 m (50 feet). (2) In determining whether an aeroplane may be dispatched or a take-off may be conducted under subsection (1), the following shall be taken into account: (a) the pressure-altitude at the destination aerodrome and at the alternate aerodrome; (b) a wind component that is not more than 50% of the reported headwind or not less than 150% of the reported tailwind at the destination aerodrome and at the alternate aerodrome; and (c) the suitability of the runway with respect to the wind speed and direction, the ground handling characteristics of the aeroplane, the landing aids and the terrain. (3) If conditions at the destination aerodrome at the time of take-off do not permit compliance with the requirement set out in paragraph (2)(c), an aeroplane may be dispatched and a take-off may be conducted if conditions at the alternate aerodrome designated in the operational flight plan permit, at the time of take-off, compliance with the requirements set out in paragraph (1)(a) or (b) and subsection (2). SOR/2019-135, s. 5. 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Sections 704.50-704.52 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. Take-off and Landing on Gravel Runways 704.51 (1) No air operator shall authorize a flight from or to a gravel runway in an aeroplane unless the company operations manual sets out procedures for take-offs and landings on gravel runways. (2) No person shall conduct a take-off or landing in an aeroplane on a gravel runway unless the person has (a) received ground training that includes the characteristics of take-off and landing surfaces, the conduct of obstacle assessments, and the air operator’s procedures for take-offs and landings on gravel runways; (b) conducted, within the previous two years, at least one take-off and one landing on a gravel runway in an aeroplane of the same type as the one to be operated; and (c) been certified by the chief pilot as being competent to conduct take-offs and landings on gravel runways. SOR/2019-135, s. 6. Take-off and Landing on Unprepared Surfaces 704.52 No person shall conduct a take-off or a landing on an unprepared surface in an aeroplane for which the aircraft flight manual does not set out any information relating to unprepared surface operations, unless (a) the aeroplane is propeller-driven; (b) the air operator has set out, in the company operations manual, procedures for take-offs and landings on unprepared surfaces, including (i) procedures for obtaining the air operator’s approval for unprepared surface operations, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IV — Aeroplane Performance Operating Limitations Sections 704.52-704.62 (ii) procedures for assessing unprepared surfaces and unfamiliar approach and departure paths; and (c) before acting as pilot-in-command during a takeoff or a landing on an unprepared surface, the person has (i) acquired at least 100 hours of flight time in an aeroplane of the same type as the one to be operated, (ii) received ground and flight training that includes the characteristics of take-off and landing surfaces, the conduct of obstacle assessments and the interpretation of the applicable aeroplane performance information specified in the aircraft flight manual, (iii) acquired at least 25 hours of line indoctrination training that includes unprepared surface operations, and (iv) been certified by the chief pilot or his or her delegate as being competent to conduct take-offs and landings on unprepared surfaces. SOR/2019-135, s. 6. [704.53 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division V — Aircraft Equipment Requirements Sections 704.62-704.65 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) When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected. (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. SOR/2009-152, s. 16. 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 singlepilot 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division V — Aircraft Equipment Requirements Sections 704.65-704.69 (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 15minute 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 704.69 After June 30, 2008, no person shall conduct a takeoff in a transport category aeroplane, or in a nontransport 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. SOR/2007-78, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division V — Aircraft Equipment Requirements Section 704.70 ACAS 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 (a) meets the requirements of CAN-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 CANTSO provides; or (b) meets the requirements of CAN-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 CANTSO provides and is equipped with a Mode S transponder that meets the requirements of CANTSO-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 (a) meets the requirements of CAN-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 CANTSO provides; and (b) is equipped with a Mode S transponder that meets the requirements of CAN-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 (a) meets the requirements of CAN-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 CANTSO provides; and (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division V — Aircraft Equipment Requirements Sections 704.70-704.71 (4) The air operator may operate the aeroplane without its being equipped with an operative ACAS if (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. SOR/2007-133, s. 8; SOR/2009-280, ss. 37, 39 to 42. TAWS 704.71 (1) Subject to subsection (3), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of six to nine inclusive, unless the aeroplane is equipped with an operative TAWS that (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151a or a more recent version of it; (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and (c) has a terrain and airport database compatible with the area of operation. (2) Subject to subsection (3), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of ten or more, unless the aeroplane is equipped with an operative TAWS that (a) meets the requirements for Class A equipment set out in CAN-TSO-C151a or a more recent version of it; (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division V — Aircraft Equipment Requirements Sections 704.71-704.84 (c) has a terrain and airport database compatible with the area of operation and a terrain awareness and situational display. (3) The air operator may operate the aeroplane without its being equipped with an operative TAWS if (a) the aeroplane is operated in day VFR only; (b) in the event that 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 day on which the failure of the TAWS occurs; or (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS 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. (4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day. SOR/2012-136, s. 12; SOR/2020-253, s. 14; SOR/2020-253, s. 15. [704.72 to 704.82 reserved] 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. Inspection Requirements 704.84 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer. SOR/2020-253, s. 16. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VI — Emergency Equipment Sections 704.85-704.86 First Aid Kits 704.85 No person shall conduct a take-off in an aircraft operated by an air operator unless the first aid kit carried on board in accordance with paragraph 602.60(1)(h) contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations. SOR/2020-253, s. 16. Survival Equipment 704.86 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1). (2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains (a) a life raft repair kit; (b) a bailing bucket and a sponge; (c) a whistle; (d) a waterproof flashlight; (e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; (f) a waterproof survival manual that contains information about how to use the survival equipment; (g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and (h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VI — Emergency Equipment Sections 704.86-704.108 (3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain (a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and (b) motion sickness pills. SOR/2020-253, s. 16. [704.87 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 (1) 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. (2) An air operator shall record on the operational flight plan the name of the pilot-in-command and, if applicable, the second-in-command who were designated under subsection (1) and shall retain the plan for at least 180 days after the day on which the flight is completed. SOR/2019-119, s. 42. 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VII — Personnel Requirements Section 704.108 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VII — Personnel Requirements Sections 704.108-704.110 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VII — Personnel Requirements Sections 704.111-704.115 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VIII — Training Section 704.115 (A) aircraft type training, (B) aircraft servicing and ground handling training, (C) emergency procedures training, and (D) aircraft surface contamination training; (a.1) initial training followed by training every three years on underwater egress for seaplane pilots; (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). (4) An air operator shall have a fatigue management training program for its flight crew members that contains (a) personal fatigue management strategies relating to (i) sleep hygiene, (ii) lifestyle, exercise and diet, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VIII — Training Sections 704.115-704.116 (iii) the consumption of alcohol and drugs; (b) the impact of fatigue on aviation safety; (c) sleep requirements and the science relating to fatigue; (d) the causes and consequences of fatigue; (e) how to recognize fatigue in themselves and in others; (f) sleep disorders, their impact on aviation safety and treatment options; and (g) human and organizational factors that may cause fatigue, including (i) sleep quality and duration, (ii) the impact of shift work and overtime, (iii) the circadian rhythm, and (iv) the effects of changes of time zones. SOR/2018-269, s. 16; SOR/2019-49, s. 6. 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VIII — Training Sections 704.117-704.118 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. Amendments to Training Program 704.118 (1) If the Minister determines that an air operator’s training program required under 704.115 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of (a) the corrective actions that the air operator is required to implement to its training program; and (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 704.115(1)(b). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division VIII — Training Sections 704.118-704.121 (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b). SOR/2022-17, s. 5. [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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IX — Manuals Sections 704.121-704.124 (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 4 — Commuter Operations Division IX — Manuals Sections 704.124-705.03 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] Subpart 5 — Airline Operations 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 705.03 (1) [Repealed, SOR/2019-295, s. 15] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division I — General Sections 705.03-705.04 (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). SOR/2005-173, s. 22; SOR/2019-295, s. 15. Holder of More Than One Certificate 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, (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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division I — General Sections 705.04-705.07 (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. SOR/2005-173, s. 22. [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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division II — Certification Sections 705.07-705.08 (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; (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. SOR/2005-173, s. 23; SOR/2005-357, s. 7. 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division II — Certification Section 705.08 (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 main base, 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. SOR/2009-152, s. 17. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division II — Certification Section 705.09 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 (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or (ii) ceasing to operate a type of aircraft authorized under this Subpart; and (j) the air operator shall conduct a safe operation. SOR/2009-152, s. 18. [705.10 to 705.15 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.16 Division III — Flight Operations Exceptions 705.16 (1) Sections 705.40, 705.43, 705.75, 705.77 to 705.79, 705.139 and 705.201 do not apply if 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.16-705.20 (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. SOR/2015-127, s. 15. 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 and each flight dispatcher to acknowledge receipt of that information. SOR/2009-152, s. 19. 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. (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. SOR/2007-87, s. 16. 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.21-705.24 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 (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. SOR/99-158, s. 9. 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.24-705.25 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.26-705.27 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-incommand 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) An air operator shall ensure that only the following persons are admitted to the flight deck of an aircraft: (a) a crew member; (b) an inspector referred to in subsection (1); and (c) a person authorized by the air operator under subsection (4). (4) An air operator shall not authorize a person referred to in column I of the table to this section to access the flight deck of an aircraft operating in domestic service unless the access would not have an adverse effect on aviation safety and the air operator has verified Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.27 (a) that the person is a person referred to in column I of the table and is employed by an employer referred to in column II of the table; and (b) the identity of the person by examining the document referred to in column III of the table and one of the documents referred to in column IV of the table. (5) An air operator that authorizes access to the flight deck of an aircraft shall keep a record of the following information for two years after the day on which access is authorized: (a) the name of the authorized person; (b) the name of their employer; and (c) the date of the flight and flight number. (6) Before each flight, an air operator shall notify the pilot-in-command of the identity of the persons who the operator has authorized to access the flight deck of an aircraft. (7) Before admitting a person authorized under subsection (4) to the flight deck of an aircraft, the pilot-in-command shall verify the identity of the person by means of the documents referred to in paragraph 4(b). (8) A person authorized under subsection (4) who is admitted to the flight deck of an aircraft may only occupy an observer seat. (9) The pilot-in-command may refuse access to the flight deck of an aircraft if they are of the opinion that there would be an adverse effect on aviation safety. (10) The air operator shall set out, in its company operations manual, procedures respecting (a) the granting of authorization to access the flight deck; (b) the verification required under subsection (4); and (c) the notice to be provided to the pilot-in-command under subsection (6). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.27 TABLE Column I Column II Colu Item Person Employer Man Doc Canadian pilot travelling Canadian air operator for positioning or personal reasons Foreign pilot travelling for positioning or for personal reasons Foreign wholly owned Vali subsidiary or code share iden partner of the air operator emp Flight attendant, flight engineer or a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the air operator (a) Canadian air operator; Vali (b) Foreign wholly owned iden subsidiary or code share emp Air operator employee Air operator that authorized the access to the flight deck Vali iden emp Colonne I Colonne II Colo Article Personne Employeur Docu oblig Pilote canadien se déplaçant pour la mise en place ou pour des raisons personnelles Exploitant aérien canadien Cart régle Vali card partner of the air operator; or (c) Person providing a service to the air operator TABLEAU Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.27-705.29 Colonne I Colonne II Colo Article Personne Employeur Docu oblig Pilote étranger se déplaçant pour la mise en place ou pour des raisons personnelles Filiale étrangère à cent Pièc pour cent de l’exploitant valid aérien ou un partenaire étranger à code partagé de l’exploitant aérien Agent de bord, mécanicien navigant ou personne qui possède une expertise liée à l’aéronef, à son équipement ou à ses membres d’équipage et qui doit être dans le poste de pilotage pour fournir un service à l’exploitant aérien a) Exploitant aérien canadien Employé d’un exploitant aérien Exploitant aérien qui a Pièc autorisé l’accès au poste valid de pilotage Pièc valid b) Filiale étrangère à cent pour cent de l’exploitant aérien ou un partenaire étranger à code partagé de l’exploitant aérien c) Personne offrant un service à l’exploitant aérien SOR/99-158, s. 10; SOR/2002-135, s. 1; SOR/2020-151, s. 18. 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.29-705.34 (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, if passengers or cargo are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft. SOR/2020-151, s. 19. 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.34-705.35 (a) in the case of a twin-engined aircraft, within the distance that can be flown in 60 minutes at the oneengine-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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.36-705.39 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] 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. (4) An air operator shall specify in its company operation manual (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. SOR/99-158, s. 11. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.40 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) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in subsection 725.40(2) of Standard 725 — Airline Operations - Aeroplanes of the Commercial Air Service Standards. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.40-705.42 (4) [Repealed, SOR/2019-296, s. 10] SOR/2019-295, s. 16; SOR/2019-296, s. 10. 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; (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. (3) No person shall carry on board an aircraft any carryon baggage unless that baggage has been accepted in accordance with a carry-on baggage control program. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.42-705.43 (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. (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. (7) All carry-on baggage shall be safely stowed prior to movement of the aircraft on the surface and during takeoff, 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 the rack is equipped with restraining devices or doors that have been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual. SOR/99-158, s. 12. 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) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.43-705.44 (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. SOR/2009-152, s. 20. Safety Features Card and Supplemental Briefing Card 705.44 (1) An air operator shall provide each passenger, at the passenger’s seat, with a safety features card containing, in pictographic form, the information required for a safety features card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards, and any wording shall be in English and French. (2) An air operator shall ensure that (a) the information required for a supplemental briefing card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards is available to passengers in the following four formats: (i) English text in 14-point or larger sans-serif type with dark characters on a light background, (ii) French text in 14-point or larger sans-serif type with dark characters on a light background, (iii) English braille as defined and set out in the publication entitled English Braille, American Edition, 1994, published in 1994 or later by the Braille Authority of North America, and (iv) French braille as set out in the Code braille français uniformisé pour la transcription des textes imprimés (CBFU), Quebec Edition (2008); and (b) two copies in each format are on board every aircraft. (3) The four formats may be displayed on one or more supplemental briefing cards. SOR/2009-152, s. 21. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.45-705.46 Closing and Locking of Flight Deck Door 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 at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival, (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 (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 if a Department of Transport air carrier inspector, a crew member or a person authorized under subsection 705.27(4) to access the flight deck is required to enter or leave the flight deck (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. SOR/2002-135, s. 2; SOR/2003-121, s. 3; SOR/2020-151, s. 20. Night VFR Flight — Aeroplane 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. SOR/2003-348, s. 1. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.46-705.48 Instrument Approach Procedures 705.47 (1) No person shall conduct a CAT II or CAT III precision approach unless (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, (a) the condition of the runway or surface of intended landing; and (b) the wind direction and speed. SOR/2006-199, s. 21. Approach Bans — Non-precision, APV and CAT I Precision 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, (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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.48 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 (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-monitoredapproach 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 (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-monitoredapproach procedures, an autopilot capable of conducting a non-precision approach to 400 feet AGL or lower, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.48 (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 (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-monitoredapproach 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Section 705.48 conducting a precision approach to 200 feet AGL or lower, and (iii) the runway is equipped with serviceable highintensity 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 highintensity 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 Column I Column II Canada Air Pilot Advisory Visibility Visibility Report Item Statute miles RVR in feet Statute miles Feet 1/2 2 600 1/4 1 200 3/4 4 000 3/8 2 000 5 000 1/2 2 600 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division III — Flight Operations Sections 705.48-705.56 Column I Column II Canada Air Pilot Advisory Visibility Visibility Report Item Statute miles Statute miles Feet 1 1/4 5/8 3 400 1 1/2 3/4 4 000 1 3/4 5 000 5 000 2 1/4 1 1/4 6 000 2 1/2 1 1/4 greater than 6 000 2 3/4 1 1/2 greater than 6 000 1 1/2 greater than 6 000 RVR in feet SOR/2006-199, s. 21. [705.49 to 705.53 reserved] 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IV — Aircraft Performance Operating Limitations Sections 705.56-705.57 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 takeoff 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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IV — Aircraft Performance Operating Limitations Sections 705.57-705.58 (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IV — Aircraft Performance Operating Limitations Sections 705.58-705.60 (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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IV — Aircraft Performance Operating Limitations Sections 705.60-705.61 (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 takeoff conducted if the alternate aerodrome designated in the operational flight plan permits, at the time of takeoff, 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). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IV — Aircraft Performance Operating Limitations Sections 705.61-705.69 (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) When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Sections 705.69-705.71 (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. SOR/2009-152, s. 22. 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Sections 705.71-705.76 (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 No person shall operate an aircraft unless each pilot seat and the seat for each flight attendant required under section 705.201 is equipped with a safety belt that includes dual upper torso straps with a single-point release. SOR/2015-127, s. 16. Lavatory Fire Protection 705.76 No person shall operate an aircraft unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Sections 705.76-705.78 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Sections 705.79-705.80 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 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 (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. (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). (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Sections 705.80-705.83 (5) No person shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless (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. SOR/2002-135, s. 3; SOR/2003-121, s. 4. Cargo and Baggage Compartment Fire Protection 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 Service Standards. SOR/2003-361, s. 1. Pitot Heat Indication System 705.82 After June 30, 2008, no person shall conduct a take-off in a transport category aeroplane, or in a nontransport 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. SOR/2007-78, s. 3. ACAS 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 (a) meets the requirements of CAN-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 CANTSO provides; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Section 705.83 (b) is equipped with a Mode S transponder that meets the requirements of CAN-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 (a) meets the requirements of CAN-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 CANTSO provides; or (b) meets the requirements of CAN-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 CANTSO provides and is equipped with a Mode S transponder that meets the requirements of CANTSO-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 (a) meets the requirements of CAN-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 CANTSO provides; and (b) is equipped with a Mode S transponder that meets the requirements of CAN-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 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division V — Aircraft Equipment Requirements Sections 705.83-705.84 (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. SOR/2007-133, s. 9; SOR/2009-280, ss. 37, 38(E), 39 to 42. TAWS 705.84 (1) Subject to subsection (2), no air operator shall operate an aeroplane unless the aeroplane is equipped with an operative TAWS that (a) meets the requirements for Class A equipment set out in CAN-TSO-C151a or a more recent version of it; (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and (c) has a terrain and airport database compatible with the area of operation and a terrain awareness and situational display. (2) The air operator may operate the aeroplane without its being equipped with an operative TAWS if (a) in the event that 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 day on which the failure of the TAWS occurs; or (b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS 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. (3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day. SOR/2012-136, s. 13; SOR/2020-253, s. 17. [705.85 to 705.88 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VI — Emergency Equipment Sections 705.89-705.90 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 batterypowered 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 conduct a take-off in an aircraft operated by an air operator that is configured as follows unless, for the purposes of paragraph 602.60(1)(h), the corresponding number of first aid kits is carried on board and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations: (a) configured for 0 to 50 passenger seats, one kit; (b) configured for 51 to 150 passenger seats, two kits; (c) configured for 151 to 250 passenger seats, three kits; and (d) configured for 251 or more passenger seats, four kits. (2) No person shall conduct a take-off in an aircraft operated by an air operator unless (a) the first aid kits referred to in subsection (1) are distributed throughout the cabin and are readily available to crew members and passengers; (b) each first aid kit is clearly identified; and (c) if a first aid kit is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a first aid kit. SOR/2020-253, s. 18. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VI — Emergency Equipment Sections 705.91-705.93 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VI — Emergency Equipment Sections 705.93-705.95 (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 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1). (2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains (a) a life raft repair kit; (b) a bailing bucket and a sponge; (c) a whistle; (d) a waterproof flashlight; (e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; (f) a waterproof survival manual that contains information about how to use the survival equipment; (g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VI — Emergency Equipment Sections 705.95-705.97 (h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress. (3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain (a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and (b) motion sickness pills. SOR/2020-253, s. 19. Inspection Requirements 705.96 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer. SOR/2020-253, s. 19. Flashlights 705.97 Each flight attendant required under section 705.201 shall have a flashlight readily available for use. SOR/2015-127, s. 17. [705.98 to 705.102 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VII — Personnel Requirements Sections 705.103-705.106 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. 705.104 [Reserved, SOR/2015-127, s. 18] 705.105 [Reserved, SOR/2015-127, s. 18] 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VII — Personnel Requirements Sections 705.106-705.107 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VII — Personnel Requirements Sections 705.107-705.109 (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 under section 705.201 and is under the supervision of a flight attendant; (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; and (c) holds a certificate or certification in first aid in accordance with the Aviation Occupational Health and Safety Regulations. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VII — Personnel Requirements Sections 705.109-705.113 (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. SOR/2015-127, s. 19; SOR/2020-253, s. 20. 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 Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VII — Personnel Requirements Section 705.113 (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 semiannual 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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VII — Personnel Requirements Section 705.124 [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, and (D) aircraft surface contamination training; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VIII — Training Section 705.124 (E) [Repealed, SOR/2020-253, s. 21] (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). (4) An air operator shall have a fatigue management training program for its flight crew members that contains (a) personal fatigue management strategies relating to (i) sleep hygiene, (ii) lifestyle, exercise and diet, and (iii) the consumption of alcohol and drugs; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VIII — Training Sections 705.124-705.126 (b) the impact of fatigue on aviation safety; (c) sleep requirements and the science relating to fatigue; (d) the causes and consequences of fatigue; (e) how to recognize fatigue in themselves and in others; (f) sleep disorders, their impact on aviation safety and treatment options; and (g) human and organizational factors that may cause fatigue, including (i) sleep quality and duration, (ii) the impact of shift work and overtime, (iii) the circadian rhythm, and (iv) the effects of changes of time zones. SOR/2018-269, s. 17; SOR/2020-253, s. 21. 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, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VIII — Training Sections 705.126-705.128 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 keep a master copy of each examination on file and make it available for review by the Minister for a period of not less than three years. SOR/2009-152, s. 23. Amendments to Training Program 705.128 (1) If the Minister determines that an air operator’s training program required under 705.124 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division VIII — Training Sections 705.128-705.135 (a) the corrective actions that the air operator is required to implement to its training program; and (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 705.124(1)(b). (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b). SOR/2022-17, s. 6. [705.129 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; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IX — Manuals Sections 705.135-705.137 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IX — Manuals Sections 705.137-705.139 (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. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division IX — Manuals Sections 705.139-705.152 (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] Division X — Safety Management System Requirements 705.151 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an air operator certificate shall (a) meet the requirements of Subpart 7 of Part I and section 705.152; (b) be under the control of the operations manager appointed under paragraph 700.09(1)(a); and (c) cover the maintenance control activities undertaken under Subpart 6. SOR/2005-173, s. 24. Components of the Safety Management System 705.152 (1) The safety management system shall include, among others, the following components: (a) a safety management plan that includes (i) a safety policy that the accountable executive has approved and communicated to all employees, (ii) the roles and responsibilities of personnel assigned duties under the quality assurance program established under section 706.07 or the safety management system, (iii) performance goals and a means of measuring the attainment of those goals, (iv) a policy for the internal reporting of a hazard, an incident or an accident, including the conditions under which immunity from disciplinary action will be granted, and (v) a review of the safety management system to determine its effectiveness; (b) procedures for reporting a hazard, an incident or an accident to the appropriate manager; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division X — Safety Management System Sections 705.152-705.153 (c) procedures for the collection of data relating to hazards, incidents and accidents; (d) procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 706.07(3) and for taking corrective actions; (e) an audit system referred to in subsection 706.07(3); (f) training requirements for the operations manager, the maintenance manager and personnel assigned duties under the safety management system; and (g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases. (2) The components specified in subsection (1) and the components of the safety management system that are required under section 107.03 shall be set out in (a) the company operations manual of the applicant for, or the holder of, an air operator certificate; and (b) the maintenance control manual (MCM) of the holder of an air operator certificate. SOR/2005-173, s. 24; SOR/2019-295, s. 17. Person Managing the Safety Management System 705.153 The person managing the safety management system shall (a) establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety; (b) identify hazards and carry out risk management analyses of those hazards; (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division X — Safety Management System Sections 705.153-705.171 (d) establish and maintain a safety data system, either by electronic or by other means, to monitor and analyze trends in hazards, incidents and accidents; (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents; (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the air operator; (g) determine the adequacy of the training required by paragraph 705.152(1)(f); and (h) where the operations manager has assigned the management functions for the safety management system under subsection 705.03(3) to another person, report to the operations manager the hazards, incidents and accidents identified under the safety management system or as a result of an audit required under subsection 706.07(3). SOR/2005-173, s. 24. Holder of More Than One Certificate 705.154 The holder of an air operator certificate issued under section 705.07 who is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, shall adhere to the requirements referred to in section 573.30 with respect to a safety management system when undertaking maintenance control activities under Subpart 6. SOR/2005-173, s. 24. [705.155 to 705.170 reserved] Division XI — Interference With a Crew Member [SOR/2015-160, s. 31(E)] Interpretation 705.171 In this Division, interference with a crew member means any action or statement set out in the levels listed in section 705.175 by a person on board or about to board an aircraft that distracts a crew member from their assigned safety responsibilities or prevents the crew member from carrying out those responsibilities; (entrave au travail d’un membre d’équipage) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XI — Interference With a Crew Member Sections 705.171-705.174 operational personnel means an air operator’s employees whose duties require that they interact directly with persons on board or about to board an aircraft, and includes crew members, gate and check-in staff and their immediate supervisors. (personnel d’exploitation) SOR/2009-90, s. 4; SOR/2015-160, s. 32. Preventing and Managing Incidents of Interference with a Crew Member 705.172 An applicant for an air operator certificate shall set out in the company operations manual and in their flight attendant manual the procedures established to prevent and manage incidents of interference with a crew member covering the topics set out in section 725.172 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards. SOR/2009-90, s. 4; SOR/2015-160, s. 33(F); SOR/2019-295, s. 18. Training 705.173 An air operator shall provide initial and annual training to all operational personnel that covers the topics set out in subsection 725.124(56) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards for the purpose of enabling (a) the recognition, prevention and management of behaviour that could reasonably be expected to lead to an incident of interference with a crew member; (b) the recognition, prevention and management of incidents of interference with a crew member; and (c) the knowledge of post-flight procedures related to incidents of interference with a crew member. SOR/2009-90, s. 4; SOR/2015-160, s. 34. Reporting Incidents of Interference with a Crew Member 705.174 (1) An applicant for an air operator certificate shall set out in the company operations manual and in their flight attendant manual the procedures established to ensure that level 2, level 3 and level 4 incidents of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XI — Interference With a Crew Member Sections 705.174-705.175 interference with a crew member are reported to them and to allow for the reporting of a level 1 incident. (2) [Repealed, SOR/2019-295, s. 19] (3) A report of an incident of interference with a crew member shall contain the information set out in section 725.174 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards. (4) An air operator shall ensure that reports are retained for a period of three years after the date of the incident and are made available to the Minister on request. (5) An air operator shall submit to the Minister statistics relating to incidents of interference with a crew member, the content of which is set out in section 725.174 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards, every six months. SOR/2009-90, s. 4; SOR/2015-160, s. 35(F); SOR/2019-295, s. 19. Levels of Interference with a Crew Member 705.175 The levels of interference with a crew member are as follows: (a) a level 1 incident, which is an incident of a minor nature that either requires no action of the crew member beyond heightened awareness or is quickly resolved by a crew member, and which includes but is not limited to (i) the use of unacceptable language towards a crew member, (ii) unacceptable behaviour towards a crew member, and (iii) a display of suspicious behaviour; (b) a level 2 incident, which is an incident of a moderate nature that is resolved by a crew member only after some difficulty and which includes but is not limited to (i) the repetition of a level 1 incident, (ii) the continuation of a level 1 incident that was unresolved, (iii) the repeated failure of a passenger to comply with a crew member’s safety instructions, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XI — Interference With a Crew Member Section 705.175 (iv) belligerent, obscene or lewd behaviour towards a crew member; (c) a level 3 incident, which is an incident where the safety of passengers or crew members is seriously threatened and which includes but is not limited to (i) threatening a person on board or about to board the aircraft or making threats in an attempt to board the aircraft, (ii) the continuation of a level 2 incident that was unresolved, (iii) tampering with any emergency or safety equipment on board the aircraft, (iv) deliberate damage of any part of the aircraft or any property on board the aircraft, (v) injuring a person on board the aircraft, and (vi) violent, argumentative, threatening, intimidating or disorderly behaviour, including harassment and assault; and (d) a level 4 incident, which is an incident that constitutes a security threat and which includes but is not limited to (i) an attempted or unauthorized intrusion into the flight deck, (ii) a credible threat of death or serious bodily injury in an attempt to gain control over the aircraft, (iii) the display or use of a weapon, (iv) the sabotage of, or the attempt to sabotage, an aircraft that renders it incapable of flight or that is likely to endanger its safety in flight, (v) any attempt to unlawfully seize control of the aircraft, and (vi) an incident that is required to be reported under section 543 of the Canadian Aviation Security Regulations, 2012. SOR/2009-90, s. 4; SOR/2015-160, s. 36; SOR/2021-152, s. 11. [705.176 to 705.199 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.200-705.201 Division XII — Flight Attendants and Emergency Evacuation Interpretation 705.200 (1) For the purposes of this Division and subject to subsection (2), model means aircraft master series as described in section 3.7 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST). (2) If no aircraft master series is assigned to an aeroplane, model in respect of that aeroplane means aircraft model as described in section 3.6 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST). SOR/2015-127, s. 20. Minimum Number of Flight Attendants 705.201 (1) No air operator shall operate an aeroplane to carry passengers unless the air operator does so with the minimum number of flight attendants required on each deck. (2) Subject to subsections (4) to (7), the minimum number of flight attendants required on each deck of an aeroplane is determined in accordance with one of the following ratios that is selected by the air operator in respect of the model of that aeroplane: (a) one flight attendant for each unit of 40 passengers or for each portion of such a unit; or (b) one flight attendant for each unit of 50 passenger seats or for each portion of such a unit. (3) A Department of Transport air carrier inspector or a person authorized under subsection 705.27(4) to access the flight deck is not counted as a passenger for the purposes of paragraph (2)(a). (4) An air operator who has selected, in respect of a model of aeroplane, the ratio set out in paragraph (2)(b) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Section 705.201 shall not operate an aeroplane of that model with only one flight attendant unless (a) the aeroplane has a single deck and is configured for 50 or fewer passenger seats; (b) the aeroplane was certified under (i) part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date, (ii) the European Joint Aviation Requirements — Large Aeroplanes (JAR-25), published by the Joint Aviation Authorities, in the version in effect on November 30, 1981 or after that date, (iii) the Certification Specifications, Including Airworthiness Code and Acceptable Means of Compliance, for Large Aeroplanes (CS-25), published by the European Aviation Safety Agency, in the version in effect on October 17, 2003 or after that date, or (iv) Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual, in the version in effect on July 1, 1986 or after that date; (c) only one flight attendant was used for the emergency evacuation demonstration required for the certification of that model of aeroplane; (d) the air operator’s flight attendant manual indicates how normal and emergency procedures differ depending on whether the aeroplane is operated with one flight attendant or with more than one flight attendant; (e) the flight attendant occupies a flight attendant station that is located near a floor-level exit; and (f) the public address system and the crew member interphone system are operative and are capable of being used at the flight attendant station. (5) If an air operator has selected, in respect of a model of aeroplane, the ratio set out in paragraph (2)(a), but has carried out a successful demonstration of its emergency evacuation procedures for that model using more flight attendants than would have been required in accordance with that ratio, the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the air operator is the number of flight attendants used in the demonstration. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.201-705.203 (6) If an air operator has selected, in respect of a model of aeroplane, the ratio set out in paragraph (2)(b), but has carried out a successful demonstration of its emergency evacuation procedures for that model using more flight attendants than would have been required in accordance with that ratio, the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the air operator is the number of flight attendants used in the demonstration. (7) If the emergency evacuation demonstration required for the certification of a model of aeroplane was carried out using more flight attendants than would have been required in accordance with the ratio set out in paragraph (2)(b) and, after the demonstration, an aeroplane of that model is reconfigured for fewer passenger seats, the minimum number of flight attendants required on each deck of the reconfigured aeroplane is the number of flight attendants required in accordance with the ratio set out in paragraph (2)(b) plus an additional number of flight attendants that is equal to the difference between (a) the number of flight attendants used in the demonstration, and (b) the number of flight attendants that would have been required in accordance with the ratio set out in paragraph (2)(b) at the time of the demonstration. SOR/2015-127, s. 20; SOR/2020-151, s. 21. Notice 705.202 (1) An air operator who decides, in respect of a model of aeroplane, to change the ratio that it has selected for the purposes of subsection 705.201(2) shall not implement this change unless (a) the air operator has provided the Minister with a notice in writing of the decision at least 60 days before implementing the change; and (b) the Minister has acknowledged receipt of the notice. (2) The Minister shall acknowledge receipt of the notice not later than one working day after receiving it. SOR/2015-127, s. 20. Emergency Features 705.203 If an air operator has selected, in respect of a model of aeroplane, the ratio set out in paragraph 705.201(2)(b), the air operator shall not operate an aeroplane of that model unless Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.203-705.204 (a) the features that facilitate emergency evacuations meet the requirements set out in paragraphs 725.203(a) to (n) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards; (b) the passenger seats and flight attendant seats meet the requirements set out in paragraph 725.203(o) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards; (c) compartments occupied by passengers and crew members meet the requirements respecting flammability set out in paragraph 725.203(p), (q) or (r) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards; and (d) the thermal insulation and acoustic insulation meet the requirements respecting flammability set out in paragraph 725.203(s) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards. SOR/2015-127, s. 20; SOR/2019-119, s. 43. Demonstration of Emergency Evacuation Procedures 705.204 (1) An air operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers shall carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane before operating an aeroplane of that model to carry passengers. (1.1) Despite subsection (1), the demonstration of emergency evacuation procedures is not required if the air operator has (a) carried out a successful demonstration of its emergency evacuation procedures for another model of aeroplane in its fleet; (b) conducted a comparative analysis to ensure that there is no difference in any of the following items between the model of aeroplane for which a successful demonstration has been carried out and the model of aeroplane being introduced: (i) the location of the flight attendants and their emergency evacuation duties and procedures, (ii) the number, location and type of emergency exits, and (iii) the number, location and type of opening mechanisms for the emergency exits; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Section 705.204 (c) verified that no changes have been made to any of the items listed in subparagraphs (b)(i) to (iii), in respect of the model of aeroplane for which a successful demonstration has been carried out, between the time of the successful demonstration and the time the comparative analysis is conducted; and (d) before operating an aeroplane of the model being introduced to carry passengers, informed the Minister of (i) its decision to use the results of a successful demonstration of its emergency evacuation procedures for another model of aeroplane instead of carrying out a demonstration for the model of aeroplane it has decided to introduce, and (ii) the model of aeroplane for which a successful demonstration has been carried out and the model of aeroplane it has decided to introduce. (2) If an air operator decides to introduce an aeroplane into its fleet and there is a difference in any of the following items between that aeroplane and other aeroplanes of the same model that are already in the fleet, the air operator shall treat the aeroplane as if it were a different model of aeroplane and carry out a successful demonstration of its emergency evacuation procedures for that model before operating the aeroplane to carry passengers: (a) the location of the flight attendants or their emergency evacuation duties or procedures; (b) the number, location or type of emergency exits; or (c) the number, location or type of opening mechanisms for the emergency exits. (3) An air operator who decides to change any of the following items in respect of an aeroplane shall carry out a successful demonstration of its emergency evacuation procedures for the model of that aeroplane, as changed, before operating the aeroplane to carry passengers: (a) the location of the flight attendants or their emergency evacuation duties or procedures; (b) the number, location or type of emergency exits; or (c) the number, location or type of opening mechanisms for the emergency exits. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.204-705.205 (4) If an air operator who has selected the ratio set out in paragraph 705.201(2)(b) in respect of a model of aeroplane decides to reconfigure an aeroplane of that model by adding or removing passenger seats, and if the reconfiguration will result in a change in the minimum number of flight attendants required on each deck, the air operator shall carry out a successful demonstration of its emergency evacuation procedures for the reconfigured model of that aeroplane before operating the reconfigured aeroplane to carry passengers. (5) Subsections (1) to (4) do not apply in respect of a model of aeroplane that is configured to carry fewer than 44 passengers. SOR/2015-127, s. 20; SOR/2020-253, s. 22. Carrying Out a Demonstration of Emergency Evacuation Procedures 705.205 (1) An air operator who carries out a demonstration of its emergency evacuation procedures for a model of aeroplane shall (a) do so in the presence of the Minister; (b) do so without passengers; (c) do so with flight attendants who have completed the air operator’s training program for that model of aeroplane; and (d) begin the demonstration using the air operator’s normal procedures, then transition to its emergency procedures. (2) The demonstration is successful if the flight attendants can, within 15 seconds after the transition from the air operator’s normal procedures to its emergency procedures, (a) open 50% of the floor-level emergency exits that are required by the certification basis established in respect of the model of aeroplane; (b) open 50% of the non-floor-level emergency exits the opening of which is set out as an emergency evacuation duty in the air operator’s operations manual; and (c) deploy 50% of the escape slides. SOR/2015-127, s. 20. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.206-705.207 Extended Over-water Operations 705.206 If an air operator decides to operate an aeroplane to carry passengers in extended over-water operations and the aeroplane is required to have survival equipment under section 602.63, the air operator shall carry out a demonstration of its ditching emergency evacuation procedures for the model of that aeroplane before starting the extended over-water operations. SOR/2015-127, s. 21. Carrying Out a Demonstration of Emergency Evacuation Procedures — Ditching 705.207 (1) An air operator who carries out a demonstration of its ditching emergency evacuation procedures for a model of aeroplane shall (a) do so in the presence of the Minister; (b) use an aeroplane of that model, a life-sized mockup of that model of aeroplane or a floating device; (c) assume that the ditching occurs during daylight hours and that all required crew members are available; (d) ensure that passengers are on board and participate in the demonstration if the air operator’s operations manual requires passengers to assist in the launching of life rafts; (e) ensure that, after the ditching signal has been received, each evacuee dons a life preserver; (f) ensure that each life raft is removed from its stowage compartment; (g) ensure that, as applicable, one life raft or one slide raft is inflated; and (h) ensure that each evacuee boards the life raft or slide raft and that a crew member assigned to the life raft or slide raft indicates the location of the required survival equipment and describes the use of that equipment. (2) A life-sized mock-up of a model of aeroplane or floating device must (a) be representative of the passenger cabin of the model of aeroplane; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.207-705.221 (b) contain seats for all of the evacuees participating in the demonstration; (c) be equipped with the same survival equipment that is installed on the model of aeroplane, including a life preserver for each evacuee participating in the demonstration; (d) have emergency exits and doors that simulate those on the model of aeroplane; and (e) have enough wing area installed outside the window emergency exits to simulate the portions of the wings of the model of aeroplane that would be used in a ditching situation. SOR/2015-127, s. 21. [705.208 to 705.219 reserved] In-charge Flight Attendant 705.220 (1) An air operator who operates an aeroplane with more than one flight attendant shall designate an incharge flight attendant for each flight and keep a record of that designation for at least 90 days after the day on which the flight is completed. (2) Subject to subsection (3), an air operator shall not allow an individual to act as an in-charge flight attendant and no individual shall act as an in-charge flight attendant unless the individual has successfully completed incharge training as part of the air operator’s training program. (3) An air operator shall set out procedures in its company operations manual for the selection of an acting incharge flight attendant if the designated in-charge flight attendant becomes incapacitated after take-off. (4) In the case of a flight with scheduled stops, an air operator shall replace an acting in-charge flight attendant with a new designated in-charge flight attendant at the first scheduled stop where the replacement can be made. SOR/2015-127, s. 20. Incapacitated Flight Attendant 705.221 (1) An air operator who has selected, in respect of a model of aeroplane, the ratio set out in paragraph 705.201(2)(a) and who has assigned two or more flight attendants to a flight using an aeroplane of that model may operate the aeroplane for that flight without one of the flight attendants if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.221-705.222 (a) one of the flight attendants is incapacitated; (b) no other flight attendant who is qualified for the model of aeroplane is available at the point of departure; (c) the pilot-in-command authorizes an employee of the air operator to occupy a flight attendant station until the aeroplane reaches the nearest airport at which the employee can be replaced by a flight attendant who is qualified for the model of aeroplane; (d) before the movement of the aeroplane on the surface, the employee is briefed under the supervision of the pilot-in-command on the operation of the emergency exits and on emergency procedures, including those related to the flight attendant station to be occupied by the employee; and (e) the pilot-in-command is of the opinion that the employee understood the briefing. (2) The air operator shall keep a record of the replacement for at least two years after the day on which the flight is completed. SOR/2015-127, s. 20. Embarking and Disembarking of Passengers 705.222 (1) Subject to subsections (2) and (3), an air operator who operates an aeroplane to carry passengers shall ensure that all flight attendants assigned to a flight using that aeroplane are on board during passenger embarkation and disembarkation. (2) In the case of a flight to which more than one flight attendant is assigned, the air operator may reduce the number of flight attendants by one during passenger embarkation if (a) the flight attendant who leaves the aeroplane remains within the immediate vicinity of the door through which passengers are embarking and carries out safety-related duties for the flight; (b) the engines used for the propulsion of the aeroplane are not running; and (c) at least one floor-level exit remains open to provide for passenger egress. (3) In the case of a flight to which more than one flight attendant is assigned, the air operator may reduce the number of flight attendants during passenger disembarkation if Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.222-705.223 (a) the engines used for the propulsion of the aeroplane are not running; (b) at least one floor-level exit remains open to provide for passenger egress; and (c) half of the required number of flight attendants — rounded down to the next lower number in the case of fractions, but never less than one — remain on board. (4) Paragraphs (2)(b) and (3)(a) do not apply in respect of an engine on a propeller-driven aeroplane if (a) the engine has a propeller brake; (b) the propeller brake is set; and (c) the aeroplane flight manual indicates that the engine may be used as an auxiliary power unit. (5) The air operator shall ensure that, during passenger embarkation and disembarkation, (a) if only one flight attendant is on board, he or she remains in the vicinity of the door through which passengers are embarking or disembarking; and (b) if more than one flight attendant is on board, they are evenly distributed in the passenger cabin and are in the vicinity of the floor-level exits. SOR/2015-127, s. 20. Stops 705.223 (1) An air operator shall not permit passengers to remain on board an aeroplane during an intermediate stop unless (a) the engines used for the propulsion of the aeroplane are not running; (b) at least one floor-level exit remains open to provide for passenger egress; (c) in the case of an aeroplane operated with only one flight attendant, the flight attendant remains on board; (d) in the case of an aeroplane operated with more than one flight attendant, at least half of the required number of flight attendants — rounded down to the next lower number in the case of fractions, but never less than one — remain on board; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.223-705.224 (e) flight attendants are located in the vicinity of the floor-level exits and are ready to initiate and oversee an emergency evacuation. (2) Paragraph (1)(a) does not apply in respect of an engine on a propeller-driven aeroplane if (a) the engine has a propeller brake; (b) the propeller brake is set; and (c) the aeroplane flight manual indicates that the engine may be used as an auxiliary power unit. (3) Paragraph (1)(b) does not apply if the exit is closed or latched for climatic reasons. (4) A flight attendant on board an aeroplane referred to in paragraph (1)(c) or (d) may be replaced by an individual other than a flight attendant if (a) the individual has successfully completed the air operator’s training on the emergency evacuation procedures for the model of that aeroplane in accordance with subsection 725.124(14) or (47) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Services Standards; (b) the individual is identified to the passengers as an acting flight attendant; and (c) the individual is located in the vicinity of a floorlevel exit and is ready to initiate and oversee an emergency evacuation. SOR/2015-127, s. 20. Emergency Duties 705.224 (1) An air operator shall, for each model of aeroplane in its fleet that is operated to carry passengers, set out, in its flight attendant manual, the duties to be performed by the flight attendants in an emergency. (2) The air operator shall not operate an aeroplane to carry passengers unless those duties are assigned to flight attendants on board the aeroplane. SOR/2015-127, s. 20. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 5 — Airline Operations Division XII — Flight Attendants and Emergency Evacuation Sections 705.225-706.01 Emergency Evacuation — Before and During Surface Movements 705.225 An air operator shall, for each aeroplane in its fleet that is operated to carry passengers, have procedures to ensure that (a) at least one floor-level exit provides for passenger egress before the movement of the aeroplane on the surface; and (b) every automatically deployable means of emergency passenger evacuation is ready for immediate use during the movement of the aeroplane on the surface. SOR/2015-127, s. 20. Single-aisle Aeroplane 705.226 Despite section 605.09, no person shall conduct a take-off in a single-aisle aeroplane that is carrying passengers unless all emergency exits and escape slides are operative. SOR/2015-127, s. 20. Standardization 705.227 No air operator shall operate an aeroplane to carry passengers unless the emergency equipment, the stowage locations for emergency equipment and the emergency procedures are standardized for all aeroplanes in the air operator’s fleet that are operated under this Subpart to carry passengers. SOR/2015-127, s. 22. Subpart 6 — Aircraft Maintenance Requirements for Air Operators Application 706.01 This Subpart applies to every person who operates an aircraft in a commercial air service under this Part. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Maintenance Control System Sections 706.02-706.03 Maintenance Control System 706.02 No person shall operate an aircraft unless the aircraft is maintained in accordance with a maintenance control system that (a) meets the requirements of this Subpart; and (b) is described in the air operator’s maintenance control manual (MCM) required by section 706.08. Duties of Certificate Holder 706.03 (1) The holder of an air operator certificate shall (a) appoint a person responsible for the maintenance control system; (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations; (c) ensure that the person responsible for the maintenance control system demonstrates to the Minister knowledge of the topics set out in subsection 726.03(1) of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards within 30 days after their appointment; (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 706.07(2) and (3); (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations; (f) authorize the person responsible for the maintenance control system to remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; and (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Duties of Certificate Holder Section 706.03 (2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(c). (3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview. (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or (b) the holder of an aircraft maintenance engineer (AME) licence. (5) The holder of an air operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for (a) an offence under section 7.3 of the Act; or (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence. (6) The person responsible for maintenance control system of the holder of an air operator certificate may assign the management functions for specific maintenance control activities, to another person if the assignment and its scope are described in the maintenance control manual (MCM) of the air operator. (7) If the holder of an air operator certificate is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person appointed under paragraph (1)(a) shall be the person responsible for maintenance of the AMO appointed under paragraph 573.03(1)(a). SOR/2005-173, s. 25. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Maintenance Personnel and Facilities Sections 706.04-706.06 Maintenance Personnel and Facilities 706.04 An air operator shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the Commercial Air Service Standards that are necessary to ensure compliance with this Subpart. Defect Recording, Rectification and Control Procedures [SOR/2020-151, s. 22] 706.05 An air operator shall include in its maintenance control system the procedures referred to in the Commercial Air Service Standards for (a) recording aircraft defects; (b) ensuring that defects are rectified in accordance with the requirements of these Regulations; (c) detecting defects that recur and identifying those defects as recurring defects; and (d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred. Technical Dispatch Procedures 706.06 (1) An air operator shall include in its maintenance control system technical dispatch procedures to ensure that aircraft are not operated unless they are (a) airworthy; (b) appropriately equipped, configured and maintained for their intended use; and (c) maintained in accordance with the air operator’s maintenance control manual (MCM). (2) Where an additional flight authority has been issued in respect of an aircraft pursuant to section 507.08, the technical dispatch procedures required by this section shall include procedures to control the use of that additional flight authority. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Technical Dispatch Procedures Sections 706.06-706.07 (3) Where an air operator has a fleet empty weight and balance control program approved in accordance with the Commercial Air Service Standards, the technical dispatch procedures required by this section shall include specific procedures that (a) ensure the quality of the program by meeting the applicable requirements of the Commercial Air Service Standards; and (b) ensure that accurate empty weight and balance data for each aircraft to which the program applies is provided to the flight crew of the aircraft, or is input into the program, prior to each flight. Quality Assurance Program 706.07 (1) An air operator shall, in order to ensure that its maintenance control system and all of the included maintenance schedules continue to be effective and to comply with these Regulations, establish and maintain a quality assurance program that (a) is under the sole control of the person responsible for the maintenance control system appointed under paragraph 706.03(1)(a); and (b) meets the requirements of section 726.07 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards. (2) The person responsible for the maintenance control system shall distribute the records relating to the findings resulting from the quality assurance program to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance control manual (MCM). (3) The person responsible for the maintenance control system shall establish an audit system in respect of the quality assurance program that consists of the following: (a) an initial audit within 12 months after the date on which the air operator certificate is issued; (b) subsequent audits conducted at intervals set out in the MCM; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Quality Assurance Program Sections 706.07-706.08 (c) a record of each occurrence of compliance or noncompliance with the MCM found during an audit referred to in paragraph (a) or (b); (d) checklists of all activities controlled by the MCM and the maintenance schedules; (e) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 705.03(3) or (4), to that person; (f) follow-up procedures for ensuring that corrective actions are effective; and (g) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups. (4) The records required under paragraph (3)(g) shall be retained for the greater of (a) two audit cycles; and (b) two years. (5) The duties related to the quality assurance program that involve specific tasks or activities within an air operator’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities. SOR/2005-173, s. 26. Maintenance Control Manual (MCM) 706.08 (1) An air operator shall establish, maintain and authorize the use of a maintenance control manual (MCM) that contains information to ensure the efficiency of the maintenance control system, as set out in the Commercial Air Service Standards. (2) The Minister may authorize the incorporation by reference in an MCM of detailed procedures manuals prepared by the air operator, where (a) the policies affecting the detailed procedures remain in the MCM; (b) the incorporation is clearly indicated in the MCM; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Maintenance Control Manual (MCM) Section 706.08 (c) the air operator ensures that the incorporated manuals meet the requirements of this section; and (d) the person responsible for the air operator’s maintenance control system, or the person to whom the management function has been assigned pursuant to subsection 706.03(3), has certified in writing that the incorporated manuals meet the requirements of this section. (3) Except where otherwise authorized by the Minister in writing where it is demonstrated that the granting of the authorization will not jeopardize the safety of the product or service, an air operator shall comply with the policies and procedures contained in its MCM. (4) An air operator shall submit each page of its MCM to the Minister for approval, either individually or in accordance with an equivalent procedure that meets the applicable requirements of the Commercial Air Service Standards. (5) An air operator shall amend its MCM when instructed to do so by the Minister where (a) the MCM does not meet the requirements of this Subpart; or (b) the MCM contains policies or procedures, or a lack thereof, such that the air operator’s maintenance control system no longer meets the requirements of these Regulations. (6) An air operator shall provide the means to ensure that a current copy of its MCM, or of the relevant portions of its MCM, is made available to each person who performs or certifies a function that is dealt with in the MCM or in any manual that is incorporated in the MCM in accordance with subsection (2). (7) An air operator shall amend each copy of its MCM within 30 days after the approval of an amendment under subsection (8). (8) The Minister shall approve an air operator’s MCM, and any amendments to that manual, if the requirements of the Commercial Air Service Standards are met. SOR/2000-389, s. 2; SOR/2009-152, s. 24. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Maintenance Arrangements Section 706.09 Maintenance Arrangements 706.09 (1) No air operator shall permit a person or organization to perform maintenance on the air operator’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and (a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating in a category applicable to the maintenance to be performed; (b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or (c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations. (2) An air operator shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1) (a) specifies the maintenance required and clearly defines the tasks to be performed; and (b) is made in accordance with the procedures governing maintenance arrangements included in the MCM or is approved by the Minister as being in conformity with these Regulations. (3) Where an air operator makes a maintenance arrangement to have maintenance performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the Commercial Air Service Standards: (a) the maintenance is performed by a person or organization that has been approved in accordance with paragraph (1)(b) and the issuance of a maintenance Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Maintenance Arrangements Sections 706.09-706.13 specification is either required by the agreement or requested by the foreign state; or (b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed. (4) An air operator shall ensure the completion of all of the tasks defined in a maintenance arrangement in accordance with subsection (2). Elementary Work 706.10 No air operator shall authorize a person to perform, without supervision, a task that is elementary work set out in the Aircraft Equipment and Maintenance Standards unless the person (a) has satisfactorily completed training for the task under a training program required by section 706.12; and (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3 of Part IV. Servicing 706.11 An air operator shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 706.12, for the servicing to be performed. Training Program 706.12 An air operator shall implement a training program to ensure that persons who are authorized to perform a function under this Subpart are trained in respect of the regulations, standards and air operator procedures applicable to that function, as specified in the Commercial Air Service Standards. Personnel Records 706.13 (1) An air operator shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of (a) all personal qualifications in respect of any appointment made pursuant to section 706.03; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VII — Commercial Air Services Subpart 6 — Aircraft Maintenance Requirements for Air Operators Personnel Records Sections 706.13-800.01 (b) any authorization to perform elementary work given in accordance with section 706.10 and incorporated in the maintenance control manual (MCM) in accordance with the Commercial Air Service Standards; and (c) all training conducted pursuant to section 706.12. (2) The air operator shall provide a copy of each record required by subsection (1) to the person to whom the record refers on the completion of any training or the giving of an authorization referred to in paragraph (1)(b). Service Difficulty Reporting 706.14 The holder of an air operator certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates. SOR/2009-280, s. 36. Safety Management System 706.15 The holder of an air operator certificate issued under section 705.07 shall, for all maintenance control activities performed under this Subpart, adhere to the requirements set out in section 705.151 or 705.154 with respect to a safety management system. SOR/2005-173, s. 27. Part VIII — Air Navigation Services Interpretation 800.01 (1) In this Part, air traffic control unit [Repealed, SOR/2002-352, s. 4] air traffic services or ATS includes air traffic control services, air traffic advisory services and flight information services; (services de la circulation aérienne ou ATS) ATS operations certificate [Repealed, SOR/2007-290, s. 11] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Interpretation Sections 800.01-801.01 emergency assistance services means services provided for the purpose of (a) assisting aircraft in a state of emergency, including aircraft in the uncertainty, alert and distress phases, (b) assisting aircraft involved in a hijacking, or (c) alerting rescue coordination agencies of missing or overdue aircraft; (services d’urgence) flight information services [Repealed, SOR/2002-352, s. 4] operational location means the physical location of an operational air traffic control unit or flight service station. (emplacement opérationnel) (2) Any reference in this Part to an annex to the Convention includes the differences notified to ICAO by the Government of Canada in respect of the standards specified in that annex. SOR/2002-352, s. 4; SOR/2007-290, s. 11. Application 800.02 This Part does not apply in respect of any air navigation services that are provided by or under the authority of the Minister of National Defence. [800.03 to 800.08 reserved] Subpart 1 — Air Traffic Services General 801.01 (1) No person shall act as an air traffic controller or a flight service specialist (a) within eight hours after consuming alcohol; (b) while under the influence of alcohol; or (c) while under the influence of any drug or other substance that impairs the person’s faculties to the extent that aviation safety is affected. (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services General Sections 801.01-801.03 (a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and (b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention. SOR/2002-352, s. 5. Services to Be Provided in Class A, B, C, D and E Airspace 801.02 (1) Where air traffic control services are provided to aircraft operating in Class A or Class B airspace, the services shall include separation between aircraft. (2) Where air traffic control services are provided to aircraft operating in Class C airspace, the services shall include (a) conflict resolution between IFR aircraft and VFR aircraft; (b) conflict resolution between VFR aircraft on request; (c) traffic information; and (d) separation between IFR aircraft and between all aircraft during runway operations. (3) Where air traffic control services are provided to aircraft operating in Class D airspace, the services shall include (a) traffic information; and (b) separation between IFR aircraft, and between all aircraft during runway operations. (4) Where air traffic control services are provided to aircraft operating in Class E airspace, the services shall include separation between IFR aircraft. SOR/2002-352, s. 6. Requirement for ATS Operations Certificate 801.03 No person shall operate an air traffic control unit or a flight service station unless the person holds Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Requirement for ATS Operations Certificate Sections 801.03-801.05 and complies with the provisions of an ATS operations certificate that authorizes the person to operate the air traffic control unit or flight service station. Application for ATS Operations Certificate 801.04 An applicant for an ATS operations certificate shall submit to the Minister (a) an application for an ATS operations certificate; and (b) a copy of the proposed ATS site manual for each operational location to be listed on the certificate. Issuance of ATS Operations Certificate 801.05 (1) Subject to section 6.71 of the Act, the Minister shall issue an ATS operations certificate to an applicant, authorizing the applicant to operate an air traffic control unit or a flight service station, if (a) the applicant demonstrates that (i) it has personnel who are qualified to provide an air traffic service at the operational location of the air traffic control unit or flight service station, and (ii) the air traffic control unit or flight service station will be operated in a manner that provides for safe aircraft operations; and (b) an ATS site manual for the operational location has been approved by the Minister. (2) The Minister shall approve an ATS site manual if it (a) accurately describes the operational location of the air traffic control unit or flight service station; and (b) contains the information required pursuant to section 801.07. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Contents of ATS Operations Certificate Sections 801.06-801.07 Contents of ATS Operations Certificate 801.06 An ATS operations certificate shall contain (a) the legal name, trade name and address of the holder of the certificate; (b) the number of the certificate; (c) the date of issue of the certificate; (d) the effective date of certification; (e) the types of air traffic services that the holder of the certificate is authorized to provide; and (f) a list of the operational locations for which an ATS site manual has been approved by the Minister. Contents of ATS Site Manual 801.07 (1) An ATS site manual shall set out the types of air traffic services that are provided by the holder of the ATS operations certificate at that operational location. (2) An ATS site manual shall contain (a) a table of contents; (b) any information relating to the administration of the air traffic control unit or flight service station, including (i) a record of any amendments to the manual, (ii) a list of the holders of copies of the manual, (iii) a description of the procedure for amending the manual, (iv) a description of the organizational structure of the air traffic control unit management or the flight service station management, (v) a statement, signed by the holder of the ATS operations certificate, certifying that the manual is complete and accurate, and (vi) a statement, signed by the Minister, indicating that the Minister has approved the manual; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Contents of ATS Site Manual Section 801.07 (c) any information relating to the operation of the air traffic control unit or flight service station, including (i) a description of the airspace and its classification, (ii) where applicable, a description of the manoeuvring area and the movement area of the airport, and (iii) a description of a system to ensure that any operational information necessary for operational staff to perform their duties or functions is available on a daily basis; (d) in the case where air traffic advisory services or flight information services are provided, a description of the procedures for providing those services; (e) a description of the procedures for providing emergency assistance services; (f) a copy of any agreements or memoranda of understanding relating to the operation of the air traffic control unit or flight service station; and (g) in the case of an air traffic control unit or flight service station that is located at an airport, all information pertaining to the airport in respect of (i) emergency response measures, (ii) airport safety measures, (iii) access to the movement area and vehicle control procedures, (iv) apron management plans and apron safety plans, and (v) information services in respect of runway surface friction characteristics. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Provision of Air Traffic Services in accordance with ATS Site Manual Sections 801.08-801.09 Provision of Air Traffic Services in accordance with ATS Site Manual 801.08 No holder of an ATS operations certificate shall provide air traffic services at an operational location unless the services are provided in accordance with (a) the ATS site manual; and (b) in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards. Training and Competency of Flight Service Specialists 801.09 (1) No holder of an ATS operations certificate who operates a flight service station shall permit a person to act, and no person shall act, as a flight service specialist unless the person (a) has successfully completed (i) training that has been accepted by the Minister in the performance of the functions of a flight service specialist, and (ii) a safety-related initial training course on human and organizational factors; and (b) has been certified by the holder of the certificate as being competent to perform those functions. (2) Subsection (1) does not apply in respect of a person who, under supervision, acts as a flight service specialist while undergoing (a) instruction, training or testing in respect of flight service specialist certification; or (b) flight service station familiarization in the course of the person’s employment. (3) The holder of an ATS operations certificate who operates a flight service station shall (a) maintain, for each person who acts as a flight service specialist, a training record showing the place Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Training and Competency of Flight Service Specialists Sections 801.09-801.11 where and the date on which the person successfully completed the training referred to in paragraph (1)(a); and (b) at the request of the Minister, provide the Minister with a copy of the training record of any person acting as a flight service specialist at that flight service station. SOR/2002-352, s. 7; SOR/2007-290, s. 12. Provision of Air Traffic Services in Accordance with the ESCAT Plan 801.10 If the holder of an ATS operations certificate is notified by the Minister of National Defence of the implementation of the ESCAT plan, the certificate holder shall ensure that air traffic services are provided to aircraft in accordance with the contents of the plan. SOR/2002-352, s. 8. Locations where Air Traffic Services are Available in English and French 801.11 (1) Every flight service station set out in Table 1 to this section and every air traffic control unit set out in Table 3 to this section shall provide advisory services in English and French. (2) Every air traffic control unit set out in Table 3 to this section shall provide air traffic services in English and French. (3) Every temporary air traffic control unit located in the province of Quebec shall provide air traffic services in English and French. (4) Every flight service station set out in Table 2 to this section shall provide, between any person operating an aircraft and any air traffic control unit set out in Table 3 to this section, a relay service of IFR air traffic control messages in English or French, as indicated by that person. TABLE 1 Flight Service Stations where Advisory Services are Available in English and French 1 Gatineau Îles-de-la-Madeleine Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Locations where Air Traffic Services are Available in English and French Section 801.11 Kuujjuaq La Grande Rivière Mont-Joli Rouyn Sept-Îles Val-d’Or Montréal International (Mirabel) TABLE 2 Flight Service Stations where Relay Services of IFR Air Traffic Control Messages are Available in English and French 1 Gatineau Îles-de-la-Madeleine Kuujjuaq La Grande Rivière Mont-Joli Québec Rouyn Sept-Îles Val-d’Or Montréal International (Mirabel) TABLE 3 Air Traffic Control Units where Advisory Services and Air Traffic Control Services are Available in English and French Area Control Centre 1 Montréal Terminal Control Units 1 Bagotville Air Traffic Control Towers 1 Bagotville Montréal Trudeau) Ottawa International (Macdonald-Cartier) Québec International (Jean Lesage) St-Honoré St-Hubert St-Jean (Province of Québec) Current to June 20, 2022 Last amended on March 6, 2022 International (Pierre Elliott Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 1 — Air Traffic Services Locations where Air Traffic Services are Available in English and French Sections 801.11-802.02 Montréal International (Mirabel) SOR/2019-119, s. 44; SOR/2021-152, s. 12. 801.12 All air traffic control units and flight service stations shall provide aeronautical radiocommunication services in English. SOR/2019-119, s. 44. Subpart 2 — Aeronautical Telecommunications Interpretation 802.01 In this Subpart, aeronautical telecommunications system includes radio navigation aids and aeronautical communications systems. Aeronautical Telecommunications Systems 802.02 (1) A person who operates any equipment that is part of an aeronautical telecommunications system referred to in Annex 10 to the Convention shall ensure that (a) the equipment is installed, maintained and operated in accordance with the standards specified in Annex 10 to the Convention; and (b) documentation is maintained that shows how compliance with the standards referred to in paragraph (a) is being achieved. (2) No person shall perform a function related to the installation, maintenance or operation of any aeronautical telecommunications equipment unless the person has successfully completed training in the performance of that function and has been certified by the operator of the aeronautical telecommunications system as being competent to perform that function. (3) A person who operates any equipment that is part of an aeronautical telecommunications system referred to in Annex 10 to the Convention shall, at the request of the Minister, provide the Minister with a copy of the documentation referred to in paragraph (1)(b). (4) [Repealed, SOR/2020-151, s. 23] SOR/2020-151, s. 23. [802.03 to 802.07 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 3 — Aeronautical Information Services Sections 803.01-804.01 Subpart 3 — Aeronautical Information Services Provision of Aeronautical Information Services 803.01 (1) In this Subpart, aeronautical information services means the services necessary to meet the requirements of Annexes 4 and 15 to the Convention that relate to aeronautical information. (2) No person shall provide aeronautical information services except in accordance with the standards set out in Annexes 4 and 15 to the Convention. SOR/2002-352, s. 9. Development and Publication of Instrument Procedures 803.02 No person shall publish or submit for publishing in the Canada Air Pilot an instrument procedure unless the procedure has been developed (a) in accordance with the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures; and (b) by a person who has successfully completed training in the interpretation and application of the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures, which training has been accepted by the Minister. [803.03 to 803.08 reserved] Subpart 4 — Aviation Weather Services and Assessment of Runway Visibility Division I — Aviation Weather Services Provision of Aviation Weather Services 804.01 (1) Subject to Division III, a person who provides aviation weather services shall provide them in accordance with the standards specified in (a) Annex 3 to the Convention; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 4 — Aviation Weather Services and Assessment of Runway Visibility Division I — Aviation Weather Services Sections 804.01-804.23 (b) the Manual of Standards and Procedures for Aviation Weather Forecasts; and (c) the Manual of Surface Weather Observations. (2) For the purpose of paragraph (1)(a), the words aerodrome and aircraft used in Annex 3 to the Convention have the same meaning as in subsection 3(1) of the Act. (3) For the purpose of paragraph (1)(a), the expressions alternate aerodrome, control area and flight crew member used in Annex 3 to the Convention have the same meaning as in subsection 101.01(1). (4) For the purpose of paragraph (1)(a), operator, used in Annex 3 to the Convention, has the meaning assigned by the definition air operator in subsection 101.01(1). SOR/2006-199, s. 22; SOR/2019-119, s. 45. [804.02 to 804.07 reserved] Division II — Meteorological Observations Measured By Automatic Instrumentation Of Wind, Temperature, Humidity Or Atmospheric Pressure [804.08 to 804.21 reserved] Division III — Runway Visibility Application 804.22 This Division applies to a person, other than a pilot who meets the requirements of section 602.131, who makes or reports an assessment of runway visibility at an aerodrome with the permission of the operator of the aerodrome. SOR/2006-199, s. 22. Visibility Markers and Visibility Markers Charts 804.23 (1) The operator of an aerodrome shall establish visibility markers that meet the requirements of section 824.23 of Standard 824 — Runway Visibility Assessment Standards. (2) The operator of an aerodrome shall produce a visibility markers chart that meets the requirements of section Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 4 — Aviation Weather Services and Assessment of Runway Visibility Division III — Runway Visibility Sections 804.23-805.01 824.23 of Standard 824 — Runway Visibility Assessment Standards. SOR/2006-199, s. 22. Person Qualified to Assess and Report Runway Visibility 804.24 Except for a pilot who meets the requirements of section 602.131, no person other than a person qualified in accordance with section 804.26 shall assess runway visibility and report the assessment. SOR/2006-199, s. 22. Assessment and Reporting of Runway Visibility 804.25 (1) A person qualified to assess runway visibility shall obtain authorization to report an assessment of runway visibility from the operator of the aerodrome. (2) A person qualified to assess runway visibility shall assess runway visibility and report the assessment in accordance with section 824.25 of Standard 824 — Runway Visibility Assessment Standards. SOR/2006-199, s. 22. Qualifications and Training 804.26 A person who assesses runway visibility shall (a) have a distant visual acuity with or without correction of 6/12 (20/40) or better in each eye separately and binocular visual acuity of 6/9 (20/30) or better; (b) be qualified to operate a vehicle equipped with a two-way radio communication system on the manoeuvring area of the aerodrome; and (c) have received the training set out in section 824.26 of Standard 824 — Runway Visibility Assessment Standards. SOR/2006-199, s. 22. Subpart 5 — Safety Management System Requirements 805.01 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an ATS operations certificate shall Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 5 — Safety Management System Requirements Sections 805.01-805.02 (a) meet the requirements of Subpart 7 of Part I and section 805.02; and (b) be under the control of the accountable executive appointed under paragraph 106.02(1)(a). SOR/2007-290, s. 13. Components of the Safety Management System 805.02 (1) The safety management system shall include, among others, the following components: (a) a safety management plan that includes (i) a safety policy that the accountable executive has approved and communicated to all employees, (ii) the roles and responsibilities of personnel assigned duties under the safety management system, (iii) performance goals and a means of measuring attainment of those goals, (iv) a policy for the internal reporting of hazards, incidents and accidents, including the conditions under which immunity from disciplinary action will be granted, and (v) a process for reviewing the safety management system to determine its effectiveness; (b) procedures for reporting hazards, incidents and accidents to the appropriate manager; (c) procedures for the collection of data relating to hazards, incidents and accidents; (d) procedures for the exchange of information in respect of hazards, incidents and accidents among the operators of aircraft and the provider of air traffic services at an airport and the airport operator; (e) procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 805.03(3) and for taking corrective actions; (f) training requirements for the accountable executive and for personnel assigned duties under the safety management system; (g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 5 — Safety Management System Components of the Safety Management System Sections 805.02-805.03 (h) procedures for involving employees in the implementation and ongoing development of the safety management system. (2) The components specified in subsection (1) shall be set out in a manual or another document established by the holder of the ATS operations certificate that includes (a) a record of any amendments to the manual or document; (b) a description of the procedures for amending the manual or document; and (c) a statement, signed by the accountable executive, certifying that the manual or document is complete and its content accurate. (3) The Minister shall approve the manual or document if it contains the information and statement required under subsection (2). SOR/2007-290, s. 13. Quality Assurance Program 805.03 (1) The quality assurance program required under paragraph 107.03(g) in respect of an applicant for, or a holder of, an ATS operations certificate shall include a process for quality assurance that includes periodic reviews or audits of the activities authorized under a certificate and reviews or audits, for cause, of those activities. (2) The holder of an ATS operations certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action. (3) The holder of an ATS operations certificate shall establish an audit system in respect of the quality assurance program that consists of the following: (a) an initial audit conducted within 12 months after the day on which the ATS operations certificate is issued; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 5 — Safety Management System Quality Assurance Program Section 805.03 (b) an audit of the entire quality assurance program carried out every three years, calculated (i) in the case of an ATS operations certificate issued before January 1, 2008, from that date, and (ii) in the case of an ATS operations certificate issued on or after January 1, 2008, from the date of the initial audit; (c) checklists of all activities carried out under the certificate; (d) a record of each occurrence of compliance or noncompliance with the manual or any other document established under subsection 805.02(2) that is found during an audit referred to in paragraph (a) or (b); (e) procedures for ensuring that each finding of an audit is communicated to the accountable executive; (f) follow-up procedures for ensuring that corrective actions are effective; and (g) a system for recording the findings of an audit referred to in paragraph (a) or (b), corrective actions and follow-ups. (4) The audit referred to in paragraph (3)(b) shall be carried out in one of the following ways: (a) as a complete audit, or (b) as a series of audits conducted at intervals determined by the holder of the ATS operations certificate and set out in the manual or document established under subsection 805.02(2). (5) The records resulting from a system required under paragraph (3)(g) shall be retained for the greater of (a) two audit cycles, and (b) two years. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 5 — Safety Management System Quality Assurance Program Sections 805.03-805.05 (6) The duties related to the quality assurance program that involve specific tasks or activities among the activities of an ATS operations certificate holder shall be fulfilled by persons who are not responsible for carrying out those tasks or activities unless (a) the size, nature and complexity of the operations and activities authorized under the ATS operations certificate justify the fulfilling of those duties by the person responsible for carrying out those tasks or activities; (b) the holder of the ATS operations certificate demonstrates to the Minister by means of a risk analysis, that the fulfilling of those duties by the person responsible for carrying out those tasks or activities will not result in an unacceptable risk to aviation safety; and (c) the holder of the ATS operations certificate provides the Minister, in writing, with the information required under paragraphs (a) and (b). SOR/2007-290, s. 13; SOR/2019-122, s. 19; SOR/2019-295, s. 20. Duties of the Certificate Holder 805.04 The holder of an ATS operations certificate shall ensure that (a) corrective actions are taken in respect of any findings resulting from the safety management system referred to in section 805.01; and (b) the accountable executive performs the duties prescribed in section 805.05. SOR/2007-290, s. 13. Management of the Safety Management System 805.05 (1) The accountable executive shall (a) implement a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety; (b) identify hazards and carry out risk management analyses of those hazards; (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 5 — Safety Management System Management of the Safety Management System Section 805.05 (d) implement a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents; (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents; (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the holder of the ATS operations certificate; and (g) determine the adequacy of the training required by paragraph 805.02(1)(f). (2) The accountable executive shall, if a finding resulting from a quality assurance program referred to in subsection 805.03(1) or a safety management system referred to in section 805.01 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), communicate any determination regarding a corrective action to that person; and (d) notify the certificate holder of any systemic deficiency and of the corrective action taken. (3) The accountable executive may assign the management functions of the safety management system referred to in section 805.01 to another person if the assignment and its scope are described in the manual or document referred to in subsection 805.02(2). (4) The person to whom management functions have been assigned under subsection (3) shall notify the accountable executive of any systemic deficiency and of the corrective action taken. (5) The responsibility and accountability of the accountable executive are not affected by the assignment of management functions to another person under subsection (3). SOR/2007-290, s. 13; SOR/2019-122, s. 20. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 6 — Levels of Service Sections 806.01-806.02 Subpart 6 — Levels of Service Interpretation 806.01 In this Subpart, aeronautical study means a study designed to identify the risks to aviation safety attendant upon a particular course of action and to determine how to eliminate or reduce those risks; (étude aéronautique) level of service means the type or nature of civil air navigation services provided to support safe and efficient aircraft operations, and includes the times at which the services are provided. (niveau de service) SOR/2019-119, s. 46. Maintenance of Level of Service 806.02 (1) Every person who provides a civil air navigation service shall, where the person proposes to terminate the service or to reduce the level of service that is provided, notify the Minister (a) in the case of a proposal to terminate the service or to materially reduce the level of service, at least 60 days before the termination or reduction; and (b) in all other cases, as far in advance of the reduction as reasonably practicable. (2) On receipt of a notice referred to in subsection (1) from the ANS Corporation, the Minister may request the ANS Corporation to conduct an aeronautical study for the purpose of demonstrating that the risk to aviation safety would not be unacceptably increased by the proposed termination or reduction in the level of service. (3) Where the Minister requests the ANS Corporation to conduct an aeronautical study pursuant to subsection (2), the ANS Corporation shall not implement the proposed termination or reduction in the level of service until the Minister has been provided with a copy of the study and has had a reasonable opportunity to review it. (4) Where, after reviewing an aeronautical study conducted pursuant to subsection (2), the Minister is of the opinion that an unacceptable risk to aviation safety would result from the proposed termination or reduction in the level of service, the Minister may, by order, direct Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part VIII — Air Navigation Services Subpart 6 — Levels of Service Maintenance of Level of Service Sections 806.02-900.01 the ANS Corporation to maintain its level of service in accordance with the terms and conditions specified in the order. Increase in Level of Service 806.03 Where, after conducting an aeronautical study or reviewing an aeronautical study conducted by another person or organization, the Minister is of the opinion that the level of service provided by the ANS Corporation should be increased in the interests of aviation safety, the Minister may, by order, direct the ANS Corporation to increase its level of service in accordance with the terms and conditions specified in the order. [806.04 to 806.08 reserved] Subpart 7 — Aviation Occurrences Reporting of Aviation Occurrences 807.01 The holder of an ATS operations certificate shall report to the Minister any aviation occurrence information specified in the CADORS Manual in accordance with the criteria and reporting procedures specified in that manual. [807.02 to 807.06 reserved] Part IX — Remotely Piloted Aircraft Systems Division I — General Provisions Interpretation 900.01 The following definitions apply in this Part. autonomous means, in respect of a remotely piloted aircraft system, that the system is not designed to allow pilot intervention in the management of a flight. (autonome) command and control link means the data link between a remotely piloted aircraft and a control station that is used in the management of a flight. (liaison de commande et de contrôle) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Division I — General Provisions Interpretation Section 900.01 control station means the facilities or equipment that are remote from a remotely piloted aircraft and from which the aircraft is controlled and monitored. (poste de contrôle) detect and avoid functions means the capability to see, sense or detect conflicting air traffic or other hazards and take the appropriate action. (fonctions de détection et d’évitement) first-person view device means a device that generates and transmits a streaming video image to a control station display or monitor, giving the pilot of a remotely piloted aircraft the illusion of flying the aircraft from an onboard pilot’s perspective. (dispositif de vue à la première personne) flight termination system means a system that, on activation, terminates the flight of a remotely piloted aircraft. (système d’interruption du vol) fly-away means, in respect of a remotely piloted aircraft, an interruption or loss of the command and control link such that the pilot is no longer able to control the aircraft and the aircraft no longer follows its preprogrammed procedures or operates in a predictable or planned manner. (dérive) mandatory action means the inspection, repair or modification of a remotely piloted aircraft system that the manufacturer of the system considers necessary to prevent an unsafe or potentially unsafe condition. (mesure obligatoire) payload means a system, an object or a collection of objects that is on board or is otherwise connected to a remotely piloted aircraft but that is not required for flight. (charge utile) visual line-of-sight or VLOS means unaided visual contact at all times with a remotely piloted aircraft that is sufficient to be able to maintain control of the aircraft, know its location, and be able to scan the airspace in which it is operating in order to perform the detect and avoid functions in respect of other aircraft or objects. (visibilité directe ou VLOS) visual observer means a trained crew member who assists the pilot in ensuring the safe conduct of a flight under visual line-of-sight. (observateur visuel) SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Division I — General Provisions Application Sections 900.02-901.03 Application 900.02 This Part applies in respect of the operation of remotely piloted aircraft systems. SOR/2019-11, s. 23. 900.02.1 [Repealed, SOR/2019-11, s. 25] 900.03 [Reserved, SOR/2019-11, s. 23] [900.03 to 900.05 reserved] Division II — General Prohibition Reckless or Negligent Operation 900.06 No person shall operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person. SOR/2019-11, s. 23. Subpart 1 — Small Remotely Piloted Aircraft Division I — General Provision Application 901.01 This Subpart applies in respect of the operation of remotely piloted aircraft systems that include small remotely piloted aircraft. SOR/2019-11, s. 23. Division II — Registration of Remotely Piloted Aircraft Registration 901.02 No person shall operate a remotely piloted aircraft system unless the remotely piloted aircraft is registered in accordance with this Division. SOR/2019-11, s. 23. Registration Number 901.03 No pilot shall operate a remotely piloted aircraft system unless the registration number issued in accordance with section 901.05 is clearly visible on the remotely piloted aircraft. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division II — Registration of Remotely Piloted Aircraft Sections 901.04-901.05 Qualifications To Be Registered Owner of a Remotely Piloted Aircraft 901.04 (1) Subject to subsection (2), a person is qualified to be the registered owner of a remotely piloted aircraft if they are (a) a citizen of Canada; (b) a permanent resident of Canada; (c) a corporation incorporated under the territorial, provincial or federal laws of Canada; or (d) a municipal, provincial or federal entity. (2) No individual is qualified to be the registered owner of a remotely piloted aircraft unless that individual is at least 14 years of age. SOR/2019-11, s. 23. Registration Requirements 901.05 (1) The Minister shall, on receipt of an application submitted in accordance with subsection (2), register a remotely piloted aircraft if the applicant is qualified to be the registered owner of the aircraft. (2) The application shall include the following information: (a) if the applicant is an individual, (i) the applicant’s name and address, (ii) the applicant’s date of birth, and (iii) an indication as to whether the applicant is a Canadian citizen or permanent resident of Canada; (b) if the applicant is incorporated, (i) the entity’s legal name and address, and (ii) the name and title of the person making the application; (c) if the applicant is Her Majesty in right of Canada or a province, (i) the name of the government body, and (ii) the name and title of the person making the application; (d) an indication as to whether the aircraft was purchased or built by the applicant; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division II — Registration of Remotely Piloted Aircraft Sections 901.05-901.07 (e) the date of purchase of the aircraft by the applicant, if applicable; (f) the manufacturer and model of the aircraft, if applicable; (g) the serial number of the aircraft, if applicable; (h) the category of aircraft, such as a fixed-wing aircraft, rotary-wing aircraft, hybrid aircraft or lighterthan-air aircraft; (i) the maximum take-off weight of the aircraft; and (j) any Canadian registration number previously issued in respect of the aircraft. (3) When the Minister registers a remotely piloted aircraft, the Minister shall issue to the registered owner of the aircraft a certificate of registration that includes (a) a registration number; (b) the serial number of the aircraft, if applicable; and (c) if the manufacturer has made a declaration in accordance with section 901.76 in respect of the model of remotely piloted aircraft system of which the aircraft is an element, the operations referred to in subsection 901.69(1) for which the declaration was made. SOR/2019-11, s. 23. Register of Remotely Piloted Aircraft 901.06 The Minister shall establish and maintain a register of remotely piloted aircraft, in which there shall be entered, in respect of each aircraft for which a certificate of registration has been issued under section 901.05, (a) the name and address of the registered owner; (b) the registration number referred to in paragraph 901.05(3)(a); and (c) such other particulars concerning the aircraft as the Minister determines necessary for registration of the remotely piloted aircraft. SOR/2019-11, s. 23. Cancellation of Certificate of Registration 901.07 (1) Every registered owner of a remotely piloted aircraft shall, within seven days after becoming aware that any of the following events has occurred, notify the Minister in writing that Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division II — Registration of Remotely Piloted Aircraft Sections 901.07-901.09 (a) the aircraft is destroyed; (b) the aircraft is permanently withdrawn from use; (c) the aircraft is missing and the search for the aircraft is terminated; (d) the aircraft has been missing for 60 days or more; or (e) the registered owner has transferred legal custody and control of the aircraft. (2) When an event referred to in subsection (1) has occurred, the certificate of registration in respect of the remotely piloted aircraft is cancelled. (3) The certificate of registration of a remotely piloted aircraft is cancelled when (a) a registered owner of the aircraft dies; (b) an entity that is a registered owner of the aircraft is wound up, dissolved or amalgamated with another entity; or (c) a registered owner ceases to be qualified to be a registered owner under section 901.04. (4) For the purposes of this Division, an owner has legal custody and control of a remotely piloted aircraft when the owner has complete responsibility for the operation and maintenance of the remotely piloted aircraft system of which the aircraft is an element. SOR/2019-11, s. 23. Change of Name or Address 901.08 The registered owner of a remotely piloted aircraft shall notify the Minister in writing of any change in the name or address of the registered owner by not later than seven days after the change. SOR/2019-11, s. 23. Access to Certificate of Registration 901.09 No pilot shall operate a remotely piloted aircraft system unless the certificate of registration issued in respect of the remotely piloted aircraft is easily accessible to the pilot for the duration of the operation. SOR/2019-11, s. 23. [901.10 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.11-901.14 Division III — General Operating and Flight Rules Visual Line-of-sight 901.11 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system unless the pilot or a visual observer has the aircraft in visual line-of-sight at all times during flight. (2) A pilot may operate a remotely piloted aircraft system without the pilot or a visual observer having the aircraft in visual line-of-sight if the operation is conducted in accordance with a special flight operations certificate — RPAS issued under section 903.03. SOR/2019-11, s. 23. Prohibition — Emergency Security Perimeter 901.12 (1) No pilot shall operate a remotely piloted aircraft over or within the security perimeter established by a public authority in response to an emergency. (2) Subsection (1) does not apply to the operation of a remotely piloted aircraft for the purpose of an operation to save human life, a police operation, a fire-fighting operation or other operation that is conducted in the service of a public authority. SOR/2019-11, s. 23. Prohibition — Canadian Domestic Airspace 901.13 No pilot operating a remotely piloted aircraft shall cause the aircraft to leave Canadian Domestic Airspace. SOR/2019-11, s. 23. Controlled or Restricted Airspace 901.14 (1) Subject to subsection 901.71(1), no pilot shall operate a remotely piloted aircraft in controlled airspace. (2) No pilot shall operate a remotely piloted aircraft in Class F Special Use Restricted Airspace, as specified in the Designated Airspace Handbook, unless authorized to do so by the person specified for that purpose in that standard. (3) For the purposes of subsection (2), a person specified in the Designated Airspace Handbook may authorize the operation of a remotely piloted aircraft when activities on the ground or in the airspace are not hazardous to aircraft operating in that airspace or access by aircraft to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.14-901.19 that airspace does not jeopardize national security interests. SOR/2019-11, s. 23. Inadvertent Entry into Controlled or Restricted Airspace 901.15 A pilot of a remotely piloted aircraft shall ensure that the appropriate air traffic control unit, flight service station or user agency is notified immediately any time the aircraft is no longer under the pilot’s control and inadvertent entry into controlled airspace or Class F Special Use Restricted airspace, as specified in the Designated Airspace Handbook, occurs or is likely to occur. SOR/2019-11, s. 23. Flight Safety 901.16 A pilot that operates a remotely piloted aircraft system shall immediately cease operations if aviation safety or the safety of any person is endangered or likely to be endangered. SOR/2019-11, s. 23. Right of Way 901.17 A pilot of a remotely piloted aircraft shall give way to power-driven heavier-than-air aircraft, airships, gliders and balloons at all times. SOR/2019-11, s. 23. Avoidance of Collision 901.18 No pilot shall operate a remotely piloted aircraft in such proximity to another aircraft as to create a risk of collision. SOR/2019-11, s. 23. Fitness of Crew Members 901.19 (1) No person shall act as a crew member of a remotely piloted aircraft system if the person (a) is suffering or is likely to suffer from fatigue; or (b) is otherwise unfit to perform properly the person’s duties. (2) No person shall act as a crew member of a remotely piloted aircraft system (a) within 12 hours after consuming an alcoholic beverage; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.19-901.22 (b) while under the influence of alcohol; or (c) while using any drug that impairs the person’s faculties to the extent that aviation safety or the safety of any person is endangered or likely to be endangered. SOR/2019-11, s. 23. Visual Observers 901.20 (1) No pilot shall operate a remotely piloted aircraft system if visual observers are used to assist the pilot in the provision of detect and avoid functions unless reliable and timely communication is maintained between the pilot and each visual observer during the operation. (2) A visual observer shall communicate information to the pilot in a timely manner, during the operation, whenever the visual observer detects conflicting air traffic, hazards to aviation safety or hazards to persons on the surface. (3) No visual observer shall perform visual observer duties for more than one remotely piloted aircraft at a time unless the aircraft are operated in accordance with subsection 901.40(1) or in accordance with a special flight operations certificate — RPAS issued under section 903.03. (4) No visual observer shall perform visual observer duties while operating a moving vehicle, vessel or aircraft. SOR/2019-11, s. 23. Compliance with Instructions 901.21 Every crew member of a remotely piloted aircraft system shall, during flight time, comply with the instructions of the pilot. SOR/2019-11, s. 23. Living Creatures 901.22 No pilot shall operate a remotely piloted aircraft that transports or carries on board a living creature. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.23-901.25 Procedures 901.23 (1) No pilot shall operate a remotely piloted aircraft system unless the following procedures are established: (a) normal operating procedures, including pre-flight, take-off, launch, approach, landing and recovery procedures; and (b) emergency procedures, including with respect to (i) a control station failure, (ii) an equipment failure, (iii) a failure of the remotely piloted aircraft, (iv) a loss of the command and control link, (v) a fly-away, and (vi) flight termination. (2) If the manufacturer of the remotely piloted aircraft system provides instructions with respect to the topics referred to in paragraphs (1)(a) and (b), the procedures established under subsection (1) shall reflect those instructions. (3) No pilot shall conduct the take-off or launch of a remotely piloted aircraft unless the procedures referred to in subsection (1) are reviewed before the flight by, and are immediately available to, each crew member. (4) No pilot shall operate a remotely piloted aircraft system unless the operation is conducted in accordance with the procedures referred to in subsection (1). SOR/2019-11, s. 23. Pre-flight Information 901.24 A pilot of a remotely piloted aircraft shall, before commencing a flight, be familiar with the available information that is relevant to the intended flight. SOR/2019-11, s. 23. Maximum Altitude 901.25 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft at an altitude greater than (a) 400 feet (122 m) AGL; or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.25-901.27 (b) 100 feet (30 m) above any building or structure, if the aircraft is being operated at a distance of less than 200 feet (61 m), measured horizontally, from the building or structure. (2) A pilot may operate a remotely piloted aircraft at an altitude greater than those set out in subsection (1) if the operation is conducted in accordance with a special flight operations certificate — RPAS issued under section 903.03. SOR/2019-11, s. 23. Horizontal Distance 901.26 Subject to paragraph 901.69(1)(b) or (c), no pilot shall operate a remotely piloted aircraft at a distance of less than 100 feet (30 m) from another person, measured horizontally and at any altitude, except from a crew member or other person involved in the operation. SOR/2019-11, s. 23. Site Survey 901.27 No pilot shall operate a remotely piloted aircraft system unless, before commencing operations, they determine that the site for take-off, launch, landing or recovery is suitable for the proposed operation by conducting a site survey that takes into account the following factors: (a) the boundaries of the area of operation; (b) the type of airspace and the applicable regulatory requirements; (c) the altitudes and routes to be used on the approach to and departure from the area of operation; (d) the proximity of manned aircraft operations; (e) the proximity of aerodromes, airports and heliports; (f) the location and height of obstacles, including wires, masts, buildings, cell phone towers and wind turbines; (g) the predominant weather and environmental conditions for the area of operation; and (h) the horizontal distances from persons not involved in the operation. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.28-901.30 Other Pre-flight Requirements 901.28 A pilot of a remotely piloted aircraft shall, before commencing a flight, (a) ensure that there is a sufficient amount of fuel or energy for safe completion of the flight; (b) ensure that each crew member, before acting as a crew member, has been instructed (i) with respect to the duties that the crew member is to perform, and (ii) on the location and use of any emergency equipment associated with the operation of the remotely piloted aircraft system; and (c) determine the maximum distance from the pilot the aircraft can travel without endangering aviation safety or the safety of any person. SOR/2019-11, s. 23. Serviceability of the Remotely Piloted Aircraft System 901.29 No pilot shall conduct the take-off or launch of a remotely piloted aircraft, or permit the take-off or launch of a remotely piloted aircraft to be conducted, unless the pilot ensures that (a) the aircraft is serviceable; (b) the remotely piloted aircraft system has been maintained in accordance with the manufacturer’s instructions; (c) all mandatory actions have been completed in accordance with the manufacturer’s instructions; and (d) all equipment required by these Regulations or the manufacturer’s instructions are installed and serviceable. SOR/2019-11, s. 23. Availability of Remotely Piloted Aircraft System Operating Manual 901.30 No pilot shall conduct the take-off or launch of a remotely piloted aircraft for which the manufacturer has provided a remotely piloted aircraft system operating manual unless the manual is immediately available to crew members at their duty stations. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.31-901.35 Manufacturer’s Instructions 901.31 No pilot shall operate a remotely piloted aircraft system unless it is operated in accordance with the manufacturer’s instructions. SOR/2019-11, s. 23. Control of Remotely Piloted Aircraft Systems 901.32 No pilot shall operate an autonomous remotely piloted aircraft system or any other remotely piloted aircraft system for which they are unable to take immediate control of the aircraft. SOR/2019-11, s. 23. Take-offs, Launches, Approaches, Landings and Recovery 901.33 A pilot of a remotely piloted aircraft shall, before take-off, launch, approach, landing or recovery, (a) ensure that there is no likelihood of collision with another aircraft, person or obstacle; and (b) ensure that the site set aside for take-off, launch, landing or recovery, as the case may be, is suitable for the intended operation. SOR/2019-11, s. 23. Minimum Weather Conditions 901.34 No pilot shall operate a remotely piloted aircraft system unless the weather conditions at the time of flight permit (a) the operation to be conducted in accordance with the manufacturer’s instructions; and (b) the pilot of the system and any visual observer to conduct the entire flight within visual line-of-sight. SOR/2019-11, s. 23. Icing 901.35 (1) No pilot shall operate a remotely piloted aircraft system when icing conditions are observed, are reported to exist or are likely to be encountered along the route of flight unless the aircraft is equipped with de-icing or anti-icing equipment and equipment designed to detect icing. (2) No pilot shall operate a remotely piloted aircraft system with frost, ice or snow adhering to any part of the remotely piloted aircraft. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.36-901.40 Formation Flight 901.36 No pilot shall operate a remotely piloted aircraft in formation with other aircraft except by pre-arrangement between the pilots of the aircraft in respect of the intended flight. SOR/2019-11, s. 23. Prohibition — Operation of Moving Vehicles, Vessels and Manned Aircraft 901.37 No pilot shall operate a remotely piloted aircraft while operating a moving vehicle, vessel or manned aircraft. SOR/2019-11, s. 23. Use of First-person View Devices 901.38 No pilot shall operate a remotely piloted aircraft system using a first-person view device unless, at all times during flight, a visual observer performs the detect and avoid functions with respect to conflicting aircraft or other hazards beyond the field of view displayed on the device. SOR/2019-11, s. 23. Night Flight Requirements 901.39 (1) No pilot shall operate a remotely piloted aircraft system during the night unless the remotely piloted aircraft is equipped with position lights sufficient to allow the aircraft to be visible to the pilot and any visual observer, whether with or without night-vision goggles, and those lights are turned on. (2) No pilot shall operate a remotely piloted aircraft system using night-vision goggles unless the goggles are capable of, or the person has another means of, detecting all light within the visual spectrum. SOR/2019-11, s. 23. Multiple Remotely Piloted Aircraft 901.40 (1) No pilot shall operate more than one remotely piloted aircraft at a time unless the remotely piloted aircraft system is designed to permit the operation of multiple aircraft from a single control station and unless the aircraft are operated in accordance with the manufacturer’s instructions. (2) For the purposes of subsection (1), no pilot shall operate more than five remotely piloted aircraft at a time Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.40-901.43 except in accordance with a special flight operations certificate — RPAS issued under section 903.03. SOR/2019-11, s. 23. Special Aviation Events and Advertised Events 901.41 (1) No pilot shall operate a remotely piloted aircraft system at any special aviation event or at any advertised event except in accordance with a special flight operations certificate — RPAS issued under section 903.03. (2) For the purposes of subsection (1), advertised event means an outdoor event that is advertised to the general public, including a concert, festival, market or sporting event. SOR/2019-11, s. 23. Handovers 901.42 No pilot shall hand over their responsibilities to another pilot during flight unless, before the take-off or launch of a remotely piloted aircraft, (a) a pre-arrangement in respect of the handover has been made between the pilots; and (b) a procedure has been developed to mitigate the risk of loss of control of the aircraft. SOR/2019-11, s. 23. Payloads 901.43 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system if the aircraft is transporting a payload that (a) includes explosive, corrosive, flammable, or biohazardous material; (b) includes weapons, ammunition or other equipment designed for use in war; (c) could create a hazard to aviation safety or cause injury to persons; or (d) is attached to the aircraft by means of a line unless such an operation is conducted in accordance with the manufacturer’s instructions. (2) A pilot may operate a remotely piloted aircraft system when the aircraft is transporting a payload referred Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.43-901.47 to in subsection (1) if the operation is conducted in accordance with a special flight operations certificate — RPAS issued under section 903.03. SOR/2019-11, s. 23. Flight Termination System 901.44 No pilot of a remotely piloted aircraft equipped with a flight termination system shall activate the system if it will endanger or will likely endanger aviation safety or the safety of any person. SOR/2019-11, s. 23. ELT 901.45 No pilot shall operate a remotely piloted aircraft equipped with an ELT. SOR/2019-11, s. 23. Transponder and Automatic Pressure-altitude Reporting Equipment 901.46 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system if the aircraft is in the transponder airspace referred to in section 601.03 unless the aircraft is equipped with a transponder and automatic pressure-altitude reporting equipment. (2) An air traffic control unit may authorize a pilot to operate a remotely piloted aircraft that is not equipped in accordance with subsection (1) within the airspace referred to in section 601.03 if (a) the air traffic control unit provides an air traffic control service in respect of that airspace; (b) the pilot made a request to the air traffic control unit to operate the aircraft within that airspace before the aircraft entered the airspace; and (c) aviation safety is not likely to be affected. SOR/2019-11, s. 23. Operations at or in the Vicinity of an Aerodrome, Airport or Heliport 901.47 (1) No pilot shall operate a remotely piloted aircraft at or near an aerodrome that is listed in the Canada Flight Supplement or the Water Aerodrome Supplement in a manner that could interfere with an aircraft operating in the established traffic pattern. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.47-901.48 (2) Subject to section 901.73, no pilot shall operate a remotely piloted aircraft at a distance of less than (a) three nautical miles from the centre of an airport; and (b) one nautical mile from the centre of a heliport. (3) No pilot shall operate a remotely piloted aircraft at a distance of less than three nautical miles from the centre of an aerodrome operated under the authority of the Minister of National Defence unless the operation is conducted in accordance with a special flight operations certificate — RPAS issued under section 903.03. SOR/2019-11, s. 23. Records 901.48 (1) Every owner of a remotely piloted aircraft system shall keep the following records: (a) a record containing the names of the pilots and other crew members who are involved in each flight and, in respect of the system, the time of each flight or series of flights; and (b) a record containing the particulars of any mandatory action and any other maintenance action, modification or repair performed on the system, including (i) the names of the persons who performed them, (ii) the dates they were undertaken, (iii) in the case of a modification, the manufacturer, model and a description of the part or equipment installed to modify the system, and (iv) if applicable, any instructions provided to complete the work. (2) Every owner of a remotely piloted aircraft system shall ensure that the records referred to in subsection (1) are made available to the Minister on request and are retained for a period of (a) in the case of the records referred to in paragraph (1)(a), 12 months after the day on which they are created; and (b) in the case of the records referred to in paragraph (1)(b), 24 months after the day on which they are created. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division III — General Operating and Flight Rules Sections 901.48-901.49 (3) Every owner of a remotely piloted aircraft system who transfers ownership of the system to another person shall, at the time of transfer, also deliver to that person all of the records referred to in paragraph (1)(b). SOR/2019-11, s. 23. Incidents and Accidents — Associated Measures 901.49 (1) A pilot that operates a remotely piloted aircraft system shall immediately cease operations if any of the following incidents or accidents occurs until such time as an analysis is undertaken as to the cause of the occurrence and corrective actions have been taken to mitigate the risk of recurrence: (a) injuries to any person requiring medical attention; (b) unintended contact between the aircraft and persons; (c) unanticipated damage incurred to the airframe, control station, payload or command and control links that adversely affects the performance or flight characteristics of the aircraft; (d) any time the aircraft is not kept within horizontal boundaries or altitude limits; (e) any collision with or risk of collision with another aircraft; (f) any time the aircraft becomes uncontrollable, experiences a fly-away or is missing; and (g) any incident not referred to in paragraphs (a) to (f) for which a police report has been filed or for which a Civil Aviation Daily Occurrence Report has resulted. (2) The pilot of the remotely piloted aircraft system shall keep, and make available to the Minister on request, a record of any analyses undertaken under subsection (1) for a period of 12 months after the day on which the record is created. SOR/2019-11, s. 23. [901.50 to 901.52 reserved] Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division IV — Basic Operations Sections 901.53-901.55 Division IV — Basic Operations Application 901.53 This Division applies in respect of the operation of remotely piloted aircraft systems that include small remotely piloted aircraft and that are not intended to conduct any of the advanced operations referred to in paragraphs 901.62(a) to (d). SOR/2019-11, s. 23. Pilot Requirements 901.54 (1) Subject to subsection (2), no person shall operate a remotely piloted aircraft system under this Division unless the person (a) is at least 14 years of age; and (b) holds either (i) a pilot certificate — small remotely piloted aircraft (VLOS) — basic operations issued under section 901.55; or (ii) a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64. (2) Subsection (1) does not apply to a person who is less than 14 years of age if the operation of the remotely piloted aircraft system is conducted under the direct supervision of a person who is 14 years of age or older and who can operate a remotely piloted aircraft system under this Division or Division V. SOR/2019-11, s. 23. Issuance of Pilot Certificate — Small Remotely Piloted Aircraft (VLOS) — Basic Operations 901.55 The Minister shall, on receipt of an application, issue a pilot certificate — small remotely piloted aircraft (VLOS) — basic operations if the applicant demonstrates to the Minister that the applicant (a) is at least 14 years of age; and (b) has successfully completed the examination “Remotely Piloted Aircraft Systems — Basic Operations” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division IV — Basic Operations Sections 901.55-901.57 in section 921.01 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). SOR/2019-11, s. 23. Recency Requirements 901.56 (1) No holder of a pilot certificate — small remotely piloted aircraft (VLOS) — basic operations or of a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations shall operate a remotely piloted aircraft system under this Division unless the holder has, within the 24 months preceding the flight, (a) been issued a pilot certificate — small remotely piloted aircraft (VLOS) — basic operations under section 901.55 or a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations under section 901.64; or (b) successfully completed (i) either of the examinations referred to in paragraphs 901.55(b) and 901.64(b), (ii) a flight review referred to in paragraph 901.64(c), or (iii) any of the recurrent training activities set out in section 921.04 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). (2) The person referred to in subsection (1) shall keep a record of all activities referred to in paragraph (1)(b), including the dates on which they were completed, for at least 24 months after the day on which they were completed. SOR/2019-11, s. 23. Access to Certificate and Proof of Recency 901.57 No pilot shall operate a remotely piloted aircraft system under this Division unless both of the following are easily accessible to the pilot during the operation of the system: (a) the pilot certificate — small remotely piloted aircraft (VLOS) — basic operations issued under section 901.55 or the pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64; and (b) documentation demonstrating that the pilot meets the recency requirements set out in section 901.56. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division IV — Basic Operations Sections 901.58-901.62 Examination Rules 901.58 No person shall, in respect of an examination taken under this Division, (a) copy or remove from any place all or any portion of the text of the examination; (b) give help to or accept help from any person during the examination; or (c) complete all or any portion of the examination on behalf of any other person. SOR/2019-11, s. 23. Retaking of an Examination or Flight Review 901.59 A person who fails an examination or a flight review taken under this Division is ineligible to retake the examination or flight review for a period of 24 hours after the examination or review. SOR/2019-11, s. 23. [901.60 and 901.61 reserved] Division V — Advanced Operations Application 901.62 This Division applies in respect of remotely piloted aircraft systems that include small remotely piloted aircraft and that are intended for operation (a) in controlled airspace, in accordance with paragraph 901.69(1)(a) and sections 901.71 and 901.72; (b) at a distance of less than 100 feet (30 m) but not less than 16.4 feet (5 m) from another person except from a crew member or other person involved in the operation, measured horizontally and at any altitude, in accordance with paragraph 901.69(1)(b); (c) at a distance of less than 16.4 feet (5 m) from another person, measured horizontally and at any altitude, in accordance with paragraph 901.69(1)(c); or (d) within three nautical miles from the centre of an airport, or within one nautical mile from the centre of a heliport, in accordance with section 901.73. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division V — Advanced Operations Sections 901.63-901.64 Pilot Requirements 901.63 (1) Subject to subsection (2), no person shall operate a remotely piloted aircraft system under this Division unless the person (a) is at least 16 years of age; and (b) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64. (2) Subsection (1) does not apply to a person who is (a) less than 16 years of age if the operation of the remotely piloted aircraft system is conducted under the direct supervision of a person who is 16 years of age or older and who can operate a remotely piloted aircraft system under this Division; or (b) operating a remotely piloted aircraft system as part of a flight review in order to meet the requirement set out in paragraph 901.64(c). SOR/2019-11, s. 23. Issuance of Pilot Certificate — Small Remotely Piloted Aircraft (VLOS) — Advanced Operations 901.64 The Minister shall, on receipt of an application, issue a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations if the applicant demonstrates to the Minister that the applicant (a) is at least 16 years of age; (b) has successfully completed the examination “Remotely Piloted Aircraft Systems — Advanced Operations” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS); and (c) has, within 12 months before the date of application, successfully completed a flight review in accordance with section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS) conducted by a person qualified to conduct flight reviews under section 901.82. SOR/2019-11, s. 23; SOR/2021-152, s. 13(F). Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division V — Advanced Operations Sections 901.65-901.67 Recency Requirements 901.65 (1) No holder of a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations shall operate a remotely piloted aircraft system under this Division unless the holder has, within the 24 months preceding the flight, (a) been issued a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations under section 901.64; or (b) successfully completed (i) either of the examinations referred to in paragraphs 901.55(b) and 901.64(b), (ii) a flight review referred to in paragraph 901.64(c), or (iii) any of the recurrent training activities set out in section 921.04 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). (2) The person referred to in subsection (1) shall keep a record of all activities completed in accordance with paragraph (1)(b), including the dates on which they were completed, for at least 24 months after the day on which they were completed. SOR/2019-11, s. 23; SOR/2021-152, s. 14(F). Access to Certificate and Proof of Recency 901.66 No pilot shall operate a remotely piloted aircraft system under this Division unless both of the following are easily accessible during the operation of the system: (a) the pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64; and (b) documentation demonstrating that the pilot meets the recency requirements set out in section 901.65. SOR/2019-11, s. 23. Examination Rules 901.67 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination taken under this Division. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division V — Advanced Operations Sections 901.68-901.70 Retaking of an Examination or Flight Review 901.68 A person who fails an examination or a flight review taken under this Division is ineligible to retake the examination or flight review for a period of 24 hours after the examination or review. SOR/2019-11, s. 23. Manufacturer Declaration — Permitted Operations 901.69 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system under this Division to conduct any of the following operations unless a declaration under section 901.76 has been made in respect of that model of system and the certificate of registration issued in respect of the aircraft specifies the operations for which the declaration was made: (a) operations in controlled airspace; (b) operations at a distance of less than 100 feet (30 m) but not less than 16.4 feet (5 m) from another person except from a crew member or other person involved in the operation, measured horizontally and at any altitude; or (c) operations at a distance of less than 16.4 feet (5 m) from another person, measured horizontally and at any altitude. (2) A pilot may operate a remotely piloted aircraft system under this Division to conduct the operations referred to in paragraphs (1)(a) and (b) if, before April 1, 2019, the model of system was determined by the Minister to meet the requirements set out in Appendix C - Criteria for a Compliant Small UAV System Design of Staff Instruction (SI) No. 623-001, published by the Minister on November 19, 2014. SOR/2019-11, s. 23. Operation of a Modified Remotely Piloted Aircraft System 901.70 If a declaration has been made under section 901.76 in respect of a model of remotely piloted aircraft system for any operation referred to in subsection 901.69(1), no pilot shall conduct any of those operations using a system of that model if the system has been modified in any way, unless (a) the pilot is able to demonstrate to the Minister that, despite the modification, the system continues to meet the technical requirements set out in Standard 922 — RPAS Safety Assurance applicable to the operations referred to in subsection 901.69(1) for which the declaration was made; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division V — Advanced Operations Sections 901.70-901.71 (b) if applicable, the modification was performed according to the instructions of the manufacturer of the part or equipment used to modify the system. SOR/2019-11, s. 23. Operations in Controlled Airspace 901.71 (1) No pilot shall operate a remotely piloted aircraft in controlled airspace under this Division unless the following information is provided to the provider of air traffic services in the area of operation before a proposed operation and an authorization has been issued by that provider: (a) the date, time and duration of the operation; (b) the category, registration number and physical characteristics of the aircraft; (c) the vertical and horizontal boundaries of the area of operation; (d) the route of the flight to access the area of operation; (e) the proximity of the area of operation to manned aircraft approaches and departures and to patterns of traffic formed by manned aircraft; (f) the means by which two-way communications with the appropriate air traffic control unit will be maintained; (g) the name, contact information and pilot certificate number of any pilot of the aircraft; (h) the procedures and flight profiles to be followed in the case of a lost command and control link; (i) the procedures to be followed in emergency situations; (j) the process and the time required to terminate the operation; and (k) any other information required by the provider of air traffic services that is necessary for the provision of air traffic management. (2) Despite section 901.25, a pilot may operate a remotely piloted aircraft in controlled airspace under this Division at an altitude above those referred to in that section if an authorization to that effect has been issued by the provider of air traffic services in the area of operation. SOR/2019-11, s. 23. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division V — Advanced Operations Sections 901.71-901.76 Compliance with Air Traffic Control Instructions 901.72 The pilot of a remotely piloted aircraft operating in controlled airspace under this Division shall comply with all of the air traffic control instructions directed at the pilot. SOR/2019-11, s. 23. Operations at or in the Vicinity of an Airport or Heliport — Established Procedure 901.73 No pilot shall operate a remotely piloted aircraft system under this Division if the aircraft is within three nautical miles from the centre of an airport or within one nautical mile from the centre of a heliport unless the operation is conducted in accordance with the established procedure with respect to the use of remotely piloted aircraft systems applicable to that airport or heliport. SOR/2019-11, s. 23. [901.74 and 901.75 reserved] Division VI — Advanced Operations — Requirements for Manufacturer Manufacturer Declaration 901.76 (1) For each model of remotely piloted aircraft system that is intended to conduct any of the operations referred to in subsection 901.69(1), the manufacturer shall provide the Minister with a declaration in accordance with subsection (2), except in the case of a model referred to in subsection 901.69(2) and that is intended to conduct any of the operations referred to in that subsection. (2) The manufacturer’s declaration shall (a) specify the manufacturer of the remotely piloted aircraft system, the model of the system, the maximum take-off weight of the aircraft, the operations referred to in subsection 901.69(1) that the aircraft is intended to undertake and the category of aircraft, such as a fixed-wing aircraft, rotary-wing aircraft, hybrid aircraft or lighter-than-air aircraft; (b) indicate that the manufacturer Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division VI — Advanced Operations — Requirements for Manufacturer Sections 901.76-901.78 (i) declares that it meets the documentation requirements set out in section 901.78, and (ii) has verified that the system meets the technical requirements set out in Standard 922 — RPAS Safety Assurance applicable to the operations referred to in subsection 901.69(1) for which the declaration was made. (3) The manufacturer’s declaration is invalid if (a) the Minister has determined that the model of remotely piloted aircraft system does not meet the technical requirements set out in the standard referred to in subparagraph (2)(b)(ii); or (b) the manufacturer has notified the Minister of an issue related to the design of the model under section 901.77. SOR/2019-11, s. 23. Notice to the Minister 901.77 A manufacturer that has made a declaration to the Minister under section 901.76 shall notify the Minister of any issue related to the design of the model of remotely piloted aircraft system that results in the system no longer meeting the technical requirements set out in the standard referred to in subparagraph 901.76(2)(b)(ii), as soon as possible after the issue is identified. SOR/2019-11, s. 23. Documentation 901.78 A manufacturer that has made a declaration to the Minister in respect of a model of remotely piloted aircraft system under section 901.76 shall make available to each owner of that model of system (a) a maintenance program that includes (i) instructions related to the servicing and maintenance of the system, and (ii) an inspection program to maintain system readiness; (b) any mandatory actions the manufacturer issues in respect of the system; and (c) a remotely piloted aircraft system operating manual that includes (i) a description of the system, Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division VI — Advanced Operations — Requirements for Manufacturer Sections 901.78-901.79 (ii) the ranges of weights and centres of gravity within which the system may be safely operated under normal and emergency conditions and, if a weight and centre of gravity combination is considered safe only within certain loading limits, those limits and the corresponding weight and centre of gravity combinations, (iii) with respect to each flight phase and mode of operation, the minimum and maximum altitudes and velocities within which the aircraft can be operated safely under normal and emergency conditions, (iv) a description of the effects of foreseeable weather conditions or other environmental conditions on the performance of both the system and the pilot, (v) the characteristics of the system that could result in severe injury to crew members during normal operations, (vi) the design features of the system, and their associated operations, that are intended to protect against injury to persons not involved in the operations, (vii) the warning information provided to the pilot in the event of a degradation in system performance that results in an unsafe system operation condition, (viii) procedures for operating the system in normal and emergency conditions, and (ix) assembly and adjustment instructions for the system. SOR/2019-11, s. 23; SOR/2021-152, s. 15(F). Record-keeping 901.79 (1) A manufacturer that has made a declaration to the Minister in respect of a model of remotely piloted aircraft system under section 901.76 shall keep, and make available to the Minister on request, (a) a current record of all mandatory actions in respect of the system; and (b) a current record of the results of, and the reports related to, the verifications that the manufacturer has undertaken to ensure that the model of the system Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division VI — Advanced Operations — Requirements for Manufacturer Sections 901.79-901.83 meets the technical requirements set out in the standard referred to in subparagraph 901.76(2)(b)(ii) applicable to the operations for which the declaration was made. (2) The manufacturer shall keep the records referred to in subsection (1) for the greater of (a) two years following the date that manufacturing of that model of remotely piloted aircraft system permanently ceases, and (b) the lifetime of the remotely piloted aircraft that is an element of the model of system referred to in paragraph (a). SOR/2019-11, s. 23. [901.80 and 901.81 reserved] Division VII — Requirements Related to Flight Review Prohibition — Flight Reviewer 901.82 No person shall perform the duties of a flight reviewer for the purposes of subparagraph 901.56(1)(b)(ii), paragraph 901.64(c) or subparagraph 901.65(1)(b)(ii) unless that person (a) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations endorsed with a flight reviewer rating under section 901.83; and (b) is able to demonstrate that they are affiliated with a training provider that has made a declaration to the Minister in accordance with the requirements of section 921.05 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). SOR/2019-11, s. 23. Flight Reviewer Rating 901.83 The Minister shall, on receipt of an application, endorse the applicant’s pilot certificate with a flight reviewer rating if the applicant demonstrates to the Minister that the applicant (a) is at least 18 years of age; (b) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64 and meets the recency requirements set out in section 901.65; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division VII — Requirements Related to Flight Review Sections 901.83-901.87 (c) has held the certificate referred to in paragraph (b) for at least six months immediately before the date of application; and (d) has successfully completed the examination “Remotely Piloted Aircraft Systems — Flight Reviewers” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.03 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). SOR/2019-11, s. 23; SOR/2021-152, s. 16(F). Examination Rules 901.84 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination taken under paragraph 901.83(d). SOR/2019-11, s. 23. Retaking of Examination 901.85 A person who fails an examination taken under paragraph 901.83(d) is ineligible to retake the examination for a period of 24 hours after the examination. SOR/2019-11, s. 23. Training Provider Requirements 901.86 When a training provider has made a declaration to the Minister referred to in paragraph 901.82(1)(b), the provider shall (a) submit to the Minister the name of any person that is affiliated with the provider and who intends to perform the duties of a flight reviewer; (b) ensure that the person referred to in paragraph (a) conducts flight reviews in accordance with section 901.87; and (c) if the person referred to in paragraph (a) ceases to be affiliated with the provider, notify the Minister of that fact within seven days after the day on which the affiliation ceases. SOR/2019-11, s. 23. Conduct of Flight Reviews 901.87 No person shall conduct a flight review for the purposes of subparagraph 901.56(1)(b)(ii), paragraph 901.64(c) or subparagraph 901.65(1)(b)(ii) unless the review is conducted in accordance with section 921.06 of Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 1 — Small Remotely Piloted Aircraft Division VII — Requirements Related to Flight Review Sections 901.87-903.01 Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). SOR/2019-11, s. 23. Subpart 2 — [Reserved] Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems Prohibition 903.01 No person shall conduct any of the following operations using a remotely piloted aircraft system that includes a remotely piloted aircraft having a maximum take-off weight of 250 g (0.55 pounds) or more unless the person complies with the provisions of a special flight operations certificate — RPAS issued by the Minister under section 903.03: (a) the operation of a system that includes a remotely piloted aircraft having a maximum take-off weight of more than 25 kg (55 pounds); (b) the operation of a system beyond visual line-ofsight, as referred to in subsection 901.11(2); (c) the operation of a system by a foreign operator or pilot who has been authorized to operate remotely piloted aircraft systems by the foreign state; (d) the operation of a remotely piloted aircraft at an altitude greater than those referred to in subsection 901.25(1), unless the operation at a greater altitude is authorized under subsection 901.71(2); (e) the operation of more than five remotely piloted aircraft at a time from a single control station, as referred to in subsection 901.40(2); (f) the operation of a system at a special aviation event or at an advertised event, as referred to in section 901.41; (g) the operation of a system when the aircraft is transporting any of the payloads referred to in subsection 901.43(1); (h) the operation of a remotely piloted aircraft within three nautical miles of an aerodrome operated under the authority of the Minister of National Defence, as referred to in subsection 901.47(3); and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems Prohibition Sections 903.01-903.02 (i) any other operation of a system for which the Minister determines that a special flight operations certificate — RPAS is necessary to ensure aviation safety or the safety of any person. SOR/2019-11, s. 23. Application for Special Flight Operations Certificate — RPAS 903.02 A person who proposes to operate a remotely piloted aircraft system for any operation set out in section 903.01 shall apply to the Minister for a special flight operations certificate — RPAS with regard to that operation by submitting the following information to the Minister at least 30 working days before the date of the proposed operation: (a) the legal name, trade name, address and contact information of the applicant; (b) the means by which the person responsible for the operation or the pilot may be contacted directly during operations; (c) the operation for which the application is made; (d) the purpose of the operation; (e) the dates, alternate dates and times of the operation; (f) the manufacturer and model of the system, including three-view drawings or photographs of the aircraft and a complete description of the aircraft, including performance, operating limitations and equipment; (g) a description of the safety plan for the proposed area of operation; (h) a description of the emergency contingency plan for the operation; (i) a detailed plan describing how the operation is to be carried out; (j) the names, certificates, licences, permits and qualifications of the crew members, including the pilots and visual observers, and the remotely piloted aircraft system maintenance personnel; (k) the instructions regarding the maintenance of the system and a description of how that maintenance will be performed; (l) a description of weather minima for the operation; Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part IX — Remotely Piloted Aircraft Systems Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems Application for Special Flight Operations Certificate — RPAS Sections 903.02-1000.01 (m) a description of separation and collision avoidance capability and procedures; (n) a description of normal and emergency procedures for the operation; (o) a description of air traffic control services coordination, if applicable; and (p) any other information requested by the Minister pertinent to the safe conduct of the operation. SOR/2019-11, s. 23; SOR/2021-152, s. 17(F). Issuance of Special Flight Operations Certificate — RPAS 903.03 The Minister shall, on receipt of an application submitted in accordance with section 903.02, issue a special flight operations certificate — RPAS if the applicant demonstrates to the Minister the ability to perform the operation without adversely affecting aviation safety or the safety of any person. SOR/2019-11, s. 23. Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division I — General Interpretation 1000.01 The following definitions apply in this Part. CO2 means carbon dioxide. (CO2) compliance period means one of the three-year periods set out in subsection 1020.01(2) of the CORSIA Standard. (période de conformité) CORSIA means the International Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation set out in Volume IV of Annex 16 to the Convention. (CORSIA) CORSIA eligible emissions unit has the same meaning as in subsection 1020.01(1) of the CORSIA Standard. (unité d’émissions admissible du CORSIA) Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division I — General Interpretation Sections 1000.01-1000.03 CORSIA eligible fuel has the same meaning as in subsection 1020.01(1) of the CORSIA Standard. (carburant admissible CORSIA) CORSIA Standard means Standard 1020 — CORSIA, published by the Department of Transport. (Norme du CORSIA) new entrant has the same meaning as in CORSIA and, for the purposes of interpreting this definition, “aeroplane operator” is to be read as “private operator” or “air operator”. (nouveau venu) SOR/2018-240, s. 2; SOR/2020-275, s. 2. Application 1000.02 (1) This Part applies to Canadian private operators and Canadian air operators that produce — from the use of one or more large aeroplanes — more than 10 000 t of CO2 emissions from flights between contracting states during a calendar year. (2) For the purposes of subsection (1), the emissions are calculated in accordance with section 1000.03. (3) For the purposes of this Part, flights are attributed to a private operator or air operator in accordance with section 1020.02 of the CORSIA Standard and the flight departure time (UTC) determines the calendar year to which a flight belongs. (4) The following flights are exempt from the application of subsection (1): (a) humanitarian flights; (b) medical evacuation flights; (c) fire-fighting flights; and (d) positioning flights required in relation to the flights referred to in paragraphs (a) to (c). SOR/2018-240, s. 2; SOR/2020-275, s. 2. Calculation Method 1000.03 (1) CO2 emissions are to be determined using the following formula and expressed in tonnes: Σ Mf x FCFf f where Mf is the mass of fuel f used, expressed in tonnes and calculated according to Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division I — General Calculation Method Sections 1000.03-1000.10 (a) a method described in subsection 1020.03(1) of the CORSIA Standard, subject to subsection (2); or (b) a method described in subsection 1020.03(2) of the CORSIA Standard; and FCFf is the fuel conversion factor of given fuel f, expressed in kg CO2/kg fuel, and is equal to (a) 3.16 for Jet-A and Jet-A1 fuels; or (b) 3.10 for aviation gasoline (AvGas) and Jet-B fuel. (2) For the purposes of the methods described in paragraphs 1020.03(1)(a) and (b) of the CORSIA Standard, if a flight is operated on behalf of a private operator or air operator, that operator must ensure that the fuel measurement values calculated according to the method described in paragraph 1020.03(1)(c) of the CORSIA Standard are provided to it and taken into account in its calculations. SOR/2018-240, s. 2; SOR/2020-275, s. 2. [1000.04 to 1000.09 reserved] Division II — Monitoring Emissions Monitoring Plan 1000.10 (1) Within 90 days after the day on which a private operator or air operator becomes subject to this Part, the operator must submit to the Minister for approval an emissions monitoring plan for its flights between contracting states — other than flights referred to in subsection 1000.02(4) — that are conducted using one or more large aeroplanes. (2) The plan must contain the information referred to in subsections 1020.10(1) to (3) of the CORSIA Standard. (3) The private operator or air operator must choose one of the following monitoring methods: (a) in the case of flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, (i) a method described in subsection 1020.03(1) or (2) of the CORSIA Standard, if the annual CO2 emissions from those flights are less than 50 000 t, or Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division II — Monitoring Emissions Monitoring Plan Sections 1000.10-1000.12 (ii) a method described in subsection 1020.03(1) of the CORSIA Standard, if the annual CO2 emissions from those flights are equal to or greater than 50 000 t; or (b) in any other case, a method described in subsection 1020.03(1) or (2) of the CORSIA Standard. (4) A private operator or air operator whose emissions monitoring plan was approved by the Minister before January 1, 2021 must submit to the Minister, no later than February 28, 2021, (a) if the monitoring method identified in that plan meets the requirements of subsection (3), the information referred to in paragraphs 1020.10(2)(g), (i), (j) and (k) of the CORSIA Standard; or (b) if the monitoring method identified in that plan does not meet the requirements of subsection (3), an amended plan for approval that identifies a method chosen in accordance with subsection (3) and contains the information referred to in subsection (2). SOR/2018-240, s. 2; SOR/2020-275, s. 2. Approval 1000.11 The Minister must approve the emissions monitoring plan if (a) the information referred 1000.10(2) is provided; to in subsection (b) a monitoring method is chosen in accordance with subsection 1000.10(3); and (c) the information referred to in subsections 1020.10(2) and (3) of the CORSIA Standard and submitted in accordance with section 1000.10 is consistent with the chosen monitoring method and the activities of the private operator or air operator, as applicable. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Amendment 1000.12 (1) Subject to subsection (2), if any of the information referred to in subsection 1020.10(2) of the CORSIA Standard is amended, the private operator or air operator must submit an amended emissions monitoring plan to the Minister for approval before it is implemented. (2) If the information referred to in paragraph 1020.10(2)(i), (j) or (k) of the CORSIA Standard is Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division II — Monitoring Amendment Sections 1000.12-1000.13 amended, the private operator or air operator must submit an amended emissions monitoring plan to the Minister for approval no later than September 30 of the year preceding the beginning of the next compliance period. (3) If there is a change to the information referred to in subsection 1020.10(1) of the CORSIA Standard, the private operator or air operator must submit the updated information to the Minister without delay. (4) If the annual CO2 emissions from a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard increase to an amount equal to or greater than 50 000 t for two consecutive years, the operator must choose a monitoring method in accordance with subparagraph 1000.10(3)(a)(ii) and submit an amended emissions monitoring plan to the Minister for approval before it is implemented and no later than September 30 of the year following the two consecutive years of increased emissions. (5) If the annual CO2 emissions from a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard decrease to an amount less than 50 000 t for two consecutive years, the operator may choose a different monitoring method in accordance with subparagraph 1000.10(3)(a)(i) and, if a different monitoring method is chosen, must submit an amended emissions monitoring plan to the Minister for approval before it is implemented and no later than September 30 of the year following the two consecutive years of decreased emissions. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Implementation of Monitoring Plan 1000.13 (1) Subject to subsection (5), a private operator or air operator must implement its emissions monitoring plan as soon as it is approved. (2) Subject to subsections (3) to (5), the private operator or air operator must use the monitoring method identified in its approved emissions monitoring plan for at least an entire compliance period. (3) If a private operator or air operator changes its monitoring method in accordance with subsection 1000.12(4) or (5), the operator must use the new method beginning on January 1 of the year after the year in which the amended emissions monitoring plan is approved. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division II — Monitoring Implementation of Monitoring Plan Sections 1000.13-1000.15 (4) If a private operator or air operator changes its monitoring method as a corrective measure taken under subparagraph 1000.15(1)(a)(ii), the operator must use the new method as soon as its amended emissions monitoring plan is approved. (5) A new entrant must implement its approved emissions monitoring plan on January 1 of the year after the year during which the new entrant becomes subject to this Part. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Data Gaps — Threshold 1000.14 A private operator or air operator that uses a monitoring method described in subsection 1020.03(1) of the CORSIA Standard must not have data gaps related to fuel quantities in respect of more than 5% of its flights between states referred to in subsection 1020.10(4) of the CORSIA Standard. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Data Gaps — Requirements 1000.15 (1) If there are data gaps in respect of a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, the operator must, (a) if the gaps are in respect of more than 5% of those flights, (i) notify the Minister of the reasons for the gaps within three months after the day on which it becomes aware of those gaps, (ii) take corrective measures before submitting the verified emissions report referred to in section 1000.30, which may include changing the monitoring method if an amended emissions monitoring plan is submitted to the Minister in accordance with section 1000.12 and the Minister approves it, and (iii) fill in the gaps before submitting the verified emissions report referred to in section 1000.30 using one of the monitoring methods described in subsection 1020.03(1) of the CORSIA Standard, which is to be pre-approved by the Minister if the requirements related to that method are met; or (b) if the gaps are in respect of no more than 5% of those flights, (i) take corrective measures, and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division II — Monitoring Data Gaps — Requirements Sections 1000.15-1000.20 (ii) fill in the gaps using one of the monitoring methods described in section 1020.15 of the CORSIA Standard before submitting the verified emissions report referred to in section 1000.30. (2) If there are data gaps in respect of a private operator’s or air operator’s flights between contracting states other than the flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, the operator must (a) take corrective measures; and (b) fill in the gaps using one of the monitoring methods described in section 1020.15 of the CORSIA Standard before submitting the verified emissions report referred to in section 1000.30. SOR/2020-275, s. 2. [1000.16 to 1000.19 reserved] Division III — Offsetting Obligation to Offset 1000.20 (1) For each compliance period, a private operator or air operator must offset the final amount of CO2 emissions calculated in accordance with subsection 1000.24(1) and indicated in a notice provided by the Minister by cancelling, within a registry referred to in section 1020.20 of the CORSIA Standard, an amount of CORSIA eligible emissions units equal to the amount indicated in the notice, by the later of (a) the last day of the 13th month after the end of the compliance period to which the notice relates; and (b) the 60th day after the day on which the operator receives the notice. (2) For the purposes of calculating offsetting obligations, the CO2 emissions to be taken into account are those from flights between states referred to in subsection 1020.10(4) of the CORSIA Standard — other than flights referred to in subsection 1000.02(4) — that are conducted using one or more large aeroplanes. (3) A private operator or air operator must ensure that the information referred to in subsection 1020.30(4) of the CORSIA Standard in respect of each of its cancelled CORSIA eligible emissions units for a given compliance Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division III — Offsetting Obligation to Offset Sections 1000.20-1000.22 period is published on the website of the registry referred to in subsection (1). SOR/2018-240, s. 2; SOR/2020-275, s. 2. Prohibition 1000.21 A private operator or air operator must not operate an aircraft for a flight between states referred to in subsection 1020.10(4) of the CORSIA Standard unless that operator has offset its CO2 emissions in accordance with subsection 1000.20(1) of these Regulations. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Calculation of Annual Offsetting Obligations 1000.22 (1) The Minister must calculate the amount of CO2 emissions, expressed in tonnes, required to be offset by a private operator or air operator for a given calendar year, without consideration of any reduction resulting from the use of CORSIA eligible fuels, using the following formula: %Sy x OEy x SGFy + %Oy x OEy x OGFy where %Sy is the per cent sectoral for the given calendar year y, as indicated in subsection 1020.22(2) of the CORSIA Standard; OEy is the CO2 emissions from the operator’s flights referred to in subsection 1000.20(2) for the given calendar year y; SGFy is the sector’s growth factor for the given calendar year y referred to in subsection 1020.22(3) of the CORSIA Standard; %Oy is the per cent individual for the given calendar year y, as indicated in subsection 1020.22(2) of the CORSIA Standard; and OGFy is the operator’s growth factor for the given calendar year y, calculated in accordance with the formula set out in subsection (2). (2) The Minister must, taking into account the CO2 emissions set out in the verified emissions report submitted by the private operator or air operator, calculate the operator’s growth factor for a given calendar year using the following formula: OEy – OEB,y OEy where Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division III — Offsetting Calculation of Annual Offsetting Obligations Sections 1000.22-1000.23 is the CO2 emissions from the operator’s flights referred to in subsection 1000.20(2) for the given calendar year y; and OEy is the value set out in subsection 1020.22(4) of the CORSIA Standard. OEB,y (3) In the case of a new entrant, the Minister must not take into account the CO2 emissions produced by the new entrant during the shorter of the following periods: (a) the period beginning on the day on which the new entrant becomes subject to this Part and ending on January 1 of the third year after that day; and (b) the period beginning on the day on which the new entrant becomes subject to this Part and ending on December 31 of the year preceding the year during which the CO2 emissions from its flights referred to in subsection 1000.20(2) exceed the threshold set out in subsection 1020.22(1) of the CORSIA Standard. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Calculation of Reductions from Use of CORSIA Eligible Fuels 1000.23 (1) A private operator or air operator may claim an emissions reduction resulting from the use of CORSIA eligible fuels in a given calendar year and, if a claim is made, the reduction is to be calculated for each CORSIA eligible fuel using the following formula and be expressed in tonnes: FCF x where FCF Σ MS f LSf f,y x 1 – LC is the fuel conversion factor, expressed in kg CO2/kg fuel, and is equal to (a) 3.16 for Jet-A and Jet-A1 fuels; or (b) 3.10 for aviation gasoline (AvGas) and Jet-B fuel; MSf,y LSf is the total mass, expressed in tonnes, of a given CORSIA eligible fuel f claimed for the given calendar year y, as calculated in accordance with subsection 1020.23(3) of the CORSIA Standard and as reported in accordance with section 1000.30 of these Regulations; is the life-cycle emissions value for a given CORSIA eligible fuel f, calculated in accordance with subsection (2) and expressed in gCO2e/MJ; and Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division III — Offsetting Calculation of Reductions from Use of CORSIA Eligible Fuels Sections 1000.23-1000.24 is the life-cycle emissions value for fuel, expressed in gCO2e/MJ and equal to LC (a) 89 for jet fuels; and (b) 95 for aviation gasoline (AvGas). (2) For the purposes of calculating the life-cycle emissions value for a CORSIA eligible fuel, (a) if a default life-cycle emissions value is used, the private operator or air operator must use the value referred to in subsection 1020.23(1) of the CORSIA Standard; or (b) if an actual life-cycle emissions value is used, the private operator or air operator must (i) use the calculation methodology referred to in paragraph 1020.23(2)(a) of the CORSIA Standard, and (ii) ensure that the application of the calculation methodology is verified in accordance with paragraph 1020.23(2)(b) of the CORSIA Standard. (3) In order to claim an emissions reduction resulting from the use of CORSIA eligible fuels during a given compliance period, a private operator or air operator must submit the information required by subparagraph 1000.30(1)(a)(ii) no later than in its verified emissions report in respect of the final year of that compliance period. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Calculation of Final Offsetting Obligations 1000.24 (1) The Minister must calculate, for each private operator and air operator, the final amount of CO2 emissions that that operator is required to offset for a given compliance period, rounded up to the nearest tonne, using the following formula: OR1,c + OR2,c + OR3,c – ER1,c + ER2,c + ER3,c where ORy,c is the amount of CO2 emissions that the operator is required to offset for the given calendar year y (where y = 1, 2 or 3) of the compliance period c, calculated in accordance with section 1000.22; and ERy,c is the emissions reduction claimed resulting from the use of CORSIA eligible fuels in the given calendar year y (where y = 1, 2 or 3) of the Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division III — Offsetting Calculation of Final Offsetting Obligations Sections 1000.24-1000.30 compliance period c, calculated in accordance with section 1000.23. (2) If the amount of CO2 emissions calculated in accordance with subsection (1) is a negative amount for a given compliance period, that amount cannot be used to reduce the private operator’s or air operator’s emissionsoffsetting obligations for a subsequent compliance period. SOR/2020-275, s. 2. [1000.25 to 1000.29 reserved] Division IV — Reporting, Verification and Record Keeping Verified Emissions Report 1000.30 (1) A private operator or air operator must submit to the Minister, no later than April 30 of the calendar year following the calendar year during which the monitoring of emissions was carried out, (a) a verified emissions report containing the information referred to in (i) subsection 1020.30(1) of the CORSIA Standard, and (ii) subsection 1020.30(2) of the CORSIA Standard, if an emissions reduction resulting from the use of CORSIA eligible fuel is being claimed; and (b) the verification report associated with the report referred to in paragraph (a) containing the information referred to in paragraph 1020.32(3)(j) of the CORSIA Standard. (2) The private operator or air operator must ensure that the verification body submits to the Minister, with the operator’s prior authorization, the reports referred to in subsection (1) no later than April 30 of the calendar year following the calendar year during which the monitoring of emissions was carried out. (3) Despite subsections (1) and (2), the verified emissions report and associated verification report for the year 2020 must contain the information referred to in, and be submitted in accordance with, section 1000.20, as it read before January 1, 2021. SOR/2018-240, s. 2; SOR/2020-275, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division IV — Reporting, Verification and Record Keeping Verified Emissions Unit Cancellation Report Sections 1000.31-1000.32 Verified Emissions Unit Cancellation Report 1000.31 (1) A private operator or air operator must submit to the Minister, for a given compliance period, (a) a verified emissions unit cancellation report containing the information referred to in subsections 1020.30(3) to (5) of the CORSIA Standard; and (b) the verification report associated with the report referred to in paragraph (a) containing the information referred to in paragraph 1020.32(3)(j) of the CORSIA Standard. (2) The private operator or air operator must submit to the Minister the reports referred to in subsection (1) by the later of (a) the last day of the 16th month after the end of the given compliance period; and (b) the last day of the 5th month after the day on which the operator receives the notice referred to in subsection 1000.20(1). (3) The private operator or air operator must ensure that the verification body submits to the Minister, with the operator’s prior authorization, the reports referred to in subsection (1) by the later of the dates set out in subsection (2). SOR/2020-275, s. 2. Verification Body 1000.32 (1) A private operator or air operator must select a verification body that is accredited as meeting the requirements set out in subsection 1020.32(2) of the CORSIA Standard by a national accreditation body that is a member of the International Accreditation Forum and that meets the requirements referred to in subsection 1020.32(1) of the CORSIA Standard. (2) The private operator or air operator must ensure that the verification of the emissions report and the emissions unit cancellation report is conducted in accordance with the requirements set out in subsection 1020.32(3) of the CORSIA Standard. SOR/2020-275, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations Part X — Greenhouse Gas Emissions from International Aviation — CORSIA Division IV — Reporting, Verification and Record Keeping Parent Company and Subsidiaries Sections 1000.33-1000.35 Parent Company and Subsidiaries 1000.33 A private operator or air operator and one or more other private operators or air operators may consolidate their emissions monitoring plans, verified emissions reports, verified emissions unit cancellation reports and associated verification reports if (a) they are in a parent-subsidiary relationship in which the subsidiary is wholly owned by the parent company or they are wholly owned subsidiaries of the same parent company; and (b) the consolidated emissions monitoring plan establishes that the subsidiary is wholly owned. SOR/2020-275, s. 2. Publication 1000.34 (1) A private operator or air operator that uses a monitoring method described in subsection 1020.03(1) of the CORSIA Standard may make a request to the Minister that certain information be considered confidential, in the cases set out in section 1020.34 of the CORSIA Standard, and must indicate the reasons for the request. (2) The Minister must determine that information is confidential if it is established that publication would harm the commercial interests of the private operator or air operator and such information must be designated as confidential when provided to ICAO. SOR/2020-275, s. 2. Records 1000.35 (1) A private operator or air operator must retain a copy of the emissions monitoring plans, the verified emissions reports, the verified emissions unit cancellation reports, the authorizations referred to in subsections 1000.30(2) and 1000.31(3) and the associated verification reports, together with the supporting documents, for at least 10 years after the day on which they are made. (2) The private operator or air operator must provide the Minister with a copy of the records referred to in subsection (1) on request. SOR/2020-275, s. 2. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations RELATED PROVISIONS RELATED PROVISIONS — SOR/2014-131, s. 25 25 For greater certainty, a temporary private operator certificate or an operations specification issued by the Minister to a private operator under any of the following interim orders expires on the day on which these Regulations come into force: (a) Private Operators Interim Order, made on March 25, 2011; (b) Interim Order No. 2 Respecting Private Operators, made on April 8, 2011; (c) Interim Order No. 3 Respecting Private Operators, made on April 21, 2011; (d) Interim Order No. 4 Respecting Private Operators, made on May 5, 2011; (e) Interim Order No. 5 Respecting Private Operators, made on May 19, 2011; (f) Interim Order No. 6 Respecting Private Operators, made on June 3, 2011; (g) Interim Order No. 7 Respecting Private Operators, made on June 17, 2011; (h) Interim Order No. 8 Respecting Private Operators, made on June 30, 2011; (i) Interim Order No. 9 Respecting Private Operators, made on July 14, 2011; (j) Interim Order No. 10 Respecting Private Operators, made on June 25, 2012; and (k) Interim Order No. 11 Respecting Private Operators, made on May 31, 2013. — SOR/2018-269, s. 19 Subparts 3 and 4 of Part VII 19 The references “Subsection 700.14(1)” to “Subsection 700.21(2)” in column I of Part VII of Schedule II to Part I of the Canadian Aviation Regulations and the corresponding amounts in column II, and Division III of Part VII of the Canadian Aviation Regulations, as they read on the day before the day on which these Regulations come into force continue to apply to an air operator who operates an aircraft under Subpart 3 or 4 of Part VII of the Canadian Aviation Regulations and to a flight crew Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations RELATED PROVISIONS member who operates an aircraft under either of those Subparts until four years after the day on which these Regulations are published in the Canada Gazette, Part II. — SOR/2019-11, s. 24 24 The definitions area of natural hazard or disaster, MAAC, Regulations and restricted airspace in subsection 1(1), subsections 1(2) and (3) and sections 2 to 8 of Interim Order No. 9 Respecting the Use of Model Aircraft and the schedule to that Interim Order continue to apply until May 31, 2019. Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2019-130, s. 3 3 Subpart 5 of Part VI of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Section 605.34.2”: Column I Column II Maximum Amount of Penalty ($) Designated Provision Individual Corporation Section 605.34.3 1,000 5,000 — SOR/2019-130, s. 5 5 (1) Subsection 605.34(1) of the Regulations is replaced by the following: 605.34 (1) This section applies in respect of the following aircraft: (a) a multi-engined turbine-powered aircraft that is configured for six or more passenger seats and is operated by two flight crew members, regardless of the minimum crew requirements set out in the aircraft type certificate or the subpart under which the aircraft is operated; (b) a turbine-powered aeroplane that was type-certificated on or after January 1, 2016 and for which more than one flight crew member is required by the aircraft type certificate or by the subpart under which the aeroplane is operated; (c) a turbine-powered aeroplane with an MCTOW of more than 27 000 kg (59,525 pounds) that was typecertificated after September 30, 1969 and was manufactured before January 1, 1987; (d) a large aeroplane that was manufactured on or after January 1, 1987; and (e) a transport category helicopter with an MCTOW of more than 7 000 kg (15,400 pounds). (2) Paragraph 605.34(4)(c) of the Regulations is replaced by the following: (c) the aircraft is described in paragraph (1)(a), its operator is authorized to conduct single-pilot operations Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations AMENDMENTS NOT IN FORCE in an air operator certificate issued under Subpart 3 of Part VII and the following conditions are met: (i) the period during which the aircraft is operated without a serviceable cockpit voice recorder does not exceed 45 days from the day on which the cockpit voice recorder ceased to be serviceable, (ii) the requirements of paragraph 703.66(a) cannot be met because the auto-pilot is not serviceable, (iii) the aircraft is operated by two pilots who meet the requirements of section 703.88, and (iv) aircraft technical records that indicate the dates on which the cockpit voice recorder and the auto-pilot ceased to be serviceable are carried on board the aircraft. — SOR/2019-130, s. 6 6 The Regulations are amended by adding the following after section 605.34.2: Data Link Communications 605.34.3 If an aircraft is equipped with a cockpit voice recorder and data-link communications equipment, no person shall dispatch or conduct a take-off in the aircraft unless the aircraft is equipped with a data-link recorder that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.34 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards. — SOR/2020-238, s. 3 3 The reference “Subsection 605.38.1(1)” in column I of Subpart 5 of Part VI of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are repealed. — SOR/2020-238, s. 5 (1) 5 (1) Subsection 605.38(1) of the Regulations is replaced by the following: Current to June 20, 2022 Last amended on March 6, 2022 Canadian Aviation Regulations AMENDMENTS NOT IN FORCE (1) Subject to subsection (3), no person shall operate an aircraft unless it is equipped with one or more ELTs, in accordance with subsection (2), that transmit simultaneously on the 406 MHz and 121.5 MHz frequencies. — SOR/2020-238, s. 7 7 Section 605.38.1 of the Regulations and the heading before it are repealed. — SOR/2021-269, s. 2 (2) 2 (2) Subpart 2 of Part III of Schedule II to Subpart 3 of Part I of the Regulations is amended by striking out the reference “Subsection 302.601(2)” in column I and the corresponding amounts in column II. — SOR/2021-269, s. 5 5 Section 302.601 of the Regulations and the heading before it are repealed. — SOR/2021-269, s. 6 6 Sections 302.603 and 302.604 of the Regulations are replaced by the following: 302.603 The operator of an airport shall notify the Minister, no later than 90 days before the end of the period referred to in paragraph 302.600(5)(a) or (b), as applicable, of the manner in which the operator intends to comply with the requirements of subsection 302.600(1). Ministerial Order 302.604 If the operator fails to comply with the requirements of subsection 302.600(1), the Minister is authorized to make an order requiring the operator of an airport to reduce the length of the ASDA, LDA or TORA by the length required to meet the minimum length of a RESA. Current to June 20, 2022 Last amended on March 6, 2022
CONSOLIDATION Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Northern Resident Population Order SOR/2018-279 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Northern Resident Population Order 1 Application *2 Coming into force Current to June 20, 2022 ii Registration SOR/2018-279 December 13, 2018 SPECIES AT RISK ACT Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Northern Resident Population Order Whereas the Killer Whale (Orcinus orca) Northeast Pacific northern resident population is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, and the Minister of Fisheries and Oceans have together prepared a recovery strategy for that species; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of the Environment and the Minister of Fisheries and Oceans are of the opinion that the annexed Order would affect areas in respect of which wildlife management boards are authorized by land claims agreements to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, have consulted the wildlife management boards in question with respect to the Order; Therefore, the Minister of the Environment and the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, make the annexed Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Northern Resident Population Order. Gatineau, December 11, 2018 Catherine McKenna Minister of the Environment Gatineau, December 11, 2018 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Northern Resident Population Order Jonathan Wilkinson Minister of Fisheries and Oceans Current to June 20, 2022 Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Northern Resident Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Killer Whale (Orcinus orca) Northeast Pacific northern resident population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which the Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order comes into force, but if it is registered after that day, it comes into force on the day on which it is registered. * * [Note: Order in force December 13, 2018.] Current to June 20, 2022
CONSOLIDATION Cheese Stabilization Regulations, 1982-83 [Repealed, SOR/2017-84, s. 1] Current to June 20, 2022 Last amended on May 5, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 5, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 5, 2017 TABLE OF PROVISIONS Regulations Respecting the Stabilization of the Price of Cheese Marketed During the Period Commencing on August 1, 1982 and Ending on July 31, 1983 Current to June 20, 2022 Last amended on May 5, 2017 ii
CONSOLIDATION Regulations Respecting Compulsory Insurance for Ships Carrying Passengers SOR/2018-245 Current to June 20, 2022 Last amended on January 11, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 11, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 11, 2019 TABLE OF PROVISIONS Regulations Respecting Compulsory Insurance for Ships Carrying Passengers Definition 1 Definition of Act Application 2 Application Liability Insurance 3 Coverage for damages for death or personal injury Certificate of Insurance 4 Requirement to carry Application Coming into Force 6 30th day after publication SCHEDULE Current to June 20, 2022 Last amended on January 11, 2019 ii Registration SOR/2018-245 November 23, 2018 MARINE LIABILITY ACT Regulations Respecting Compulsory Insurance for Ships Carrying Passengers P.C. 2018-1427 November 22, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 39(a)a and (b)a of the Marine Liability Actb, makes the annexed Regulations Respecting Compulsory Insurance for Ships Carrying Passengers. a S.C. 2009, c. 21, s. 10 b S.C. 2001, c. 6 Current to June 20, 2022 Last amended on January 11, 2019 Regulations Respecting Compulsory Insurance for Ships Carrying Passengers Definition Definition of Act 1 In these Regulations, Act means the Marine Liability Act. Application Application 2 (1) These Regulations apply to (a) the carriage by water, under a contract of carriage, of passengers from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and (b) the carriage by water, otherwise than under a contract of carriage, of persons from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada, excluding (i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship, (ii) a person carried on board a ship other than a ship operated for a commercial or public purpose, (iii) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, and (iv) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner. Non-application (2) These Regulations do not apply to (a) an adventure tourism activity that meets the conditions set out in subsection 37.1(1) of the Act; Current to June 20, 2022 Last amended on January 11, 2019 Regulations Respecting Compulsory Insurance for Ships Carrying Passengers Application Sections 2-4 (b) the carriage of a sail trainee or a person who is a member of a class of persons prescribed under paragraph 39(d) of the Act; (c) search and rescue operations that are carried out by the Canadian Coast Guard Auxiliary; (d) a carriage performed by the Government of Canada or the government of a province, or by an entity that is entitled to indemnification by that government for liability under Part 4 of the Act; or (e) a carriage by a pleasure craft as defined in section 2 of the Canada Shipping Act, 2001. Liability Insurance Coverage for damages for death or personal injury 3 (1) A person who performs the whole or part of a carriage by ship must maintain liability insurance coverage for damages for death or personal injury caused by an incident that occurs in the course of the carriage and is due to the fault or neglect of the person or of the person’s servants or agents or mandataries acting within the scope of their employment. Minimum amount (2) The coverage must be for an amount that is not less than $250,000 multiplied by the passenger capacity of the ship. Certificate of Insurance Requirement to carry 4 (1) The person referred to in subsection 3(1) must ensure that proof of insurance, signed by the insurer or its authorized representative, is carried on board the ship as proof that the insurer has issued a liability insurance policy to the person for the liability insurance coverage required by section 3. Form of proof of insurance (2) The proof of insurance referred to in subsection (1) may be in paper or electronic form and must be (a) if the ship is covered by a protection and indemnity club that is a member of the International Group of Protection and Indemnity Associations, the certificate of entry issued by the club in respect of the ship; or (b) in any other case, a certificate of insurance in the form set out in the schedule. Current to June 20, 2022 Last amended on January 11, 2019 Regulations Respecting Compulsory Insurance for Ships Carrying Passengers Certificate of Insurance Section 4 Fleets (3) If the liability insurance policy provides coverage in respect of a fleet of ships to which paragraph (2)(b) applies, the person referred to in subsection 3(1) must ensure that a certificate of insurance in the form set out in the schedule is carried on board one ship and a copy of it is carried on board every other ship in the fleet. Exceptions (4) Despite subsection (1), a person is not required to carry proof of insurance on board a ship if (a) it is not feasible to do so because the ship does not have any space where the proof of insurance can be protected from the elements; or (b) in the case of proof of insurance kept on an electronic device, it is not possible to display the certificate due to technical reasons. Production within 24 hours (5) If a designated officer boards the ship under subsection 128(1) of the Act and the proof of insurance is not carried on board the ship due to a reason set out in subsection (4), the person referred to in subsection 3(1) must produce the proof of insurance to the designated officer within 24 hours after the designated officer boarded the ship. Fleets — amount of insurance (6) In the case of a liability insurance policy that provides coverage in respect of a fleet of ships to which paragraph (2)(b) applies, the certificate of insurance must (a) state (i) the amount of insurance applicable to each ship in the fleet, or (ii) the amount of insurance applicable to the ship in the fleet with the highest passenger capacity and the number of ships in the fleet to which that amount applies; and (b) state that the policy provides the same coverage as the coverage that would be provided if a separate policy had been issued in respect of each ship listed on the certificate. Current to June 20, 2022 Last amended on January 11, 2019 Regulations Respecting Compulsory Insurance for Ships Carrying Passengers Certificate of Insurance Sections 4-6 Exceptions to form of certificate (7) In the case of a liability insurance policy that provides coverage in respect of a fleet of ships to which paragraph (2)(b) applies, (a) if a ship is exempted under the regulations made under the Canada Shipping Act, 2001 from the registration requirement set out in subsection 46(1) of that Act, the name of the ship and its official number are not required to be set out on the certificate of insurance; and (b) if proof of insurance is in paper form and the fleet has more ships than can be listed on the front of the certificate of insurance, the information regarding the ships that cannot be listed on the front of the certificate must be set out on the back. Application 5 Sections 3 and 4 do not apply until (a) in the case of a person referred to in subsection 3(1) who, at the end of the day before the day on which these Regulations come into force, holds a liability insurance policy that provides coverage for death or personal injury caused by an incident that occurs in the course of a carriage by ship, the moment at which the first of the following events occurs: (i) the policy expires, (ii) the cancellation of the policy takes effect, or (iii) the modification of the policy takes effect; and (b) in any other case, the 60th day after the day on which these Regulations come into force. Coming into Force 30th day after publication 6 These Regulations come into force on the 30th day after the day on which they are published in the Canada Gazette, Part II. Current to June 20, 2022 Last amended on January 11, 2019 Regulations Respecting Compulsory Insurance for Ships Carrying Passengers SCHEDULE SCHEDULE (Paragraph 4(2)(b) and subsection 4(3)) Certificate of Insurance Number of liability insurance policy Name of insured Address City, Province Postal Code Name of Ship(s)* Official Number Passen Paragraph 36(1)(a) of the Marine Liability Act states the following: including any vessel or craft designed, used or capable of being us including an air cushion vehicle or a vessel propelled manually by pa * Nom du (des) navire(s)* Numéro matricule Capac * L’alinéa 36(1)a) de la Loi sur la responsabilité en matière maritime vise notamment un bâtiment ou une embarcation — de mer ou no navigation, à l’exclusion des bâtiments propulsés manuellement à l’a Pursuant to the Regulations Respecting Compulsory Insurance for Ships Carrying Passengers, made under Part 4 of the Marine Liability Act, and subject to the terms and conditions of the above-mentioned liability insurance policy, this is to certify that the above-named insured is the holder of a liability insurance policy, that is in force, for the carriage of persons on board the ships listed in this certificate. If the liability insurance policy provides coverage in respect of a fleet of ships, the policy provides the same coverage as the coverage that would be provided if a separate policy had been issued in respect of each ship listed on this certificate. INSURER Name Address City, Province Postal Code Policy effective date Policy expiry date Insurer or Authorized Representative of Insurer Current to June 20, 2022 Last amended on January 11, 2019 Regulations Respecting Compulsory Insurance for Ships Carrying Passengers SCHEDULE Date Current to June 20, 2022 Last amended on January 11, 2019
CONSOLIDATION Canada-Newfoundland Oil and Gas Spills and Debris Liability Regulations [Repealed, SOR/2016-23, s. 6] Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Regulations Respecting Limits of Liability for Spills, Authorized Discharges, Emissions and Escapes of Petroleum and Debris Emanating or Originating from Work or Activity Related to the Exploration for or Production of Oil and Gas in the Newfoundland Offshore Area Current to June 20, 2022 Last amended on February 27, 2016 ii
CONSOLIDATION CETA Rules of Origin Regulations SOR/2017-175 Current to June 20, 2022 Last amended on September 21, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on September 21, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on September 21, 2017 TABLE OF PROVISIONS CETA Rules of Origin Regulations 1 Rules of Origin *2 Coming into Force Current to June 20, 2022 Last amended on September 21, 2017 ii Registration SOR/2017-175 September 1, 2017 CUSTOMS TARIFF CETA Rules of Origin Regulations P.C. 2017-1124 August 31, 2017 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CETA Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on September 21, 2017 CETA Rules of Origin Regulations Rules of Origin 1 The following provisions of the Protocol on Rules of Origin and Origin Procedures of the Canada–European Union Comprehensive Economic and Trade Agreement have the force of law in Canada: (a) Articles 1 and 2; (b) paragraphs 1 to 3 of Article 3; (c) Articles 4 to 17; and (d) Annexes 1, 4, 5, 5-A and 7. Coming into Force 2 These Regulations come into force on the day on which section 97 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, chapter 6 of the Statutes of Canada, 2017, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force September 21, 2017, see SI/ 2017-47.] * Current to June 20, 2022 Last amended on September 21, 2017
CONSOLIDATION Coloured Bean Stabilization Regulations, 1982-83 [Repealed, SOR/2017-84, s. 1] Current to June 20, 2022 Last amended on May 5, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 5, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 5, 2017 TABLE OF PROVISIONS Regulations Respecting the Stabilization of the Price of Coloured Beans Marketed in 1982-83 Current to June 20, 2022 Last amended on May 5, 2017 ii
CONSOLIDATION Critical Habitat of the Coastrange Sculpin (Cottus aleuticus) Cultus Population Order SOR/2019-3 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Coastrange Sculpin (Cottus aleuticus) Cultus Population Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2019-3 December 19, 2018 SPECIES AT RISK ACT Critical Habitat of the Coastrange Sculpin (Cottus aleuticus) Cultus Population Order Whereas the Coastrange Sculpin (Cottus aleuticus) Cultus population is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the action plan that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Coastrange Sculpin (Cottus aleuticus) Cultus Population Order. Ottawa, December 14, 2018 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Coastrange Sculpin (Cottus aleuticus) Cultus Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Coastrange Sculpin (Cottus aleuticus) Cultus population, which is identified in the action plan for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION CCFTA Textile and Apparel Extension of Benefit Order SOR/97-344 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS CCFTA Textile and Apparel Extension of Benefit Order 1 Interpretation Extension of Benefit *4 Coming into Force SCHEDULE Exporter’s Certification of NonOriginating Textile or Apparel Goods Current to June 20, 2022 ii Registration SOR/97-344 July 5, 1997 CUSTOMS TARIFF CCFTA Textile and Apparel Extension of Benefit Order The Minister of Finance, pursuant to section 25.6a of the Customs Tariffb, hereby makes the annexed CCFTA Textile and Apparel Extension of Benefit Order. Ottawa, July 4, 1997 PAUL MARTIN Minister of Finance a S.C. 1997, c. 14, s. 51 b R.S., c. 41 (3rd Supp.) Current to June 20, 2022 CCFTA Textile and Apparel Extension of Benefit Order Interpretation 1 The definitions in this section apply in this Order. apparel means goods referred to in Chapters 61 and 62 of Schedule I to the Customs Tariff that are cut or knit to shape and are sewn or otherwise assembled in Chile from fabric or yarn produced or obtained outside the free trade area. (vêtements) fabric and made-up goods means (a) cotton or man-made fibre fabric and cotton or man-made fibre made-up textile goods referred to in Chapters 52 to 55 of Schedule I to the Customs Tariff, other than goods containing 36% or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of Schedule I to the Customs Tariff that are woven or knit in Chile from yarn produced or obtained outside the free trade area or that are knit in Chile from yarn spun in Chile from fibre produced or obtained outside the free trade area; (b) goods of subheading No. 9404.90 of Schedule I to the Customs Tariff that are finished and cut and sewn or otherwise assembled from fabrics referred to in any of subheading Nos. 5208.11 to 5208.29, 5209.11 to 5209.29, 5210.11 to 5210.29, 5211.11 to 5211.29, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 to 5513.19, 5514.11 to 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 and 5516.91 of Schedule I to the Customs Tariff that are produced or obtained outside the free trade area; or (c) wool fabric and wool made-up textile goods referred to in Chapters 51 to 55 of Schedule I to the Customs Tariff, containing 36% or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of Schedule I to the Customs Tariff that are woven or knit in Chile from yarn produced or obtained outside the free trade area or that are knit in Chile from yarn spun in Chile from fibre produced or obtained outside the free trade area. (tissus et articles confectionnés) free trade area means the area comprising Canada and Chile. (zone de libre-échange) Current to June 20, 2022 CCFTA Textile and Apparel Extension of Benefit Order Interpretation Sections 1-3 spun yarn means cotton or man-made fibre yarns referred to in any of heading Nos. 52.05 to 52.07 and 55.09 to 55.11 of Schedule I to the Customs Tariff that are spun in Chile from fibre referred to in any of heading Nos. 52.01 to 52.03 and 55.01 to 55.07 of Schedule I to the Customs Tariff that is produced or obtained outside the free trade area. (filés) Extension of Benefit 2 Subject to section 3, the benefit of the Chile Tariff is extended to apparel, fabric and made-up goods and spun yarn, imported into Canada from Chile, in an amount not exceeding the annual quantitative limits for each of those goods set out in Schedules 5.B.1, 5.B.2 and 5.B.3 to Appendix 5.1 of Annex C-00-B to Chapter C of the CanadaChile Free Trade Agreement. 3 The benefit referred to in section 2 is extended on the condition that the importer or owner provides to the officer, at the request of the officer, (a) at the time that the apparel, fabric and made-up goods or spun yarn referred to in that section are accounted for under subsection 32(1), (3) or (5) of the Customs Act or are the subject of an application for a refund under paragraph 74(1)(d) of that Act, a written declaration, in English or French, indicating that the certification referred to in paragraph (b) is in the possession of the importer or owner; and (b) at the time that the apparel, fabric and made-up goods or spun yarn referred to in that section are released, or at any other time after the importer or owner provides a declaration referred to in paragraph (a) in respect of the goods, (i) a certification of the exporter, in English, French or Spanish, containing the statement set out in, and the information requested by, the form set out in the schedule, accompanied by a copy of the applicable invoice or sales agreement, and (ii) where the certification referred to in subparagraph (i) is in Spanish, at the further request of the officer, a translation of the certification into English or French. Current to June 20, 2022 CCFTA Textile and Apparel Extension of Benefit Order Coming into Force Section 4 Coming into Force 4 This Order comes into force on the day on which section 51 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force. * * [Note: Regulations in force July 5, 1997, see SI/97-86.] Current to June 20, 2022 CCFTA Textile and Apparel Extension of Benefit Order SCHEDULE Exporter’s Certification of Non-Originating Textile or Apparel Goods SCHEDULE (Subparagraph 3(b)(i)) Exporter’s Certification of NonOriginating Textile or Apparel Goods I, the exporter of the textile or apparel goods referred to in the attached invoice or sales agreement, hereby certify that those goods comply with the requirements specified in respect of those goods in Appendix 5.1 of Annex C-00-B to Chapter C of the Canada-Chile Free Trade Agreement. NAME: TITLE: COMPANY: TELEPHONE: FAX: Signature of exporter Date Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) Order SOR/2020-26 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2020-26 February 17, 2020 SPECIES AT RISK ACT Critical Habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) Order Whereas the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, has consulted the wildlife management board in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) Order. Ottawa, February 13, 2020 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) Order La ministre des Pêc Bernadett Minister of Fishe Current to June 20, 2022 Critical Habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Paxton Lake Limnetic Threespine Stickleback (Gasterosteus aculeatus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Concentration of Phosphorus in Certain Cleaning Products Regulations SOR/89-501 Current to June 20, 2022 Last amended on April 8, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 8, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 8, 2019 TABLE OF PROVISIONS Concentration of Phosphorus in Certain Cleaning Products Regulations 1 Non-application of Section 117 of the Canadian Environmental Protection Act, 1999 Prescribed Nutrients Laundry Detergents Household Dish-washing Compounds Household Cleaners Concentration of Phosphorus Record Keeping Current to June 20, 2022 Last amended on April 8, 2019 ii Registration SOR/89-501 October 19, 1989 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Concentration of Phosphorus in Certain Cleaning Products Regulations P.C. 1989-2098 October 19, 1989 Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 50(2) of the Canadian Environmental Protection Act*, is pleased hereby to revoke the Phosphorus Concentration Control Regulations, C.R.C., c. 393, and to make the annexed Regulations respecting the concentration of phosphorus in laundry detergents, in substitution therefor. * S.C. 1988, c. 22 Current to June 20, 2022 Last amended on April 8, 2019 Concentration of Phosphorus in Certain Cleaning Products Regulations Non-application of Section 117 of the Canadian Environmental Protection Act, 1999 1 Section 117 of the Canadian Environmental Protection Act, 1999 does not apply to a cleaning product that is in transit through Canada, from a place outside Canada to another place outside Canada. SOR/2019-90, s. 1. Prescribed Nutrients 2 For the purpose of paragraph 118(1)(a) of the Canadian Environmental Protection Act, 1999, phosphorus and its compounds thereof are nutrients. SOR/2000-106, s. 1. Laundry Detergents 3 The concentration of phosphorus in any household laundry detergent must not exceed 1.1% by weight expressed as phosphorus pentoxide or 0.5% by weight expressed as elemental phosphorus. SOR/2009-178, s. 3. 4 The concentration of phosphorus in any commercial or industrial laundry detergent must not exceed 5% by weight expressed as phosphorus pentoxide or 2.2% by weight expressed as elemental phosphorus. SOR/2009-178, s. 3. Household Dish-washing Compounds 5 The concentration of phosphorus in any household dish-washing compound must not exceed 1.1% by weight expressed as phosphorus pentoxide or 0.5% by weight expressed as elemental phosphorus. SOR/2009-178, s. 3. Current to June 20, 2022 Last amended on April 8, 2019 Concentration of Phosphorus in Certain Cleaning Products Regulations Household Cleaners Sections 6-8 Household Cleaners 6 The concentration of phosphorus in any household cleaner, other than a laundry detergent, dish-washing compound, metal cleaner or de-greasing compound, must not exceed 1.1% by weight expressed as phosphorus pentoxide or 0.5% by weight expressed as elemental phosphorus. SOR/2009-178, s. 3. Concentration of Phosphorus 7 Any analysis performed to determine the concentration of phosphorus for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis: (a) it is accredited (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or (ii) under the Environment Quality Act, CQLR, c. Q-2; and (b) the scope of its accreditation includes the analysis performed to determine the concentration of phosphorus. SOR/2009-178, s. 3; SOR/2019-90, s. 2. Record Keeping 8 (1) Every person who, during any year, manufactures for use or sale in Canada or imports any laundry detergent, household dish-washing compound or household cleaner within the meaning of section 6 containing phosphorus must maintain records containing the following: (a) respecting the manufacture for use or sale (i) the brand name of each laundry detergent, household dish-washing compound or household cleaner containing phosphorus, (ii) the name and civic address of the principal place of business of the manufacturer, Current to June 20, 2022 Last amended on April 8, 2019 Concentration of Phosphorus in Certain Cleaning Products Regulations Record Keeping Section 8 (iii) the quantity of each of the cleaning products shipped from each manufacturing plant; and (iv) the name and civic address of the recipient of each cleaning product that was shipped or sold; (b) respecting the import (i) the brand name of each laundry detergent, household dish-washing compound or household cleaner containing phosphorus, (ii) the name and civic address of the principal place of business of the importer, (iii) the port of entry where each cleaning product is imported, (iv) the name and civic address of the sender of each cleaning product, (v) the date of import, (vi) the Harmonized Commodity Description and Coding System number for the cleaning product that is imported, and (vii) the importer number for the shipment of the cleaning product that is imported. (2) The records must be kept for a period of five years after the day on which the records are made, at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are kept at any place other than the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept. SOR/2009-178, s. 3. Current to June 20, 2022 Last amended on April 8, 2019
CONSOLIDATION Certain Unauthorized Reimbursements Made Under the Public Service Health Care Plan Remission Order SI/2021-59 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Certain Unauthorized Reimbursements Made Under the Public Service Health Care Plan Remission Order Definition of Plan Remission Current to June 20, 2022 ii Registration SI/2021-59 September 1, 2021 FINANCIAL ADMINISTRATION ACT Certain Unauthorized Reimbursements Made Under the Public Service Health Care Plan Remission Order P.C. 2021-885 August 11, 2021 Her Excellency the Governor General in Council, considering that the collection of certain amounts is unreasonable and unjust, on the recommendation of the Treasury Board and the President of the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Actb, makes the annexed Certain Unauthorized Reimbursements Made Under the Public Service Health Care Plan Remission Order. a S.C. 1991, c. 24, s. 7(2) b R.S., c. F-11 Current to June 20, 2022 Certain Unauthorized Reimbursements Made Under the Public Service Health Care Plan Remission Order Definition of Plan 1 In this Order, Plan means the Public Service Health Care Plan. Remission 2 (1) Remission is granted to persons described in subsection (2) of amounts equal to the reimbursements the persons received for eligible expenses, as described in the Public Service Health Care Plan Directive, under the terms of the Plan during the relevant period, less amounts the persons paid as contributions in accordance with the terms of the Plan during the relevant period. Persons to whom remission is granted (2) For the purpose of subsection (1), a person is granted remission if they were enrolled in error in the Plan when they were not eligible to join the Plan and (a) they were employed by the Freshwater Fish Marketing Corporation or by the Canadian Wheat Board and, under the Public Service Superannuation Act, are in receipt of an immediate annuity or an annual allowance or were in receipt of such an annuity or allowance immediately before their death; or (b) they would have been eligible to be a dependant of a former employee of the Freshwater Fish Marketing Corporation or of the Canadian Wheat Board if that former employee had been eligible to be a member of the Plan and, under the Public Service Superannuation Act, they are in receipt of a survivor’s benefit. Relevant period (3) For the purpose of subsection (1), the relevant period is the period that begins on the day that a person described in subsection (2) was enrolled in error in the Plan and ends on the earlier of the day that this Order is made and the day that the person died. Current to June 20, 2022
CONSOLIDATION Candles Regulations SOR/2016-165 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Candles Regulations Requirement 1 Spontaneous reignition Repeal Coming into Force 3 Registration Current to June 20, 2022 ii Registration SOR/2016-165 June 22, 2016 CANADA CONSUMER PRODUCT SAFETY ACT Candles Regulations P.C. 2016-592 June 21, 2016 His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety Acta, makes the annexed Candles Regulations. a S.C. 2010, c. 21 Current to June 20, 2022 Candles Regulations Requirement Spontaneous reignition 1 A candle must not reignite spontaneously after it is extinguished. Repeal 2 [Repeal] Coming into Force Registration 3 These Regulations come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION Commissioner’s Standing Orders (Grievances and Appeals) SOR/2014-289 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Commissioner’s Standing Orders (Grievances and Appeals) Interpretation 1 Definitions PART 1 Grievances Interpretation 2 Definitions Initial level Standardized test Access to Information 5 Limitations under subsection 31(4) of Act Panel for Grievances 6 Initial level panel Presentation of Grievance 7 Initial level grievance Request to not forward Informal Resolution 9 Informal resolution Adjudicator 10 Adjudicator’s powers Conduct of grievance Case conference Procedure 13 Submissions Withdrawal of grievance Evidence Decision 16 Decision at initial level Rescission or amendment of decision Decision at final level Opportunity to make submissions Return of evidence Current to June 20, 2022 ii Commissioner’s Standing Orders (Grievances and Appeals) TABLE OF PROVISIONS PART 2 Appeals (Part IV of the Act) Interpretation 21 Definitions Presentation of Appeal 22 Statement of appeal Requests under subsection 45.15(3) of Act Obligation to file material Supporting documents Service of documents Response to submissions — appeal of conduct authority decision Response to submissions — appeal of conduct board decision Commissioner 29 Commissioner’s powers Conduct of appeal Withdrawal of appeal Evidence Decision 33 Decision of Commissioner Service of decision Opportunity to make submissions PART 3 Appeals (Other than Part IV of the Act) Interpretation and Application 36 Definitions Application Presentation of Appeal 38 Statement of appeal Obligation to file material Supporting documents Service of documents Informal Resolution 42 Informal resolution Adjudicator 43 Adjudicator’s powers Current to June 20, 2022 iv Commissioner’s Standing Orders (Grievances and Appeals) TABLE OF PROVISIONS Conduct of appeal Procedure 45 Withdrawal of appeal Evidence Decision 47 Adjudicator’s decision Rescission or amendment of decision Return of evidence Reference to Committee 50 Request not to refer PART 4 Coming into Force 51 Registration Current to June 20, 2022 v Registration SOR/2014-289 November 28, 2014 ROYAL CANADIAN MOUNTED POLICE ACT Commissioner’s Standing Orders (Grievances and Appeals) The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(h)a and (m)a, sections 36b and 39.1c and subsection 47.1(3)d of the Royal Canadian Mounted Police Acte, makes the annexed Commissioner’s Standing Orders (Grievances and Appeals). Ottawa, November 28, 2014 BOB PAULSON Commissioner of the Royal Canadian Mounted Police a S.C. 2013, c. 18, s. 14(2) b S.C. 2013, c. 18, s. 24 c S.C. 2013, c. 18, s. 29 d S.C. 2013, c. 18, s. 37 e R.S., c. R-10 Current to June 20, 2022 Commissioner’s Standing (Grievances and Appeals) Orders Interpretation Definitions 1 The following definitions apply in these Standing Orders. Act means the Royal Canadian Mounted Police Act. (Loi) document has the same meaning as in section 40.1 of the Act. (document) informal resolution process means a process used by the parties to resolve a dispute informally and includes the informal conflict management system established under section 30.2 of the Act. (processus de règlement informel) OCGA means the office responsible for the coordination of administrative matters relating to grievances and appeals in the Force. (BCGA) Regulations means the Royal Canadian Mounted Police Regulations, 2014. (Règlement) PART 1 Grievances Interpretation Definitions 2 The following definitions apply in this Part. adjudicator means a person constituting the initial level or the final level. (arbitre) final level means the final level in the grievance process. (dernier niveau) grievance means a grievance presented under section 31 of the Act. (grief) grievor means a member who presents a grievance. (plaignant) Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Interpretation Sections 2-5 initial level means the initial level in the grievance process. (premier niveau) parties means the grievor and the respondent. (parties) respondent means (a) in the case of a grievance that has not been consolidated with any other grievance, the person who made the decision, did the act or made the omission that is the subject of the grievance or, if that person is absent or unable to act, the person who replaces them or, in the absence of a replacement, the person designated by the adjudicator who is considering the grievance; or (b) in the case of a grievance that has been consolidated with another grievance, the person designated under paragraph 10(c) or (d). (intimé) Initial level 3 (1) The persons who constitute the initial level are the persons who perform the functions of a level 1 in the Force. Initial level — three persons (2) For the purpose of subsection 6(1), all combinations of any three persons who perform the functions of a level 1 in the Force constitute the initial level. Standardized test 4 For the purpose of subsection 31(4.2) of the Act, a standardized test is a test that is used by the Force to assess an individual’s behaviour, knowledge and experience in order to evaluate job-relevant competencies, and includes the marking scheme, the answer key and any materials prepared for the purpose of developing the test. The content of the test must be equivalent for all test-takers, be administered according to standard instructions and procedures and be scored according to a set protocol. Access to Information Limitations under subsection 31(4) of Act 5 For the purpose of the limitations referred to in subsection 31(4) of the Act, a member is not entitled to be granted access to written or documentary information (a) the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or to the detection, prevention or suppression of Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Access to Information Sections 5-6 subversive or hostile activities, as defined in that subsection; (b) the disclosure of which could reasonably be expected to be injurious to law enforcement; (c) the disclosure of which is contrary to a provision of any contract entered into by the Crown; (d) about a person’s financial or personal affairs if the person’s interest or security outweighs the member’s interest in the information; or (e) the disclosure of which is prohibited by law. Panel for Grievances Initial level panel 6 (1) The Commissioner may designate a person to select any three-person combination described in subsection 3(2) as a panel. Panel selection (2) The designated person may select the panel for the purpose of hearing a grievance in the following circumstances: (a) the decision, act or omission giving rise to the grievance is likely to be the subject of numerous grievances; (b) the relevant law or the relevant Treasury Board or Force policy is vague or ambiguous; or (c) the relevant law is contradictory, or the relevant Treasury Board or Force policy is contradictory or internally inconsistent. Chairperson (3) The designated person must designate one of the three persons to be the chairperson of the panel. The chairperson is responsible for its day-to-day management, including the management of communications between the panel and the OCGA and the panel and the parties. Panel decision (4) Matters before a panel are decided by a majority of the members of the panel. The chairperson has a second vote in the case of a tie. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Presentation of Grievance Section 7 Presentation of Grievance Initial level grievance 7 (1) A grievor presents a grievance at the initial level by filing a grievance form with the OCGA or the grievor’s supervisor that includes the following information: (a) the grievor’s name and employee number; (b) particulars concerning the decision, act or omission that is the subject of the grievance and the name of the person the grievor believes made the decision, did the act or made the omission; (c) the date on which the grievor knew of the decision, act or omission; (d) a concise statement of the grounds on which the grievance is based; (e) particulars concerning the prejudice the grievor claims to have suffered as a result of the decision, act or omission; and (f) particulars concerning the redress requested. Final level grievance (2) A grievor presents a grievance at the final level by filing with the OCGA or the grievor’s supervisor (a) a grievance form that includes the following information: (i) the reasons why the grievor is presenting the grievance at the final level and, in particular, the reasons why the decision rendered by the adjudicator at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable, and (ii) particulars concerning the redress requested; and (b) a copy of the decision rendered by the adjudicator at the initial level as to the disposition of the grievance. Transmission of grievance (3) A supervisor presented with a grievance form must forward it, together with any request submitted under subsection 8(1), to the OCGA as soon as feasible. Transmission of copy of grievance (4) The OCGA must forward a copy of any grievance form that it receives to the respondent and to the person Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Presentation of Grievance Sections 7-9 who holds the first position of officer or its equivalent in the respondent’s chain of command, or to the person named in the decision rendered under subsection 8(3). Request to not forward 8 (1) A grievor who wishes to object to a copy of the grievance form referred to in subsection 7(1) being forwarded to the person who holds the first position of officer or its equivalent in the respondent’s chain of command must, when they present their grievance, submit to the OCGA a written request not to forward it that includes supporting reasons. Transmission of request (2) The OCGA must forward the request and a copy of the grievance form to the adjudicator who is considering the grievance. Decision on request (3) The adjudicator must render a decision on the request, including reasons for the decision, as soon as feasible, and send the decision to the OCGA. If the adjudicator allows the request, they must name in the decision an appropriate person for the purpose of receiving a copy of the grievance form. Service of decision (4) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties. Informal Resolution Informal resolution 9 (1) As soon as feasible after receiving a copy of a grievance form, the respondent must contact the grievor to discuss an informal resolution of the grievance. Refusal to discuss grievance (2) If the grievor refuses to discuss the grievance, or any aspect of it, with a view to resolving it informally, the respondent must provide written notice of that fact to the OCGA and cause a copy of it to be served on the grievor. Continuing resolution (3) The parties may, until the adjudicator disposes of the grievance in writing, continue to attempt to resolve the matters in dispute by way of an informal resolution process. Agreements for informal resolution (4) On request by a party, the adjudicator who is considering a grievance may Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Informal Resolution Sections 9-10 (a) review a proposed agreement for the informal resolution of the grievance; (b) approve an agreement by the parties for the informal resolution of the grievance; and (c) resolve any issues or concerns relating to the implementation of the agreement. Communications confidential and without prejudice (5) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is (a) agreed to by the parties; (b) required by law; (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or (d) required to protect the health or safety of any person. Adjudicator Adjudicator’s powers 10 An adjudicator, when considering a grievance, has the power to decide all matters related to the grievance, including the power (a) to dismiss it if it is moot, frivolous, vexatious or an abuse of process, or has already been adjudicated; (b) to render a single decision in respect of the grievance and any other substantially similar grievance that is being considered by the adjudicator; (c) to consolidate the grievance of a grievor with the grievance of any other grievor that is being considered by the adjudicator, with the consent of the grievors, and to designate the respondent for the consolidated grievance; (d) to consolidate the grievance with any other grievance of the grievor that is being considered by the adjudicator and to designate the respondent for the consolidated grievance; (e) to sever the grievance into two or more distinct grievances; and (f) to decide whether any written or documentary information to which the grievor has requested access is Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Adjudicator Sections 10-13 a standardized test or the information referred to in section 5. Conduct of grievance 11 (1) An adjudicator must render their decision in respect of a grievance or any matter arising in the context of the grievance as informally and expeditiously as the principles of procedural fairness permit. Matters not provided for (2) If any matter arises in the context of a grievance that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate. Power to remedy — non-compliance (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part. Case conference 12 (1) An adjudicator who is considering a grievance or any matter arising in the context of a grievance may, on their own initiative or at the request of a party, hold a case conference to discuss the grievance or matter. Communications confidential and without prejudice (2) Any communications that pass among persons as a part of a case conference are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is (a) agreed to by the parties; (b) required by law; (c) required for the purpose of reaching or implementing an agreement made as a part of the conference; or (d) required to protect the health or safety of any person. Adjudicator not barred (3) An adjudicator who holds a case conference is not prevented from exercising any of their other powers. Procedure Submissions 13 (1) The parties may make submissions on any matter in dispute in respect of the grievance. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Procedure Sections 13-16 Types of submissions (2) An adjudicator who is considering the grievance or any matter arising in the context of the grievance is responsible for deciding how and when the submissions may be made. Decision in absence of submissions (3) The adjudicator may render a decision on a matter in dispute in respect of the grievance in the absence of submissions from one or both of the parties if reasonable notice has been provided to them as to how and when submissions may be made in respect of the matter. Withdrawal of grievance 14 A grievor may withdraw their grievance by written notice to the OCGA before it is disposed of in writing. Evidence 15 An adjudicator, when considering a grievance or any matter arising in the context of a grievance, may accept any evidence submitted by a party. Decision Decision at initial level 16 (1) An adjudicator may dispose of a grievance at the initial level by rendering a decision (a) dismissing the grievance and confirming the decision, act or omission that is the subject of the grievance; or (b) allowing the grievance and (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, or (ii) directing any appropriate redress. Considerations (2) An adjudicator, when rendering the decision, must consider whether the decision, act or omission that is the subject of the grievance is consistent with the relevant law, or the relevant Treasury Board or Force policy and, if it is not, whether it has caused a prejudice to the grievor. Non-compliance with direction (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Decision Sections 16-18 grievance against the interests of a party that has failed to comply with any of their directions. Rescission or amendment of decision 17 (1) An adjudicator who has rendered a decision that disposes of a grievance at the initial level may (a) amend the decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or (b) if the grievance has not been presented at the final level, rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision. Adjudicator’s powers (2) For the purposes of paragraph (1)(b), the adjudicator has the powers set out in section 10. Opportunity to make submissions (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions. Service (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties. Decision at final level 18 (1) An adjudicator may dispose of a grievance at the final level by rendering a decision (a) dismissing the grievance and confirming the decision rendered at the initial level; or (b) allowing the grievance and (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, (ii) remitting the matter, with directions for rendering a new decision to the adjudicator at the initial level or to another adjudicator, or (iii) directing any appropriate redress. Considerations (2) An adjudicator, when rendering the decision, must consider whether the decision at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 1 Grievances Decision Sections 18-21 Non-compliance with direction (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions. Opportunity to make submissions 19 (1) The adjudicator at the final level must, before rescinding or amending a decision under subsection 32(3) of the Act, give the parties an opportunity to make submissions. Service (2) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties. Return of evidence 20 After the disposition of a grievance, the OCGA must cause to be returned to a party anything that the party tendered as evidence. PART 2 Appeals (Part IV of the Act) Interpretation Definitions 21 The following definitions apply in this Part. appeal means an appeal made under section 45.11 of the Act. (appel) appellant means the member or conduct authority who makes the appeal. (appelant) parties means the appellant and the respondent. (parties) respondent means (a) in the case of an appeal of a conduct board’s decision, (i) if the appellant is the member who is the subject of the conduct board’s decision, the conduct authority who initiated the hearing by the conduct board or, if that conduct authority is absent or unable to act, the conduct authority who replaces them, or Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 2 Appeals (Part IV of the Act) Interpretation Sections 21-24 (ii) if the appellant is the conduct authority who initiated the hearing by the conduct board, the member who is the subject of the conduct board’s decision; (b) in the case of an appeal of a conduct authority’s decision, the conduct authority or, if that conduct authority is absent or unable to act, the conduct authority who replaces them; or (c) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 29(c) or (d). (intimé) Presentation of Appeal Statement of appeal 22 An appeal to the Commissioner must be made by filing a statement of appeal with the OCGA within 14 days after the day on which copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information: (a) the appellant’s name and, if any, their employee number; (b) a concise statement of the grounds on which the appeal is based; and (c) the particulars concerning the redress requested. Requests under subsection 45.15(3) of Act 23 (1) Any request made by a member to the Commissioner not to refer a case to the Committee under subsection 45.15(3) of the Act must be filed in writing, with supporting reasons, with the OCGA within 14 days after the day on which (a) the member is served with a copy of the decision giving rise to the appeal, if the member is the appellant; or (b) the member is served with a copy of the statement of appeal, if the member is the respondent. Service of decision (2) The Commissioner must cause a copy of his or her decision to be served on the member. Obligation to file material 24 In the case of an appeal by a member of a decision rendered by a conduct authority, the respondent must, as soon as feasible after being served with the statement of Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 2 Appeals (Part IV of the Act) Presentation of Appeal Sections 24-29 appeal, file with the OCGA the material that was before the conduct authority when the decision was rendered. Supporting documents 25 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal. Restriction (2) The appellant is not entitled to (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered. Service of documents 26 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party. Response to submissions — appeal of conduct authority decision 27 In the case of an appeal of a decision rendered by a conduct authority, the respondent may file with the OCGA, if the respondent is permitted to do so by the Commissioner due to exceptional circumstances, a written response to the appellant’s submissions and the appellant may file with the OCGA a written reply to that response. Response to submissions — appeal of conduct board decision 28 In the case of an appeal of a decision rendered by a conduct board, the respondent may file with the OCGA a written response to the appellant’s submissions and the appellant may file with the OCGA a written rebuttal to that response. Commissioner Commissioner’s powers 29 The Commissioner, when considering an appeal, has the power to decide all matters related to the appeal, including the power (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the Commissioner; Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 2 Appeals (Part IV of the Act) Commissioner Sections 29-33 (b) to consolidate the appeal with any other appeal of the same decision; (c) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the Commissioner, with the consent of the appellants, and to designate the respondent for the consolidated appeal; (d) to consolidate the appeal with any other appeal of the appellant that is being considered by the Commissioner and to designate the respondent for the consolidated appeal; and (e) to extend the time limit referred to in section 22 and subsection 23(1) in exceptional circumstances. Conduct of appeal 30 (1) The Commissioner must render his or her decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit. Matters not provided for (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the Commissioner may give any direction that is appropriate. Power to remedy — non-compliance (3) The Commissioner may remedy any failure by any party to comply with any provision of this Part. Withdrawal of appeal 31 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing. Evidence 32 The Commissioner, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party. Decision Decision of Commissioner 33 (1) The Commissioner, when rendering a decision as to the disposition of the appeal, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 2 Appeals (Part IV of the Act) Decision Sections 33-36 Non-compliance with direction (2) Despite subsection (1), the Commissioner may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of his or her directions. Service of decision 34 The Commissioner must cause a copy of the decision referred to in subsection 45.16(7) of the Act to be served on the parties. Opportunity to make submissions 35 (1) Before rescinding or amending a decision under subsection 45.16(10) of the Act, the Commissioner must give the parties an opportunity to make submissions. Service (2) If the Commissioner rescinds or amends the decision, he or she must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties. PART 3 Appeals (Other than Part IV of the Act) Interpretation and Application Definitions 36 The following definitions apply in this Part. adjudicator means a person designated as an adjudicator by the Commissioner. (arbitre) appeal means an appeal referred to in section 37. (appel) appellant means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force. (appelant) parties means the appellant and the respondent. (parties) respondent means (a) in the case of an appeal that has not been consolidated with any other appeal, the person who rendered the written decision that is the subject of the appeal Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 3 Appeals (Other than Part IV of the Act) Interpretation and Application Sections 36-38 or, if that person is absent or unable to act, the person who replaces them; or (b) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 43(b) or (c). (intimé) Application 37 This Part provides the process for appeals (a) by a complainant of a written decision referred to in subsection 6(1) and paragraph 6(2)(b) of the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints); (b) of the written decision referred to in subsection 9(2) of the Commissioner’s Standing Orders (General Administration); (c) of the written decisions referred to in subsection 20(1) of the Commissioner’s Standing Orders (Employment Requirements); (d) of the directive referred to in subsection 20(2) of the Commissioner’s Standing Orders (Employment Requirements); and (e) of the written decisions referred to in subsection 32(1) of the Commissioner’s Standing Orders (Conduct). Presentation of Appeal Statement of appeal 38 For the purpose of the provisions referred to in section 37, an appeal must be made by filing a statement of appeal with the OCGA within 14 days after the day on which a copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information: (a) the appellant’s name and employee number; (b) a concise statement of the reasons why the appellant is of the opinion that the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable; and (c) particulars concerning the redress requested. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 3 Appeals (Other than Part IV of the Act) Presentation of Appeal Sections 39-42 Obligation to file material 39 The respondent must, as soon as feasible after being served with the statement of appeal, file with the OCGA the material that was before the person who rendered the written decision that is the subject of the appeal when that decision was rendered. Supporting documents 40 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal. Restriction (2) The appellant is not entitled to (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered. Service of documents 41 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party. Informal Resolution Informal resolution 42 (1) The parties may, until the adjudicator disposes of an appeal in writing, attempt to resolve the matters in dispute by way of an informal resolution process. Agreements for informal resolution (2) On request by a party, the adjudicator who is considering an appeal may (a) review a proposed agreement for the informal resolution of the appeal; (b) approve an agreement by the parties for the informal resolution of the appeal; and (c) resolve any issues or concerns relating to the implementation of the agreement. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 3 Appeals (Other than Part IV of the Act) Informal Resolution Sections 42-44 Communications confidential and without prejudice (3) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is (a) agreed to by the parties; (b) required by law; (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or (d) required to protect the health or safety of any person. Adjudicator Adjudicator’s powers 43 An adjudicator, when considering an appeal, has the power to decide all matters related to the appeal, including the power (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the adjudicator; (b) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the adjudicator, with the consent of the appellants, and to designate the respondent for the consolidated appeal; (c) to consolidate the appeal with any other appeal of the appellant that is being considered by the adjudicator and to designate the respondent for the consolidated appeal; and (d) to extend the time limit referred to in section 38 in exceptional circumstances. Conduct of appeal 44 (1) An adjudicator must render their decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit. Matters not provided for (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 3 Appeals (Other than Part IV of the Act) Adjudicator Sections 44-47 Power to remedy — non-compliance (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part. Procedure Withdrawal of appeal 45 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing. Evidence 46 The adjudicator, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party. Decision Adjudicator’s decision 47 (1) An adjudicator may dispose of an appeal by rendering a decision (a) dismissing the appeal and confirming the decision being appealed; or (b) allowing the appeal and (i) remitting the matter, with directions for rendering a new decision to the decision maker who rendered the decision being appealed or to another decision maker, or (ii) directing any appropriate redress. Decision in writing (2) An adjudicator considering an appeal must, as soon as feasible, render a decision in writing that disposes of the appeal and includes reasons for the decision. The decision is final and binding. Considerations (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. Non-compliance with direction (4) Despite subsection (3), the adjudicator may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of their directions. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 3 Appeals (Other than Part IV of the Act) Decision Sections 47-48 Decision rendered in absence of Committee recommendations (5) If an appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator may render a decision on the appeal in the absence of any findings or recommendations made by the Committee if the Committee Chairperson indicates to the OCGA that the Committee will not be making any or if the Committee does not make any within a reasonable time. Adjudicator not bound (6) The adjudicator is not bound to act on any findings or recommendations made by the Committee but, if the adjudicator does not so act, the adjudicator must include in the decision on the appeal the reasons for not so acting. Service of decision on parties (7) The adjudicator must cause a copy of the decision to be served on the parties. Service of decision on Committee (8) If the appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator must cause a copy of the decision to be served on the Committee Chairperson. Rescission or amendment of decision 48 (1) An adjudicator may (a) amend their decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or (b) rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision. Adjudicator’s powers (2) For the purpose of paragraph (1)(b), the adjudicator has the powers set out in section 43 and subsection 47(1). Opportunity to make submissions (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions. Service (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 3 Appeals (Other than Part IV of the Act) Decision Sections 48-50 and, if the appeal has been referred to the Committee under section 17 of the Regulations, on the Committee Chairperson. Return of evidence 49 After the disposition of an appeal, the OCGA must cause to be returned to a party anything that the party tendered as evidence. Reference to Committee Request not to refer 50 (1) An appellant requesting that their appeal not be referred to the Committee under section 17 of the Regulations must, when they make their appeal, submit to the OCGA a written request that includes supporting reasons. Transmission of request (2) The OCGA must forward the request and a copy of the statement of appeal to the adjudicator who is considering the appeal. Adjudicator’s decision (3) The adjudicator may allow the request or, if the adjudicator considers that a reference to the Committee is appropriate, reject it. Transmission of decision (4) The adjudicator must render a decision in writing on the request, including reasons for the decision, as soon as feasible, and send a copy of the decision to the OCGA. Service of decision (5) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties. Material to be provided to Committee (6) If the adjudicator refers an appeal to the Committee in accordance with section 17 of the Regulations, the OCGA must provide the Committee Chairperson with (a) in the case of an appeal of a decision referred to in paragraph 17(a) of the Regulations, the material that was before the decision maker when the decision was rendered; and (b) in the case of an appeal of a decision referred to in any of paragraphs 17(b) to (e) of the Regulations, the material that was before the Commissioner when the decision was rendered. Current to June 20, 2022 Commissioner’s Standing Orders (Grievances and Appeals) PART 4 Coming into Force Section 51 PART 4 Coming into Force Registration 51 These Standing Orders come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION Canadian International Trade Tribunal Rules SOR/91-499 Current to June 20, 2022 Last amended on April 26, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 26, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 26, 2018 TABLE OF PROVISIONS Rules Governing the Proceedings, Practice and Procedures of the Canadian International Trade Tribunal 1 Short Title Definitions Interpretation PART I Rules of General Application 4 Application Directions on Procedure Dispensing with or Varying Procedure 6.1 Combining of Proceedings Defect in Form and Irregularity Extending or Abridging Time Limits Computation of Time Participation Counsel of Record Filing of Documents 12.01 Statement Under Oath 12.1 Official and Other Languages Service of Documents 13.1 Means of Transmission 13.2 Certified Copy Treatment of Certain Confidential Information Current to June 20, 2022 Last amended on April 26, 2018 ii Canadian International Trade Tribunal Rules TABLE OF PROVISIONS Submission of Confidential Information Disclosure of Information to Counsel or to Expert Filing and Communication of Confidential Information Pre-hearing Conference Availability of Information Subpoenas 20.1 Questionnaires and Requests for Information Witnesses 21.1 Affidavits Experts Hearings 23.1 Requests for Decision or Order Motions 24.1 Late Filing Type of Hearing 25.1 Hearing by Way of Written Submissions Postponements and Adjournments of Hearings Communication of Information Decisions, Orders or Findings of the Tribunal Failure to Comply PART II Procedure for Appeals 30 Application Commencement of Appeal Current to June 20, 2022 Last amended on April 26, 2018 iv Canadian International Trade Tribunal Rules TABLE OF PROVISIONS Sending of Acknowledgement of Receipt and Notice of Appeal Brief Response Written Submissions and Documentary Evidence Time for Hearing Notice of Hearing Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act 40.1 Contents of a Request To Intervene Intervener Added Discontinuance Failure to Appear PART III References Under Subsection 33(2) of the Special Import Measures Act 48 Application Notice of Reference Sending of Notice to the President Information to be Filed by the President Advice 52.1 PART III.1 Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act 52.1 Application 52.2 Notice of Commencement of Preliminary Inquiry Current to June 20, 2022 Last amended on April 26, 2018 v Canadian International Trade Tribunal Rules TABLE OF PROVISIONS 52.3 Sending of a Notice of Commencement of Preliminary Inquiry 52.4 Information to be Filed by the President PART IV Inquiries Under Section 42 of the Special Import Measures Act 53 Application Notice of Commencement of Inquiry Sending of a Notice of Commencement of Inquiry Information to be Filed by the President — Preliminary Determination Information to be Filed by the President — Final Determination Information to be Provided by the Tribunal Availability of Information Written Submissions and Documentary Evidence Information to be Provided by Parties 61.1 Request for Information 61.2 Notice of Matters Arising Information To Be Filed by Tribunal — Advice Under Section 46 of Special Import Measures Act PART V Recommencement of Inquiry Under Section 44 of the Special Import Measures Act 64 Application Notice of Recommencement of Inquiry Sending of Notice Current to June 20, 2022 Last amended on April 26, 2018 v Canadian International Trade Tribunal Rules TABLE OF PROVISIONS Written Submission Application of Part IV 68.1 PART V.1 Public Interest Inquiry Under Section 45 of the Special Import Measures Act 68.1 Notice of Commencement of Inquiry 68.2 Information to be Provided by the Tribunal 68.3 Written Submissions and Documentary Evidence 68.4 Additional Information to be Provided by Parties or Interested Persons 68.5 PART V.2 Anti-Circumvention Investigations 69 PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act 69 Application Review under Section 76.01 or 76.02 of the Special Import Measures Act 73.1 Review under Section 76.03 of the Special Import Measures Act 73.5 Review under Section 76.1 of the Special Import Measures Act 73.7 Application of Certain Rules PART VII Rulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act Current to June 20, 2022 Last amended on April 26, 2018 vi Canadian International Trade Tribunal Rules TABLE OF PROVISIONS Application Notice of Request by President Notice of Request for a Ruling Request for Reconsideration Notice of Reconsideration Sending of Notice Forwarding of Notice of Action Taken and Reasons Application of Certain Rules PART VIII Complaints by Domestic Producers 82 Application Additional Information Accompanying a Written Complaint PART IX References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act 84 Application Notice of Inquiry Sending of Notice Hearing to be Held Application of Certain Rules PART X References Under Section 19 and Reviews Under Section 19.02 of the Act 89 Application Complaints by Producers Current to June 20, 2022 Last amended on April 26, 2018 vi Canadian International Trade Tribunal Rules TABLE OF PROVISIONS Notice of Expiration Application of Certain Rules 92.1 Notice of Review Under Section 19.02 of the Act 92.2 Sending of Notice of Mid-term Review 92.3 Disposal of Mid-term Review 92.4 Application of Certain Rules PART XI Inquiries into Procurement Complaints by Potential Suppliers 93 Definition Application Computation of Time Day of Filing of Complaints Sending of Complaint Notice of Decision Not To Inquire Exchange of Information Government Institution Report Comments on Government Institution Report 104.1 Extension of Time Limits Hearing of Complaints Express Option PART XII Extension Inquiries Under Section 30.07 of the Act 109 Application Notice of Expiry Request for Extension Current to June 20, 2022 Last amended on April 26, 2018 ix Canadian International Trade Tribunal Rules TABLE OF PROVISIONS Application of Certain Rules SCHEDULE Current to June 20, 2022 Last amended on April 26, 2018 x Registration SOR/91-499 August 14, 1991 CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT Canadian International Trade Tribunal Rules P.C. 1991-1446 August 13, 1991 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 39(1)* of the Canadian International Trade Tribunal Act**, is pleased hereby to approve (a) the revocation by the Canadian International Trade Tribunal of the Canadian Import Tribunal Rules, approved by Order in Council P.C. 1985-3312 of November 7, 1985***; and (b) the making by the Canadian International Trade Tribunal, after consultation with the Minister of Finance, of the annexed Rules governing the proceedings, practice and procedures of the Canadian International Trade Tribunal, in substitution therefor. * S.C. 1988, c. 65, s. 59 (E) ** R.S., c. 47 (4th Supp.) *** SOR/85-1068, 1985 Canada Gazette Part II, p. 4652 Current to June 20, 2022 Last amended on April 26, 2018 Rules Governing the Proceedings, Practice and Procedures of the Canadian International Trade Tribunal Short Title 1 These Rules may be cited as the Canadian International Trade Tribunal Rules. Definitions 2 In these Rules, Act means the Canadian International Trade Tribunal Act; (Loi) address includes an address for electronic transmission; (adresse) Agency [Repealed, SOR/2018-87, s. 1] appeal means an appeal referred to in paragraph 30(a); (appel) appellant means a person who files a notice of appeal pursuant to rule 31; (appelant) Commissioner [Repealed, SOR/2018-87, s. 1] counsel includes any person who acts in a proceeding on behalf of a party; (avocat) counsel of record means the counsel of record for a party as determined in accordance with rule 11; (avocat inscrit au dossier) Deputy Minister [Repealed, SOR/2000-139, s. 1] document means a submission, affidavit or any other documentary material, regardless of physical form or medium, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any copy, in whole or in part, of that material; (document) electronic hearing means a hearing held by telephone or video conference, or by any other electronic means by which parties can communicate with each other and the Tribunal orally; (audience électronique) Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules Definitions Section 2 electronic transmission includes communication by fax, by email or by means of the Tribunal website (e-filing); (transmission électronique) fax [Repealed, SOR/2000-139, s. 1] Form [Repealed, SOR/2000-139, s. 1] hearing by way of written submissions means a hearing held by the exchange of documents; (audience sur pièces) interested party, in relation to an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, means (a) the complainant, if any, under section 31 of that Act in the investigation in which the preliminary determination referred to in section 42 of that Act was made, (b) any domestic producer, exporter to Canada or importer into Canada of goods in respect of which the preliminary determination was made, (c) an association of, or that includes, domestic producers, exporters to Canada or importers into Canada of goods in respect of which the preliminary determination was made, (d) the government of any country mentioned in the preliminary determination, (d.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods or an association that includes such trade unions; and (e) any other person who, because their rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal before the Tribunal disposes of the inquiry or the review, as the case may be, in accordance with that Act; (partie intéressée) intervener means a person who (a) has filed a request to intervene and has been added as an intervener under rule 41, or (b) is an interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint under section 30.17 of the Act; (intervenant) Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules Definitions Section 2 other interested party has the same meaning as in section 3 of the Canadian International Trade Tribunal Regulations; (autres intéressés) party means (a) in the case of an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, an interested party who has filed a notice of participation in the inquiry or review, as the case may be, in accordance with these Rules, (b) in the case of a proceeding under section 89 or paragraph 91(1)(g) of the Special Import Measures Act, a person to whom notice has been sent under subrule 76(2) or rule 79, if the person has (i) filed a notice of participation in accordance with these Rules, or (ii) if no hearing is to be held in the proceeding, made a written submission to the Tribunal, (c) in the case of an appeal, the appellant, the respondent or an intervener, (d) in the case of a complaint under subsection 30.11(1) of the Act, the complainant, the government institution or an intervener, and (e) in the case of any other proceeding, a person who has an interest in the subject-matter of the proceeding and who has (i) filed a notice of participation in that proceeding in accordance with these Rules, or (ii) been given status by the Tribunal to be a party in that proceeding; (partie) proceeding includes an appeal, re-hearing, reference, inquiry, recommencement of inquiry, review, request for a ruling, reconsideration of an order or finding, complaint filed by a domestic producer or any other proceeding before the Tribunal under the Act or under any other Act of Parliament or regulations made thereunder; (procédure) request to intervene includes an appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act; (demande d’intervention) respondent means the Minister of National Revenue or the President, as the case may be. (intimé) Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules Definitions Sections 2-6 Secretary [Repealed, SOR/2018-87, s. 1] SOR/93-601, s. 1; SOR/2000-139, s. 1; SOR/2018-87, ss. 1, 89. Interpretation 3 These Rules shall be liberally construed to secure the fairest, least expensive and most expeditious determination of every proceeding, in accordance with section 35 of the Act. PART I Rules of General Application Application 4 Except where the context otherwise requires, this Part applies to all proceedings before the Tribunal. Directions on Procedure 5 If a question of procedure arises that is not covered or not fully covered in these Rules, the question must be disposed of in a manner that the Tribunal directs and that is consistent with any of these Rules that are applicable and that considerations of procedural fairness permit. SOR/2018-87, s. 2. Dispensing with or Varying Procedure 6 The Tribunal may dispense with, vary or supplement any of these Rules if it is fair and equitable to do so or to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit. SOR/2000-139, s. 2. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Combining of Proceedings Sections 6.1-10 Combining of Proceedings 6.1 The Tribunal may, on its own initiative or on the written request of a party, combine two or more proceedings to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit. SOR/2000-139, s. 2. Defect in Form and Irregularity 7 No proceeding is invalid by reason of a defect in form or a technical irregularity. SOR/2006-161, s. 1(F). Extending or Abridging Time Limits 8 If it is fair and equitable to do so, the Tribunal may extend or abridge the time limits fixed by these Rules or otherwise fixed by the Tribunal, either before or after their expiry. SOR/2000-139, s. 3. Computation of Time 9 Unless otherwise provided, the computation of time under these Rules or a direction of the Tribunal is governed by sections 26 to 28 of the Interpretation Act. Participation 10 (1) A person who proposes to participate in a proceeding, other than a proceeding under Part II or Part X, shall file with the Tribunal a notice of participation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be. (2) If a person referred to in subrule (1) sets out, in the notice of participation, the name of the counsel by whom they will be represented, the counsel shall file with the Tribunal a notice of representation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be. SOR/2000-139, s. 4. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Counsel of Record Sections 11-12 Counsel of Record 11 (1) A counsel who signs a document filed pursuant to these Rules on behalf of any party shall be the counsel of record for the party commencing on the date of filing and continuing until a change, if any, is made in accordance with subrule (2). (2) A party in a proceeding may change the party’s counsel of record by (a) filing with the Tribunal a Notice of Change of counsel of record signed by the new counsel; (b) serving a copy of the Notice on the former counsel and every other party in the proceeding; and (c) filing with the Tribunal proof of service of the Notice. Filing of Documents 12 (1) The parties must file their documents by electronic transmission. (1.1) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing. (1.2) Documents filed by electronic transmission shall constitute the original. (2) A party may make a written request to the Tribunal to file a document as a single copy exhibit. (3) A document that is filed by fax must be accompanied by a cover page setting out (a) the sender’s name, postal and email addresses, and telephone and fax numbers ; (b) the total number of pages transmitted, including the cover page; (c) the title or description of the document transmitted; and (d) the name, telephone number and email address of a person to contact if transmission problems occur. (4) A document that is filed by email must be accompanied by an electronic message setting out Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Filing of Documents Sections 12-12.1 (a) the sender’s name, telephone number, postal and email addresses; (b) the title or description of the document transmitted; and (c) the name, telephone number and email address of a person to contact if transmission problems occur. (5) Subject to subrule 31(3) and rule 96, the date of filing of a document is (a) if the document is filed by electronic transmission, the date of transmission; and (b) in any other case, the date on which the document is received by the Tribunal, as evidenced by the date stamped on it. SOR/93-601, s. 2; SOR/2000-139, s. 5; SOR/2018-87, s. 3. Statement Under Oath 12.01 (1) If a statement made under oath or affirmation is filed by electronic transmission, it must include a handwritten signature and the following statement: “The document that is being submitted by electronic transmission to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.” (2) The party filing the statement must keep the signed document in paper copy until one year after all time limits for appeals expire. (3) On the Tribunal’s request, the party filing the statement must provide the signed document in paper copy for review. SOR/2018-87, s. 4. Official and Other Languages 12.1 (1) Subject to subrule (2), all documents filed with the Tribunal must be in English or French. (2) A person may file an original document in a language other than English or French if, at the same time, the person also files a translation of it in English or French and an affidavit attesting to the accuracy of the translation. If the document is required to be served, the translation and affidavit must be served at the same time. SOR/2000-139, s. 5. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Service of Documents Section 13 Service of Documents 13 (1) Subject to rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, the following rules apply to the service of documents: (a) if a document is required to be served personally, the service shall be made (i) on an individual, by leaving a copy of it with the individual, (i.1) on a general partnership, by leaving a copy of it with one of the partners, (ii) on a corporation, by leaving a copy of it with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to manage or be in control of the place of business, and (iii) in any other case, in any manner that the Tribunal determines is just and equitable in the circumstances; and (b) if a document is not required to be served personally, the service shall be made at the address for service of the party. (2) [Repealed, SOR/2000-139, s. 6] (3) The address for service of a party shall be (a) where there is a counsel of record for a party, the business address of the counsel as shown on the most recent document filed by the counsel that shows the counsel’s address; and (b) where there is no counsel of record (i) in the case of the Minister of National Revenue or the President, the Office of the Deputy Attorney General of Canada in Ottawa, or (ii) in the case of any other party, the address of the party as shown on the most recent document filed by the party that shows the party’s address. (4) The service of a document at an address for service must be made by sending it to the address for service by hand, mail, registered mail, courier or electronic transmission. (5) A document that is served by fax must be accompanied by a cover page setting out Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Service of Documents Section 13 (a) the sender’s name, postal and email addresses and telephone and fax numbers; (b) the name of the person to be served; (c) the total number of pages transmitted, including the cover page; (d) the title or description of the document transmitted; and (e) the name, telephone number and email address of a person to contact if transmission problems occur. (5.1) A document that is served by email must be accompanied by an electronic message setting out (a) the sender’s name, telephone number, postal and email addresses; (b) the name of the person to be served; (c) the title or description of the document transmitted; and (d) the name, telephone number and email address of a person to contact if transmission problems occur. (6) In the absence of proof to the contrary, the date of service of a document is (a) if the document is served personally, the date of delivery; (b) if the document is served by mail or registered mail, the date that is five days after the earliest postal date appearing on the envelope containing the document; (c) if the document is served by electronic transmission, the date of the transmission; and (d) if the document is served by courier, the date of receipt indicated on the courier receipt. (7) If a document is required under these Rules to be served by a party or by direction of the Tribunal, the Tribunal may direct that a proof of service be filed with the Tribunal. (8) A proof of service of a document shall be made by showing (a) an acknowledgement of service signed by or on behalf of the person served; or Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Service of Documents Sections 13-15 (b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service. SOR/2000-139, s. 6; SOR/2018-87, ss. 5, 89. Means of Transmission 13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, notifying, servicing or filing may be done by hand, mail, registered mail, courier or electronic transmission. SOR/2000-139, s. 7; SOR/2018-87, s. 6. Certified Copy 13.2 If a document is filed by electronic transmission and a certified copy of the document is requested from the Tribunal, the Tribunal may provide an electronic copy, stamped “certified ”, of the document. SOR/2018-87, s. 6. Treatment of Certain Confidential Information [SOR/2018-87, s. 7] 14 Where information designated as confidential pursuant to paragraph 85(1)(a) of the Special Import Measures Act is filed with the Tribunal, the Tribunal shall treat that information as confidential unless the person who provided it agrees in writing that it need not be treated as confidential by the Tribunal. Submission of Confidential Information 15 (1) A document that contains information designated as confidential under section 46 of the Act must be marked “CONFIDENTIAL” in capital letters on each page and the confidential information must be placed between square brackets and highlighted. (2) Confidential information must be redacted in the non-confidential edited version of the document marked “CONFIDENTIAL” in capital letters. The version that contains the confidential information and the non-confidential edited version must be in the same format, including page and paragraph numbering and lines per page. (3) Except for the purpose of Parts II and X, the filing of the documents referred to in this rule is completed when Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Submission of Confidential Information Sections 15-17 all of them have been filed and, if they are filed on different dates, the date of filing is the date on which the most recent document is filed. SOR/2000-139, s. 8; SOR/2018-87, s. 8. Disclosure of Information to Counsel or to Expert 16 (1) A counsel for a party who wishes to have access to confidential information under subsection 45(3) of the Act must provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the information in the record of a proceeding, as well as in respect of that counsel’s disposal of the information at the close of the proceeding or in the event of a change of counsel. (2) [Repealed, SOR/2018-87, s. 9] (3) An expert who wishes to have access to confidential information under subsection 45(3) or (3.1) of the Act must provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as in respect of that expert’s disposal of the confidential information at the close of the proceeding or in the event of a change of expert. (4) Any party or interested person may request, by way of motion in accordance with rule 24, that the Tribunal not disclose some or all of the confidential information to a counsel or expert. (5) The Tribunal must notify the counsel or the expert, as the case may be, of its decision as to whether to disclose the confidential information and on what terms and conditions that disclosure would be made. SOR/2000-139, s. 8; SOR/2018-87, s. 9. Filing and Communication of Confidential Information 17 (1) Subject to any other provisions of these Rules, confidential information shall be filed with the Tribunal and may be served only by the Tribunal. (2) Despite subrule (1), a counsel for a party to a proceeding who has filed confidential information with the Tribunal may, in accordance with written directions issued by the Tribunal, serve that information on Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Filing and Communication of Confidential Information Sections 17-18 (a) a counsel who is acting on behalf of another party in the same proceeding, who has filed a declaration and undertaking under rule 16 and who has been granted access to that information; or (b) an expert who is acting under the control or direction of a counsel acting on behalf of another party in the same proceeding, who has filed a declaration and undertaking under rule 16 and who has been granted access to that information. SOR/2000-139, s. 8; SOR/2018-87, s. 10. Pre-hearing Conference 18 (1) At the time of giving notice of a hearing to be held in any proceeding or at any time after the giving of that notice, the Tribunal may direct that all parties to the proceeding or their counsel appear before the Tribunal or before a member, at a day, time and place fixed by the Tribunal, for a pre-hearing conference for the purpose of making representations, settling questions of procedure or merit before the hearing or receiving guidance from the Tribunal with respect to any of the following matters: (a) the clarification and simplification of issues; (b) the procedure to be followed at the hearing; (c) the mutual exchange between parties to the proceeding of written submissions, exhibits and other material presented or to be presented to the Tribunal; (d) the question of whether any written submission, other document or testimony presented or proposed to be presented to the Tribunal contains confidential information; (d.1) the question of whether a person who is to appear on behalf of a party is acknowledged by the parties to be an expert; (e) the question of the confidential information, if any, to which a person who is to appear on behalf of a party in the capacity of an expert on any matter should be given access; and (f) any other matter that is relevant to the proceeding. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Pre-hearing Conference Sections 18-20 (2) Counsel for any party to a proceeding may, if notice of a hearing has been given in the proceeding, make a written request to the Tribunal to direct that a pre-hearing conference be held to consider any matter referred in subrule (1). (3) On receipt of a request referred to in subrule (2), the Tribunal may direct that a pre-hearing conference be held if it determines that a pre-hearing conference would assist in the orderly conduct of the hearing or in settling questions of merit. (4) The Tribunal may conduct the pre-hearing conference in any manner that gives the parties or their counsel a fair opportunity to participate. (5) [Repealed, SOR/2000-139, s. 9] SOR/2000-139, s. 9; SOR/2018-87, s. 11. Availability of Information 19 (1) The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, make available to each party or the party’s counsel all of the information that has been provided to the Tribunal for the purposes of the proceeding and that has not been designated as confidential. (2) The Tribunal must, prior to or at the commencement of a hearing in a proceeding, make all confidential information that has been provided to the Tribunal or issued by it for the purposes of the proceeding available to each counsel and each expert who (a) has filed a declaration and undertaking under rule 16; and (b) has been granted access to the information. (3) The Tribunal may make the information referred to in subrule (1) or (2) available to a party or the party’s counsel by transmitting the documents by hand, mail, courier or electronic transmission. SOR/2018-87, s. 12. Subpoenas 20 (1) The Tribunal may, on its own initiative or at the request of any party, summon before it by subpoena any person to attend a hearing and require that person to give evidence on oath or affirmation and to produce documents or other things. (2) The request must set out the name, postal address and telephone number and, if applicable email address of Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Subpoenas Sections 20-21.1 the party making the request and of the person to be subpoenaed. (3) A subpoena must be served personally. At the time of service, an amount that is not less than the amount to which the person would have been entitled as fees and allowances, if summoned to attend before the Federal Court, must be paid or tendered to them. (4) If a subpoena is served on a person, the original copy of the subpoena must be filed with the Tribunal without delay, together with proof of service on the person. SOR/2000-139, s. 10; SOR/2018-87, s. 13. Questionnaires and Requests for Information 20.1 (1) At any time in a proceeding, in order to obtain information, the Tribunal may order that a party or a non-party fill out a questionnaire or respond to a request for information. (2) The party or the non-party may file with the Tribunal, within three working days after the issuance of the order, a letter explaining why an order should not have been issued or why the requested information cannot reasonably be provided. (3) If a letter is filed under subrule (2), the matter must be disposed of in accordance with any instructions that the Tribunal may give. SOR/2018-87, s. 14. Witnesses 21 (1) Subject to section 34 of the Act and unless these Rules provide otherwise, witnesses at a hearing shall be examined orally on oath or affirmation and the examination may consist of direct examination, cross-examination and re-examination. (2) and (3) [Repealed, SOR/2000-139, s. 11] SOR/2000-139, s. 11. Affidavits 21.1 (1) The Tribunal may, on its own initiative or on the request of a party, direct that a person file an affidavit in support of any statement made in a proceeding before the Tribunal. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Affidavits Sections 21.1-23 (2) Subject to subrule (3), an affidavit must be confined to a statement of facts within the personal knowledge of the person filing it. (3) The Tribunal may allow the person to file an affidavit containing a statement of what the person believes to be the facts accompanied by a statement of the grounds by which they are supported. SOR/2018-87, s. 15. Experts 22 (1) A party who intends to call an expert as a witness at a hearing must, not less than 30 days before the hearing, file with the Tribunal and serve on the other parties a report, signed by the proposed expert, setting out the proposed expert’s name, postal and email addresses, telephone number, qualifications, area of expertise and a summary of their testimony in sufficient detail to convey a reasonable understanding of it. (2) A party on whom a report has been served and who wishes to rebut with expert evidence any matter set out in the report must, not less than 20 days before the hearing, file with the Tribunal and serve on the other parties a rebuttal expert report setting out a summary of the rebuttal evidence to be introduced in sufficient detail to convey a reasonable understanding of it. (3) The rebuttal expert report must be signed by the author of the report and set out their name, postal and email addresses, telephone number, qualifications, area of expertise and a summary of their testimony in sufficient detail to convey a reasonable understanding of it. (4) The Tribunal may, prior to the commencement of a hearing, direct that parties seek to reach an agreement (a) on whether a person has the requisite credentials or qualifications to be considered as an expert; and (b) on the proposed area of expertise of that person. SOR/2000-139, s. 12; SOR/2018-87, s. 16. Hearings 23 (1) Subject to subrule (2), all of the hearings at which the parties or their counsel may appear before the Tribunal are public. (2) The Tribunal may hold a hearing or any part of one in camera, Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Hearings Sections 23-23.1 (a) on its own initiative or on the request of a party, for the purpose of receiving confidential information; or (b) on the request of a party in which the party establishes that the circumstances justify an in camera hearing. (3) When the Tribunal holds a hearing or part of one in camera, the hearing or part may be attended only by (a) a person who is to present confidential information and anyone whom the person requests be permitted to attend; (b) counsel for a party or an expert who has been granted access to confidential information under rule 16; (c) employees of the Administrative Tribunals Support Service of Canada who have been directed, at the request of the Tribunal, to attend; and (d) any other person whom the Tribunal authorizes to attend. (4) A party who requires oral translation in any given language in order to participate in or have a witness testify at a hearing, other than at a hearing by way of written submissions, must notify the Tribunal in writing of the requirement and of the language of translation, at least 20 days before the hearing. (5) The Tribunal may permit a party to provide their own oral translation in order to participate in or have a witness testify at a hearing, other than a hearing by way of written submissions, if the party makes a request in writing at least 20 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances. SOR/2000-139, s. 12; SOR/2018-87, s. 17. Requests for Decision or Order 23.1 (1) A party may make a request to the Tribunal for a decision or order on any matter that arises in the course of a proceeding. (2) The party who makes the request shall serve a copy of it on the other parties at the same time as it is filed with the Tribunal. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Requests for Decision or Order Sections 23.1-24.1 (3) Before making a determination on the request, the Tribunal must provide an opportunity for the other parties to make representations. SOR/2000-139, s. 12; SOR/2018-87, s. 18. Motions [SOR/2018-87, s. 19] 24 (1) The Tribunal must proceed by way of motion if (a) it decides not to proceed by way of written request under rule 23.1; or (b) these Rules so specify. (2) A motion must be in writing and set out (a) a clear and concise statement of the facts, which must be accompanied by an affidavit if the Tribunal so directs; and (b) the decision or order sought and the grounds for seeking it. (3) A motion given by a party must be filed with the Tribunal and served on the other parties not less than five days before the day fixed for the commencement of the hearing. (4) Any party who wishes to answer a motion must file a written answer with the Tribunal and serve a copy of it on the other parties. (5) If a party wishes to submit a document in support of a motion or answer, the document must accompany the motion or answer in question and the party must file it with the Tribunal and serve a copy of it on the other parties. (6) Unless the Tribunal directs otherwise, a decision or order on a motion must be made in writing. (7) Despite subrules (2) to (5), a motion in connection with a matter that has not come to the attention of a party prior to the commencement of a hearing may be made orally at the hearing and must be disposed of in accordance with any procedure that the Tribunal may direct. SOR/2000-139, s. 13; SOR/2018-87, s. 20. Late Filing 24.1 (1) A party may file a motion seeking permission for the late filing of a document or physical exhibit. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Late Filing Sections 24.1-25.2 (2) The motion is to set out (a) the reasons why the document or the physical exhibit was not filed within the applicable time limit; (b) the relevance of the document or physical exhibit to the proceeding; and (c) the reasons why the late filing should be permitted. (3) The Tribunal may in exceptional circumstances and if it determines that it is fair and equitable in the circumstances, permit the document or the physical exhibit to be filed, in whole or in part during a period that the Tribunal fixes. (4) The Tribunal must notify the parties of its decision under subrule (3) and the reasons for it. SOR/2000-139, s. 14; SOR/2018-87, s. 21. Type of Hearing 25 Unless otherwise required by these Rules, the Tribunal may decide to proceed by (a) way of a hearing at which the parties or their counsel appear in person before the Tribunal; (b) way of electronic hearing; (c) way of a hearing by way of written submissions; or (d) any combination of the ways referred to in paragraphs (a) to (c). SOR/2000-139, s. 14; SOR/2018-87, s. 22. Hearing by Way of Written Submissions 25.1 When the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice to that effect and may (a) dispose of the matter on the basis of the written documentation before it; (b) require further information to be furnished by any party; and (c) invite submissions from any party or any person who may have an interest in the matter. SOR/2000-139, s. 14. 25.2 [Repealed, SOR/2018-87, s. 23] Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Postponements and Adjournments of Hearings Sections 26-28 Postponements and Adjournments of Hearings 26 (1) The Tribunal may, on its own initiative or on the request of a party, postpone or adjourn a hearing, and, in determining whether to grant the request, the Tribunal shall consider, in addition to any other relevant factors, whether a similar issue is being considered before another court whose determination could impact on the matter being heard, whether any prejudice would result if the postponement or adjournment were granted or not granted and whether a postponement or adjournment would unreasonably delay or impede the proceedings. (2) A request for a postponement must be made at least 15 days before the hearing and must set out the reasons for the postponement. (3) The Tribunal shall notify the parties of its decision under subrule (1). SOR/2000-139, s. 14; SOR/2018-87, s. 24. Communication of Information [SOR/2000-139, s. 15(F); SOR/2002-402, s. 1(F)] 27 Any person who wishes to obtain information in respect of the procedure followed by the Tribunal, or to inspect documents, exhibits or other material provided to it, must make a request to the Tribunal. SOR/2018-87, s. 25. Decisions, Orders or Findings of the Tribunal 28 (1) If the Tribunal makes a decision, declaration, determination, recommendation, order, finding or other ruling in a proceeding, the Tribunal must, without delay after it is made, forward, subject to paragraph 43(2)(a), subparagraphs 76.01(6)(a)(i) and 76.02(5)(a)(i) and subsections 76.03(5) and (6) of the Special Import Measures Act, a copy of it to each party and to each person who was provided with a notice of commencement of the proceeding. (2) The Tribunal must, without delay after the making of a decision, declaration, order, finding or other final ruling in a proceeding, cause a notice to that effect to be published in the Canada Gazette. (3) If the Tribunal is required by subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of the Special Import Measures Act to send a copy of the order or finding in a proceeding as well as the reasons for making the order or finding to the persons specified in Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART I Rules of General Application Decisions, Orders or Findings of the Tribunal Sections 28-30 subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of that Act, as the case may be, it must also send a copy to every other person who was provided with a notice of commencement of the proceeding. SOR/2000-139, s. 16; SOR/2018-87, s. 26. Failure to Comply 29 Where a party to a proceeding has not met any requirement of these Rules or complied with any order or direction issued by the Tribunal, the Tribunal may (a) stay the proceeding until it is satisfied that the requirement has been met or the order or direction has been complied with; (b) decide the matter in issue on the basis of the information on the record; or (c) make any order that it considers just and equitable in the circumstances, including a dismissal order. SOR/2000-139, s. 17. PART II Procedure for Appeals Application 30 This Part applies to proceedings in respect of (a) an appeal from an assessment, reassessment, rejection, decision or determination of the Minister of National Revenue or from a decision or re-determination of the President, as the case may be, pursuant to (i) section 67 of the Customs Act, (ii) section 61 of the Special Import Measures Act, (iii) sections 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act, and (iv) [Repealed, SOR/2018-87, s. 27] (v) sections 13 or 63 of the Energy Administration Act; and (b) with such modifications as the circumstances require, a re-hearing under subsection 68(2) of the Customs Act or paragraph 62(2)(b) of the Special Import Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART II Procedure for Appeals Application Sections 30-34 Measures Act and a reference under section 70 of the Customs Act as if they were an appeal. SOR/2000-139, s. 18; SOR/2018-87, ss. 27, 89. Commencement of Appeal 31 (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal (a) with the President and the Tribunal, in the case of an appeal under the Customs Act or the Special Import Measures Act; or (b) with the Tribunal, in the case of an appeal under the Excise Tax Act or the Energy Administration Act. (2) The notice of appeal shall be accompanied by a copy of the assessment, reassessment, rejection, decision, determination or re-determination, as the case may be, from which the appeal is launched. (3) If the notice of appeal is filed by mail, the date of filing is the earliest postal date appearing on the envelope containing the document, and, in the absence of a proof of mailing, the date of filing is the date on which the document is received by the Tribunal, as evidenced by the date stamped on it. SOR/2000-139, s. 19; SOR/2018-87, s. 28. Sending of Acknowledgement of Receipt and Notice of Appeal 32 Except in the case referred to in section 81.25 of the Excise Tax Act, the Tribunal must, without delay after the filing of a notice of appeal, send an acknowledgement of receipt of the notice to the appellant and a copy of the notice to the respondent. SOR/2018-87, s. 29. 33 [Repealed, SOR/2018-87, s. 29] Brief 34 (1) The appellant must, within 60 days after receipt of an acknowledgement referred to in section 32, (a) file with the Tribunal a brief prepared in accordance with subrules (2) and (3); and Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART II Procedure for Appeals Brief Section 34 (b) subject to rule 17, serve a copy of the brief without delay on the other parties, and send to the Tribunal a confirmation that the service has been effected. (2) A brief referred to in subrule (1) shall (a) be dated and signed by the appellant or by the appellant’s counsel, if any; (b) be numbered on each page; (c) be divided into paragraphs that are numbered consecutively and that set out (i) a statement of the grounds for appeal and of the material facts relevant to each ground, (ii) a description of the goods in issue, (iii) a statement of points in issue between the parties, (iv) the statutory provisions relied on, (v) the history of the proceeding before the filing of the notice of appeal, (vi) the Tribunal’s jurisdiction to hear the appeal, (vii) a brief statement of argument to be made at the hearing, and (viii) the nature of the decision, order, finding or declaration sought; (d) include a table of authorities on which the appellant intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal or as otherwise directed by the Tribunal; (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and (f) contain the name, address for service, telephone number and email address of the appellant and of the appellant’s counsel, if any. (3) An appellant who intends to rely at the hearing (a) on any documents or authorities that were not available or that could not be included in a brief filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties; Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART II Procedure for Appeals Brief Sections 34-35 (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing. SOR/2000-139, s. 21; SOR/2018-87, s. 30. Response 35 (1) The respondent must, within 60 days after the service of the appellant’s brief under rule 34, file a response with the Tribunal and, subject to rule 17, serve a copy of it on the other parties. (2) A response referred to in subrule (1) shall (a) be dated and signed by the respondent or the respondent’s counsel, if any; (b) be numbered on each page; (c) be divided into paragraphs that are numbered consecutively and that set out (i) a statement of the grounds of opposition to the appeal and of the material facts relevant to each ground, (ii) an admission or denial of each ground and of each of the material facts relevant to each ground set out in the appellant’s brief, (iii) the issues to be decided, (iv) the statutory provisions relied on, (v) the history of the proceeding before the filing of the notice of appeal, (vi) the Tribunal’s jurisdiction to hear the appeal, (vii) a brief statement of argument to be made at the hearing, and (viii) the relief sought; (d) include a table of authorities on which the respondent intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal; (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART II Procedure for Appeals Response Sections 35-39 information relating to the appeal that the Tribunal requires; and (f) contain the name, address for service, telephone number and email address of the respondent and of the respondent’s counsel, if any. (3) A respondent who intends to rely at the hearing (a) on any documents or authorities that were not available or that could not be included in a response filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties; (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing. SOR/2000-139, s. 22; SOR/2018-87, s. 31. Written Submissions and Documentary Evidence [SOR/2018-87, s. 32(E)] 36 The Tribunal may, at any time, direct a party to file with the Tribunal any written submissions, documents or evidence relating to an appeal. SOR/2000-139, s. 23. 36.1 [Repealed, SOR/2018-87, s. 33] Time for Hearing 37 Where an appeal is to be disposed of by means of a hearing, the Tribunal shall fix a date for the hearing of the appeal. Notice of Hearing 38 When the Tribunal has fixed the date for a hearing, it must notify all parties to the appeal and their counsel. SOR/2000-139, s. 24; SOR/2018-87, s. 34. 39 [Repealed, SOR/2018-87, s. 34] Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART II Procedure for Appeals Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act Sections 40-41 Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act 40 An intervention referred to in subsection 81.33(9) of the Excise Tax Act may be made by filing with the Tribunal a request to intervene. SOR/2000-139, s. 24; SOR/2018-87, s. 35. Contents of a Request To Intervene [SOR/2018-87, s. 36] 40.1 A request to intervene must (a) include the nature of the interest of the person who wishes to be added as an intervener and the manner in which it may be affected; (b) set out a summary of the representations that would be made by the person and why their interest would not otherwise be adequately represented; (c) include the manner in which the person may assist the Tribunal in the resolution of the appeal; and (d) include any other relevant matters. SOR/2000-139, s. 24; SOR/2018-87, s. 37. Intervener Added 41 (1) If a person files a request to intervene (a) the Tribunal must serve a copy of the request to intervene on every person who is a party to the appeal when the notice is filed; and (b) the parties to the appeal may make representations in respect of the notice. (2) The Tribunal must determine whether to add the person as an intervener on the basis of the information provided by that person under rule 40.1 or any other consideration that the Tribunal considers relevant. (3) If the Tribunal determines that the person is to be added as an intervener, the Tribunal must so notify the other parties to the appeal. (4) An intervener is entitled to receive from the Tribunal copies of all of the documents, other than documents which contain confidential information, that were filed by each party to the appeal prior to their being added as Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART II Procedure for Appeals Intervener Added Sections 41-48 an intervener and, subject to rule 16, the counsel or expert for the intervener is entitled to have access to documents which contain confidential information. (5) Subject to rule 17, each party to the appeal must serve on the intervener copies of all of the documents served by that party on the other parties to the appeal on or after the day they are added as an intervener. (6) The Tribunal may limit an intervener’s submission to any matter that may assist the Tribunal in the resolution of the appeal. SOR/2000-139, s. 25; SOR/2018-87, s. 38. 42 [Repealed, SOR/2018-87, s. 38] 43 [Repealed, SOR/2018-87, s. 38] Discontinuance 44 A party who instituted an appeal may, on or before the day fixed for the commencement of the hearing of the appeal, discontinue the appeal by filing a notice with the Tribunal and by serving without delay a copy of it on the other parties to the appeal. SOR/2000-139, s. 27; SOR/2018-87, s. 39. 45 [Repealed, SOR/2018-87, s. 39] Failure to Appear 46 Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or give such other direction as is just. 47 [Repealed, SOR/2018-87, s. 40] PART III References Under Subsection 33(2) of the Special Import Measures Act Application 48 This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act. SOR/2000-139, s. 28. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART III References Under Subsection 33(2) of the Special Import Measures Act Notice of Reference Sections 49-52 Notice of Reference 49 A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal. Sending of Notice to the President [SOR/2018-87, s. 89] 50 If a reference is made by a person other than the President, the Tribunal must without delay give to the President written notice of the reference. SOR/2000-139, s. 29; SOR/2018-87, s. 41. Information to be Filed by the President [SOR/2018-87, s. 89] 51 Where a reference is made in relation to any matter before the President, the President shall file with the Tribunal (a) any written complaint made to the President under subsection 31(1) of the Special Import Measures Act in relation to that matter; (b) all information and material relating to that matter that was in the possession of the President when the President made the decision or reached the conclusion as a result of which the question was referred to the Tribunal; and (c) a list of the names and addresses of all persons and governments that, pursuant to that Act, were given notice of the decision or conclusion of the President as a result of which the question was referred to the Tribunal. SOR/2000-139, s. 29; SOR/2018-87, ss. 42(E), 89. Advice 52 (1) The Tribunal shall render its advice on a reference in writing and give reasons for its advice. (2) When the Tribunal has rendered its advice, it must without delay send a copy of the advice to the President and to every person and government named in the list referred to in paragraph 51(c). (3) If the Tribunal terminates proceedings under paragraph 35.1(1)(c) of the Special Import Measures Act, the Tribunal must without delay give notice of the termination to the President and to every person and government named in the list referred to in paragraph 51(c) and Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART III References Under Subsection 33(2) of the Special Import Measures Act Advice Sections 52-52.2 in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act. SOR/97-325, s. 1; SOR/2000-139, s. 30; SOR/2018-87, s. 43. PART III.1 Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act Application 52.1 This Part applies to a preliminary injury inquiry conducted by the Tribunal under subsection 34(2) of the Special Import Measures Act as a consequence of the receipt of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods. SOR/2000-139, s. 31; SOR/2018-87, s. 44. Notice of Commencement of Preliminary Inquiry 52.2 If a notice of initiation of an investigation of dumping or subsidizing is filed with the Tribunal, it must without delay cause to be published in the Canada Gazette a notice of commencement of a preliminary inquiry that sets out the following information: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART III.1 Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act Notice of Commencement of Preliminary Inquiry Sections 52.2-52.4 (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the preliminary inquiry may be obtained; and (i) any other information that the Tribunal considers relevant to the inquiry. SOR/2000-139, s. 31; SOR/2018-87, ss. 45, 91. Sending of a Notice of Commencement of Preliminary Inquiry 52.3 The Tribunal shall send a copy of a notice of commencement of preliminary inquiry referred to in rule 52.2 to (a) the President; (b) all of the persons known to the Tribunal to be interested parties; and (c) the government of any country from which goods in respect of which the initiation of a dumping or subsidizing investigation was made were exported to Canada. SOR/2000-139, s. 31; SOR/2018-87, ss. 89, 90, 92(F). Information to be Filed by the President [SOR/2018-87, s. 89] 52.4 If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the President must file with the Tribunal, in addition to the notice required to be given under paragraph 34(1)(a) of that Act, (a) a copy of the President’s statement of reasons for initiating the investigation; (b) a copy of both the public and, if applicable, confidential version of the written complaint made to the President under subsection 31(1) of the Special Import Measures Act; and (c) any other relevant information that has been taken into consideration by the President. SOR/2000-139, s. 31; SOR/2002-402, s. 2(E); SOR/2018-87, s. 46. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART III.1 Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act Information to be Filed by the President Sections 52.5-54 52.5 If the Tribunal causes a preliminary inquiry to be terminated under paragraph 35.1(1)(b) of the Special Import Measures Act, it must give notice of the termination to every person and government referred to in rule 52.3 and in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act. SOR/2000-139, s. 31; SOR/2018-87, s. 47. PART IV Inquiries Under Section 42 of the Special Import Measures Act Application 53 This Part applies to an inquiry, in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt of a notice of a preliminary determination of dumping or subsidizing in respect of goods. SOR/2000-139, s. 32; SOR/2018-87, s. 48. Notice of Commencement of Inquiry 54 If a notice of a preliminary determination of dumping or subsidizing is filed with the Tribunal under the Special Import Measures Act, the Tribunal must without delay cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (e) the date on or before which an interested person may file written representations under subsection 45(6) of that Act; Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Notice of Commencement of Inquiry Sections 54-56 (f) the date on or before which any written submissions must be filed; (g) the number of copies of each written submission that must be filed; (h) instructions with respect to the filing of confidential information; (i) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained; (j) the place and time fixed for the commencement of a hearing in the inquiry; and (k) any other information that the Tribunal considers relevant to the inquiry. SOR/2000-139, s. 32; SOR/2002-402, s. 3(E); SOR/2018-87, ss. 49, 91. Sending of a Notice of Commencement of Inquiry 55 The Tribunal shall send a copy of a notice of commencement of inquiry referred to in rule 54 to (a) the President; (b) all of the persons known by the Tribunal to be interested parties; and (c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada. SOR/2000-139, s. 32; SOR/2018-87, ss. 89, 90, 92(F). Information to be Filed by the President — Preliminary Determination [SOR/2018-87, s. 89] 56 If the President makes a preliminary determination of dumping or subsidizing with respect to goods under section 38 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in paragraph 38(3)(b) of that Act, the following materials: (a) a copy of the preliminary determination; (b) a detailed statement of all estimates and of all things specified by the President pursuant to paragraph 38(1)(a) or (b) of that Act; Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Information to be Filed by the President — Preliminary Determination Sections 56-57 (c) a document that contains information with respect to (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized; and (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request. SOR/2000-139, s. 32; SOR/2018-87, ss. 50, 89. Information to be Filed by the President — Final Determination [SOR/2018-87, s. 89] 57 If the President makes a final determination of dumping or subsidizing with respect to goods under section 41 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in subsection 41(3) of that Act, the following materials: (a) a copy of the final determination; (b) a detailed statement of all estimates and of all things specified by the President pursuant to subsection 41(1) of that Act; (c) a document that contains information with respect to (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized; (c.1) documents setting out the margin of dumping in relation to the goods that are imported into Canada from each country subject to an inquiry, which margin of dumping is the weighted average of the margins of dumping determined in accordance with section 30.2 of the Special Import Measures Act expressed as a percentage of the export price of the good; (c.2) documents setting out the amount of subsidy in relation to the goods that are imported into Canada Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Information to be Filed by the President — Final Determination Sections 57-59 from each country subject to an inquiry, expressed as a percentage of the export price of the goods; and (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request. SOR/2000-139, s. 32; SOR/2002-402, s. 4(E); SOR/2018-87, ss. 51, 89. Information to be Provided by the Tribunal [SOR/2018-87, s. 90] 58 In any inquiry, the Tribunal shall, forthwith after expiration of the date on or before which interested parties or counsel for the interested parties are required to file a Notice of Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that party, with the following information: (a) the names and addresses of all parties to the inquiry and their counsel, if any; (b) the codes assigned to the parties’ exhibits; and (c) the procedure for the filing of documents. SOR/2018-87, s. 90. Availability of Information 59 In an inquiry, the Tribunal must, after the expiry of the day on or before which interested parties are required to file a notice of participation, make available, on any conditions that are established by the Tribunal under subsection 45(3) of the Act, (a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and (b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential. SOR/2000-139, s. 33; SOR/2018-87, ss. 52, 91. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Written Submissions and Documentary Evidence Sections 60-61.1 Written Submissions and Documentary Evidence 60 (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material: (a) written submissions, documents or evidence relating to the inquiry; (b) a statement of the evidence adduced or to be adduced by the party; and (c) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry. (2) In the case of an inquiry under section 31 of the Special Import Measures Act, the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person. SOR/2000-139, s. 33. Information to be Provided by Parties 61 In considering an issue of injury or retardation or threat of injury, the Tribunal may at any time direct a party to an inquiry to produce information that relates to the factors prescribed by section 37.1 of the Special Import Measures Regulations. SOR/2000-139, s. 33. Request for Information 61.1 (1) In this rule, a request for information includes a request for the production of a document. (2) A party may direct a request for information to any other party. (3) A party that makes a request for information shall file the request with the Tribunal and serve it on the other parties within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct. (4) A request for information shall Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Request for Information Section 61.1 (a) be in writing; (b) set out the name of the party to whom it is addressed; (c) number each request for information consecutively; (d) explain how the request is relevant or necessary to the proceeding; and (e) be dated. (5) If the party to whom the request is addressed refuses to give some or all of the information requested, that party must, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, (a) if the party contends that some or all of the information requested is not relevant or necessary, give reasons in support of that contention; (b) if the party contends that some or all of the information requested is not available, give reasons for its unavailability and provide any other available information or documents that are of the same nature and to the same effect as the requested information; and (c) if the party makes any other contention, including a contention based on criteria referred to in paragraphs (7)(c) to (f), give reasons in support of that contention. (6) The Tribunal may, on its own initiative or on the request of a party, refuse the request or grant all or part of it on the basis of criteria set out in subrule (7). (7) For the purpose of subrule (6), the Tribunal shall take the following criteria into account: (a) the relevance and necessity of the information requested; (b) any contentions referred to in subrule (5); (c) the sufficiency of the information already on the record; (d) the availability of the information from other sources; (e) the ability or inability of the party to respond; and (f) any other matter relevant to the request. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Request for Information Sections 61.1-61.2 (8) If the Tribunal orders the party to whom the request is addressed to provide some or all of the information requested, the party shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, (a) serve on the other party (i) a full and adequate response, in writing, for each question in the request, (ii) a signed declaration that the responses are complete and correct to the best of the information and belief of the party providing the response, and (iii) the information requested, or copies of it; and (b) file with the Tribunal copies of the responses and information in the number that it indicates are necessary for it and the interested parties. (9) A party to whom a request for information is directed complies with the order of the Tribunal if the party indicates to the other party which of its records contain the relevant information and (a) the party specifies in sufficient detail where the information may be found; (b) the burden of obtaining the information is substantially the same for either party; and (c) the party directing the request is given a reasonable opportunity to examine the records and make copies or summaries of them. (10) If a party files a response or documents that contain confidential information, the party who provides the confidential information shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, file a non-confidential edited version or a non-confidential summary of the response in accordance with paragraph 46(1)(b) of the Act. (11) If a party to whom a request for information is directed does not comply with this rule, the party who directed the request for information may request the Tribunal to order compliance. SOR/2000-139, s. 33; SOR/2002-402, s. 5(F); SOR/2018-87, s. 53. Notice of Matters Arising 61.2 (1) A party who wishes to have supplementary information relating to submissions, evidence and responses to requests for information that are filed with the Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IV Inquiries Under Section 42 of the Special Import Measures Act Notice of Matters Arising Sections 61.2-63 Tribunal by another party shall serve a notice on all of the parties before the start of a hearing, within the period that the Tribunal may direct, to have the other party answer questions or provide documents or other information at the hearing concerning the matters arising from the material filed. (2) A party who makes a request shall file the notice with the Tribunal. (3) The notice shall (a) be in writing; (b) identify the party who will be required to answer questions or bring specified documents or information; (c) number each matter consecutively; (d) specify the information or documents requested, with an explanation of how they are relevant or necessary to the proceeding; and (e) be dated. (4) The Tribunal shall notify the parties in writing on which matters they must be prepared to answer questions at the hearing and specify which documents, if any, that they must be prepared to bring with them to the hearing. SOR/2000-139, s. 33. Information To Be Filed by Tribunal — Advice Under Section 46 of Special Import Measures Act 62 If the Tribunal advises the President under section 46 of the Special Import Measures Act, it must cause to be filed with the President, in addition to the written notice referred to in that section, a copy of the information relied on in giving its advice. SOR/2000-139, s. 33; SOR/2018-87, s. 54. 63 [Repealed, SOR/2000-139, s. 33] Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART V Recommencement of Inquiry Under Section 44 of the Special Import Measures Act Sections 64-67 PART V Recommencement of Inquiry Under Section 44 of the Special Import Measures Act Application 64 This Part applies to the recommencement of an inquiry made by the Tribunal under paragraph 44(1)(a) or (b) of the Special Import Measures Act where, pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of the Special Import Measures Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods. 2002, c. 8, s. 182. Notice of Recommencement of Inquiry 65 Where an inquiry is recommenced pursuant to subsection 44(1) of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of recommencement of inquiry setting out, with such modifications as the circumstances require, the same information as is referred to in paragraphs 54(a) to (k). SOR/2018-87, s. 90. Sending of Notice 66 The Tribunal shall forthwith send a copy of the notice of recommencement of inquiry referred to in rule 65 to the persons referred to in paragraph 44(2)(a) of the Special Import Measures Act. SOR/2000-139, s. 34; SOR/2018-87, s. 90. Written Submission 67 Where an order or finding of the Tribunal is set aside or is set aside in relation to particular goods pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of the Special Import Measures Act but the matter is not referred back to the Tribunal for determination, any person interested in making any written submission on the question of whether the Tribunal should recommence the inquiry in accordance with paragraph 44(1)(b) of the Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART V Recommencement of Inquiry Under Section 44 of the Special Import Measures Act Written Submission Sections 67-68.1 Special Import Measures Act shall file a submission within 21 days after the final disposition of the application. 2002, c. 8, s. 182. Application of Part IV 68 Subject to any direction or order of the Tribunal, Part IV applies, with such modifications as the circumstances require, to a recommencement of an inquiry. PART V.1 Public Interest Inquiry Under Section 45 of the Special Import Measures Act Notice of Commencement of Inquiry 68.1 (1) If a public interest inquiry is initiated arising out of a finding of injury as a result of an inquiry referred to in section 42 of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry, together with any other relevant details of the inquiry; (c) the date on or before which an interested party or interested person must file a notice of participation; (d) the date on or before which counsel for an interested party or interested person, if any, must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the date, place and time fixed for the commencement of a hearing in the inquiry; and Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART V.1 Public Interest Inquiry Under Section 45 of the Special Import Measures Act Notice of Commencement of Inquiry Sections 68.1-68.3 (i) any other information that the Tribunal considers relevant to the inquiry. (2) The Tribunal shall send a copy of a notice of commencement of inquiry referred to in subrule (1) to (a) the President; (b) all of the persons known by the Tribunal to be interested parties or interested persons; and (c) the government of any country from which goods in respect of which the final determination was made were exported to Canada. SOR/2000-139, s. 35; SOR/2002-402, s. 6(E); SOR/2018-87, ss. 55, 89 to 91, 92(F). Information to be Provided by the Tribunal [SOR/2018-87, s, 90] 68.2 The Tribunal shall, forthwith after the expiry of the date on or before which interested parties or interested persons are required to file a notice of participation or counsel for them is required to file a notice of representation, provide each counsel and, where an interested party or interested person is not represented by counsel, that interested party or interested person, with the following information: (a) the names and addresses of all parties and interested persons to the inquiry and their counsel, if any; and (b) the procedure for the filing of documents. SOR/2000-139, s. 35; SOR/2018-87, s. 90. Written Submissions and Documentary Evidence 68.3 The Tribunal may at any time direct any party or interested person to a public interest inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material: (a) written submissions, documents or evidence relating to the inquiry; (b) a statement of the evidence adduced or to be adduced by the party or interested person; and (c) a description of any exhibit in other than documentary form that the party or interested person intends to adduce at the inquiry. SOR/2000-139, s. 35. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART V.1 Public Interest Inquiry Under Section 45 of the Special Import Measures Act Additional Information to be Provided by Parties or Interested Persons Sections 68.4-69 Additional Information to be Provided by Parties or Interested Persons 68.4 The Tribunal may at any time direct a party or interested person to a public interest inquiry to produce any additional information that relates to any factors or that it considers relevant to the inquiry. SOR/2000-139, s. 35. PART V.2 Anti-Circumvention Investigations 68.5 If the President makes a finding that there is circumvention under subsection 75.1(1) of the Special Import Measures Act, the decision filed with the Tribunal must be accompanied by the record of the decision and the statement of essential facts on which the determination was based. SOR/2018-87, s. 56. PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act Application 69 This Part applies in respect of a review of an order or finding by the Tribunal (a) under subsection 76.01(1), 76.02(1) or 76.03(3) of the Special Import Measures Act, whether on the Tribunal’s own initiative or at the request of the President or any other person or of any government; (b) under subsection 76.02(3) of that Act, if the order or finding is referred back to the Tribunal under an order made by a panel under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4) of that Act; or (c) under subsection 76.1(2) of that Act. SOR/2000-139, s. 36; SOR/2018-87, s. 89. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act Application Sections 69-71 Review under Section 76.01 or 76.02 of the Special Import Measures Act 70 (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act must set out the following information: (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of their counsel, if any; (b) the nature of their interest in the order or finding; (c) the grounds on which the person believes initiation of the review is warranted and a statement of the facts on which the grounds are based; and (d) the nature of the order or finding that the person believes the Tribunal should make under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act on completion of the review. (2) On receipt of a properly documented request referred to in subrule (1), the Tribunal shall inform each party to the inquiry or review that resulted in the order or finding of its receipt of the request and shall give them an opportunity to make representations to the Tribunal concerning the request. SOR/2000-139, s. 36; SOR/2018-87, s. 57. 71 (1) If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of review that sets out the following information: (a) the statutory authority for the review; (b) the subject-matter of the review, together with any other relevant details of the review; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act Review under Section 76.01 or 76.02 of the Special Import Measures Act Sections 71-73 (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review may be obtained; and (i) the place and time fixed for commencement of a hearing in the review. (2) The Tribunal must send a copy of a notice of review to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. SOR/2000-139, s. 36; SOR/2002-402, s. 7(E); SOR/2018-87, ss. 58, 90, 91. 72 In order to decide whether an interim review under section 76.01 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information concerning (a) whether changed circumstances or new facts have arisen since the making of the order or finding; (b) facts that were not put in evidence in the original proceedings and that were not discoverable by the exercise of reasonable diligence; and (c) any other matter that is relevant to the review. SOR/2000-139, s. 36. 73 For the purposes of subsections 76.01(6) and 76.02(5) of the Special Import Measures Act, the other persons to whom and governments to which a copy of the order or finding and reasons for it must be forwarded are the persons — other than the President — and governments who received a copy of the notice of review. SOR/2000-139, s. 36; SOR/2018-87, s. 59. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act Review under Section 76.03 of the Special Import Measures Act Section 73.1 Review under Section 76.03 of the Special Import Measures Act 73.1 (1) When an order or a finding is deemed to be rescinded on the expiry of a five-year period in accordance with subsection 76.03(1) of the Special Import Measures Act, the notice of expiry that the Tribunal must cause to be published in the Canada Gazette in accordance with subsection 76.03(2) of that Act shall set out the following information: (a) the date on which the order or finding will be deemed to be rescinded; (b) the date on or before which any written submissions must be filed by any person or government requesting or opposing the initiation of a review of the order or finding; (c) the number of copies of each written submission that must be filed; (d) instructions with respect to the filing of confidential information; and (e) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the expiry may be obtained. (2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal must, if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision. (3) If the Tribunal decides to initiate a review, the information that must be included in a notice of the initiation of a review that the Tribunal must cause to be published in the Canada Gazette, in accordance with subsection 76.03(6) of the Special Import Measures Act, is the information specified in subrule 71(1). (4) The Tribunal must send a copy of a notice of expiry to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. (5) For the purposes of paragraph 76.03(6)(a) of the Special Import Measures Act, the other persons to whom and government to which a notice of the Tribunal’s decision to initiate an expiry review must be sent are the Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act Review under Section 76.03 of the Special Import Measures Act Sections 73.1-73.5 persons — other than the President — to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. SOR/2000-139, s. 36; SOR/2006-161, s. 5(F); SOR/2018-87, ss. 60, 90. 73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information in relation to the factors prescribed in section 37.2 of the Special Import Measures Regulations and any other matter that is relevant to the review. SOR/2000-139, s. 36; SOR/2018-87, s. 61. 73.3 If the President determines that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the President must provide without delay to the Tribunal under subsection 76.03(9) of the Special Import Measures Act the following information: (a) the reasons for the determination; (b) information relating to the enforcement of the Tribunal’s order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and (c) any other information that has been taken into consideration by the President. SOR/2000-139, s. 36; SOR/2018-87, s. 62. 73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, it must cause a notice of it to be published in the Canada Gazette and send a copy of the order and reasons for it to each party as well as to each person who was provided with the notice of the Tribunal’s decision to initiate the expiry review. SOR/2000-139, s. 36; SOR/2018-87, s. 63. Review under Section 76.1 of the Special Import Measures Act 73.5 (1) If the Minister requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Tribunal must publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1). Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VI Reviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act Review under Section 76.1 of the Special Import Measures Act Sections 73.5-74 (2) The Tribunal shall send a copy of a notice of review to each person to whom and government to which the Tribunal would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. SOR/2000-139, s. 36; SOR/2018-87, ss. 64, 90. 73.6 If the Tribunal continues or amends an order or a finding under subsection 76.1(2) of the Special Import Measures Act, it must cause a notice of its decision to be published in the Canada Gazette and send a copy of the decision and the reasons for it to each party as well as to each person who was provided with the notice of review. SOR/2000-139, s. 36; SOR/2018-87, s. 65. Application of Certain Rules 73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part. (2) Rules 61.1 and 61.2 do not apply to a review under section 76.01, 76.02 or 76.1 of the Special Import Measures Act. SOR/2000-139, s. 36; SOR/2018-87, s. 66. PART VII Rulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act Application 74 This Part applies (a) to a request made to the Tribunal by the President pursuant to section 89 of the Special Import Measures Act for a ruling on the question of which of two or more persons is the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported; and (b) to a reconsideration, under paragraph 91(1)(g) of that Act, of an order or finding made by the Tribunal in an inquiry referred to in paragraph 90(c) of that Act. SOR/2000-139, s. 37; SOR/2018-87, s. 89. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VII Rulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act Application Sections 74-76 Notice of Request by President [SOR/2000-139, s. 38; SOR/2018-87, s. 89] 75 Where the President makes a request pursuant to subsection 89(1) of the Special Import Measures Act, the President (a) shall give notice of the request to (i) each of the two or more persons referred to in that subsection, (ii) if the President made the request at the request of a person interested in the importation of the goods referred to in that subsection, that person interested, and (iii) each exporter to Canada of those goods; and (b) shall file with the Tribunal a list of the names, addresses for service, telephone numbers and fax numbers, if any, of the persons given notice pursuant to paragraph (a). SOR/2000-139, s. 39; SOR/2018-87, ss. 67(E), 89, 90. Notice of Request for a Ruling 76 (1) Immediately after the list referred to in paragraph 75(b) is filed with the Tribunal, the Tribunal must cause to be published in the Canada Gazette a notice of request for a ruling setting out the following information: (a) the statutory authority for the request for a ruling; (b) the matter or thing that is the subject of the request for a ruling; (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed; (d) instructions with respect to the filing of confidential information; (e) a statement as to whether the Tribunal has or has not directed that a hearing be held; (f) where the Tribunal has directed that a hearing be held, the following information, namely, (i) the place and time fixed for commencement of the hearing or, if the place and time have not been Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VII Rulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act Notice of Request for a Ruling Sections 76-77 fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice, (ii) the date on or before which an interested person must file with the Tribunal a notice of participation, and (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the request for a ruling may be obtained; and (h) any other information that the Tribunal considers relevant to the ruling. (2) The Tribunal shall send a copy of a notice of request for a ruling to the following persons: (a) the President; and (b) each person shown on the list referred to in paragraph 75(b). SOR/2000-139, s. 40; SOR/2018-87, ss. 68, 89 to 91. Request for Reconsideration 77 A request to the Tribunal to reconsider, under paragraph 91(1)(g) of the Special Import Measures Act, an order or finding made by it in an inquiry referred to in paragraph 90(c) of that Act must be filed with the Tribunal and must set out the following information: (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of the person’s counsel, if any; (b) the nature of the person’s interest in the order or finding; (c) the grounds on which the person believes reconsideration of the order or finding is warranted and a statement of the facts on which the grounds are based; and (d) the nature of the action that the person believes the Tribunal should take pursuant to paragraph 91(3)(a) of that Act on completion of the reconsideration. SOR/2018-87, s. 69. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VII Rulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act Notice of Reconsideration Section 78 Notice of Reconsideration 78 If the Tribunal decides, on its own initiative or on request, to reconsider an order or finding under paragraph 91(1)(g) of the Special Import Measures Act, it must without delay cause to be published in the Canada Gazette a notice of reconsideration setting out the following information: (a) the statutory authority for the reconsideration; (b) the matter or thing that is the subject of the reconsideration; (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of the written submission that must be filed; (d) instructions with respect to the filing of confidential information; (e) a statement as to whether the Tribunal has or has not directed that a hearing be held; (f) where the Tribunal has directed that a hearing be held, the following information, namely, (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice, (ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a notice of participation, and (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the reconsideration may be obtained; and (h) any other information that is relevant to the reconsideration. SOR/2000-139, s. 41; SOR/2018-87, ss. 70, 90, 91. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VII Rulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act Sending of Notice Sections 79-81 Sending of Notice 79 The Tribunal shall send a copy of the notice of reconsideration referred to in Rule 78 to the following persons and governments: (a) where reconsideration of the order or finding referred to in that rule was initiated by the Tribunal at the request of a person interested, the person interested; (b) the President; (c) each domestic producer of goods that are like the goods to which the order or finding applies; and (d) all parties to the inquiry in which the order or finding was made and governments to which notice of the making of the order or finding was given by the Tribunal. (e) [Repealed, SOR/2018-87, s. 71] SOR/2000-139, s. 42; SOR/2018-87, ss. 71, 89, 90. Forwarding of Notice of Action Taken and Reasons 80 In addition to the persons referred to in paragraph 91(3)(b) of the Special Import Measures Act, the Tribunal shall forward by registered mail the notice of action taken and copies of the reasons for that action referred to in that paragraph to every other person to whom and government to which the Tribunal was required by rule 79 to send a copy of a Notice of Reconsideration. SOR/2018-87, s. 90. Application of Certain Rules 81 Rules 59 and 60 apply, with any modifications that the circumstances require, to a request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal under paragraph 91(1)(g) of that Act. SOR/2000-139, s. 43. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VIII Complaints by Domestic Producers Sections 82-83 PART VIII Complaints by Domestic Producers Application 82 This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.081), (1.09), (1.091), (1.092), (1.093), (1.094), (1.095), (1.096), (1.097), (1.098) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer. SOR/93-599, s. 1; SOR/97-67, s. 1; SOR/97-325, s. 2; SOR/2000-139, s. 44; SOR/2018-87, s. 72. Additional Information Accompanying a Written Complaint 83 (1) In addition to providing the information set out in subsections 23(2) and (3) of the Act, a complaint filed with the Tribunal shall be signed by the complainant or by the complainant’s counsel, if any, and shall be accompanied by the following information: (a) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any; (a.1) the name and description of the imported goods concerned, their tariff classification, their current tariff treatment, and the name and description of the like or directly competitive domestic goods concerned; (a.2) the locations of the establishments in which the complainant produces the domestic goods; (a.3) the percentage of domestic production of the like or directly competitive goods that the complainant accounts for and the basis for claiming that the complainant is representative of an industry; (a.4) the names and locations of all other domestic establishments in which the like or directly competitive goods are produced; (a.5) data on total domestic production of the like or directly competitive goods for each of the five most recent full years; Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VIII Complaints by Domestic Producers Additional Information Accompanying a Written Complaint Section 83 (b) a list of any documents that may be useful in explaining or supporting the complaint; (c) a list of any other interested parties; (d) the actual volume of the goods imported into Canada for each of the five most recent full years that form the basis of the complaint and the effect of the imported goods on the prices of like or directly competitive goods in Canada, including (i) whether there has been a significant increase in the importation into Canada of the goods, either absolutely or relative to the production in Canada of like or directly competitive goods, (ii) whether the prices of the goods imported into Canada have significantly undercut the prices of like or directly competitive goods produced and sold in Canada, and (iii) whether the effect of the importation into Canada of the goods has been (A) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or (B) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada; and (e) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada and all relevant economic factors and indices that have a bearing on the industry that comprises or includes the like or directly competitive goods, including, without limiting the generality of the foregoing, (i) actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments, and (ii) factors affecting domestic prices. (iii) [Repealed, SOR/95-13, s. 1] Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART VIII Complaints by Domestic Producers Additional Information Accompanying a Written Complaint Sections 83-84 (2) In addition to the information specified in subrule (1), information that is necessary to apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal Regulations shall be filed at the request of the Tribunal. SOR/93-599, s. 2; SOR/95-13, s. 1; SOR/2000-139, s. 45. PART IX References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act [SOR/93-599, s. 3; SOR/97-67, s. 2; SOR/97-325, s. 3; SOR/2018-87, s. 73] Application 84 This Part applies to a reference made to the Tribunal (a) pursuant to section 18 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada; (b) pursuant to section 19 of the Act, for inquiry into and report to the Minister on any tariff-related matter, except a matter referred to in Part X; (c) pursuant to section 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192 or 19.1 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods that are entitled, under the Customs Tariff, to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff, the Canada-Israel Free Trade Agreement Tariff, the Chile Tariff, the Columbia Tariff, the Costa Rica Tariff, the Panama Tariff, the Iceland Tariff, the Norway Tariff, the Switzerland-Liechtenstein Tariff, the Peru Tariff, the Jordan Tariff, the Honduras Tariff, the Korea Tariff or the Ukraine Tariff; and (d) pursuant to section 20 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods or to the provision by persons normally resident outside Canada of services in Canada. SOR/93-599, s. 4; SOR/97-67, s. 3; SOR/97-325, s. 4; SOR/98-39, s. 1; SOR/2018-87, s. 74. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IX References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act Application Sections 84-85 Notice of Inquiry 85 If under section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act, a matter is referred to the Tribunal for inquiry and report, the Tribunal must cause to be published in the Canada Gazette a notice of inquiry setting out the following information: (a) the statutory authority for the inquiry; (a.1) the name of the complainant; (b) the imported goods that are the subject of the inquiry, including their tariff classification; (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed; (d) instructions with respect to the filing of confidential information; (e) a statement as to whether the Tribunal has or has not directed that a hearing be held; (f) where the Tribunal has directed that a hearing be held, the following information, namely, (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice, (ii) the date on or before which any person interested in the matter must file with the Tribunal a notice of participation, and (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained and non-confidential documents filed in the course of the inquiry may be inspected, as well as the name, Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IX References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act Notice of Inquiry Sections 85-88 address and telephone number of the office to be contacted for more information; and (h) any other information that is relevant to the inquiry. SOR/93-599, s. 5; SOR/97-67, s. 4; SOR/97-325, s. 5; SOR/2000-139, s. 46; SOR/2018-87, ss. 75, 90, 91. Sending of Notice 86 The Tribunal shall send a copy of a notice of inquiry referred to in rule 85 to (a) where the inquiry is in relation to goods, all domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Tribunal; (b) where the inquiry is in relation to the provision of services, all persons who provide the services in Canada who are known to the Tribunal; (c) the government of any country that is considered by the Tribunal to have an interest in the inquiry; and (d) any trade association that appears to the Tribunal to have a particular interest in the inquiry. (e) [Repealed, SOR/2018-87, s. 76] SOR/2000-139, s. 47; SOR/2018-87, ss. 76, 90, 92(F). Hearing to be Held 87 (1) Notwithstanding that a notice of inquiry referred to in rule 85 states that the Tribunal has not directed that a hearing be held, the Tribunal may, at any time after publication of the notice in the Canada Gazette, direct that a hearing be held if, at any time after that publication, it considers that the holding of a hearing is necessary or desirable. (2) If, under subrule (1), the Tribunal directs that a hearing be held, it must cause to be published in the Canada Gazette a notice setting out that it has so directed. (3) Any notice given pursuant to subrule (2) shall include the information set out in paragraph 78(f). SOR/2018-87, s. 77. Application of Certain Rules 88 Rules 59 and 60 apply, with any modifications that the circumstances require, to an inquiry conducted by Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART IX References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act Application of Certain Rules Sections 88-89 the Tribunal in connection with a standing reference to which this Part applies. SOR/2000-139, s. 48. PART X References Under Section 19 and Reviews Under Section 19.02 of the Act Application 89 This Part applies in respect of (a) a standing reference made to the Tribunal under section 19 of the Act by the Minister for inquiry and report into (i) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the General Preferential Tariff and that are being imported into Canada at the General Preferential Tariff rates of customs duty under section 33 of the Customs Tariff, or that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Least Developed Country Tariff and that are being imported into Canada at the Least Developed Country Tariff rates of customs duty under section 37 of the Customs Tariff, are causing or threatening injury to that producer, or (ii) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Commonwealth Caribbean Countries Tariff and that are being imported into Canada at the Commonwealth Caribbean Countries Tariff rates of customs duty under section 41 of the Customs Tariff, are causing or threatening injury to that producer; and (b) a review made under section 19.02 of the Act. SOR/98-39, s. 2; SOR/2000-139, s. 48. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART X References Under Section 19 and Reviews Under Section 19.02 of the Act Complaints by Producers Sections 90-91 Complaints by Producers 90 (1) A written complaint by a domestic producer referred to in paragraph 89(a) shall be (a) signed by the complainant or by the complainant’s counsel; and (b) [Repealed, SOR/2018-87, s. 78] (c) accompanied by the following information: (i) the facts on which the allegations are based, (ii) the nature of the relief sought, (iii) the goods in issue, (iv) the sources from which the goods are being imported at preferential rates, (v) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any, (vi) a list of any documents that may be useful in explaining or supporting the complaint, (vii) a list of any other domestic producers of the goods referred to in the complaint, indicating which, if any, of those producers support the complaint, (viii) the information referred to in paragraphs 83(d) and (e), and (ix) such other information as is available to the complainant to prove the facts referred to in subparagraph (i). (2) If the Tribunal determines that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the domestic producer has suffered, or may suffer, injury as a result of imports occurring or that might occur under the tariff preferences referred to in paragraph 89(a), the Tribunal shall commence an inquiry into the complaint. SOR/2000-139, s. 49; SOR/2018-87, s. 78. Notice of Expiration 91 If a temporary safeguard measure that has been implemented by the Government of Canada to prevent or remedy the injury caused to domestic producers by imports under the tariff preferences referred to in Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART X References Under Section 19 and Reviews Under Section 19.02 of the Act Notice of Expiration Sections 91-92.1 paragraph 89(a) is scheduled to expire, the Tribunal must, in order for it to receive and review written submissions that may be made by interested parties in relation to the future status of the measure, cause to be published in the Canada Gazette, not later than 10 months before the measure is scheduled to expire, a notice of expiry that sets out the following information: (a) the date on which the measure is scheduled to expire; (b) the statutory authority for the review of the measure; (c) the date on or before which any written submissions must be filed; (d) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review of the measure may be obtained; and (e) any other information that is relevant to the measure. SOR/2000-139, s. 50; SOR/2018-87, s. 79. Application of Certain Rules 92 Rules 59, 60 and 85 to 87 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies. SOR/2000-139, s. 51. Notice of Review Under Section 19.02 of the Act 92.1 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, it must cause to be published in the Canada Gazette, not later than five months before the review, a notice of review that sets out the following information: (a) the statutory authority for the review of the safeguard measure; (b) the date of the mid-point of the safeguard measure to be reviewed; (c) the subject-matter of the review; (d) the date on or before which a notice of participation or any written submissions must be filed; Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART X References Under Section 19 and Reviews Under Section 19.02 of the Act Notice of Review Under Section 19.02 of the Act Sections 92.1-93 (e) the address of the Tribunal for the filing or service of documents and where information in respect of the review may be obtained; and (f) any other information that the Tribunal considers relevant to the review. SOR/2000-139, s. 51; SOR/2018-87, s. 80. Sending of Notice of Mid-term Review 92.2 The Tribunal must send a copy of the notice of mid-term review referred to in rule 92.1 to other interested parties. SOR/2000-139, s. 51; SOR/2018-87, s. 81. Disposal of Mid-term Review 92.3 A mid-term review referred to in rule 92.1 shall be decided on the basis of a hearing by way of written submissions unless the Tribunal, on its own initiative or on the written request of a party, decides to proceed by way of a hearing at which the parties or their counsel appear before the Tribunal or by way of an electronic hearing. SOR/2000-139, s. 51. Application of Certain Rules 92.4 Rules 59 and 60 apply, with any modifications that the circumstances require, to a review referred to in rule 92.1. SOR/2000-139, s. 51. PART XI Inquiries into Procurement Complaints by Potential Suppliers Definition 93 In this Part working day means a day that is not a Saturday or a holiday. SOR/93-601, s. 3; SOR/2000-139, s. 52; SOR/2018-87, s. 82. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XI Inquiries into Procurement Complaints by Potential Suppliers Application Sections 94-101 Application 94 This Part applies in respect of inquiries into complaints filed with the Tribunal by potential suppliers under subsection 30.11(1) of the Act. SOR/93-601, s. 3; SOR/2000-139, s. 53(E); SOR/2018-87, s. 83. Computation of Time 95 In this Part where anything is to be done within eight days or less, any day within that period that is not a working day shall not be counted. SOR/93-601, s. 3. Day of Filing of Complaints 96 (1) A complaint shall be considered to have been filed (a) on the day it was received by the Tribunal; or (b) in the case of a complaint that does not comply with subsection 30.11(2) of the Act, on the day that the Tribunal receives the information that corrects the deficiencies in order that the complaint comply with that subsection. (2) For the purpose of subrule (1), the day of receipt is the day stamped on the complaint or on the document containing the information that corrects the deficiencies. SOR/93-601, s. 3; SOR/2000-139, s. 54; SOR/2018-87, s. 84. 97 [Repealed, SOR/2018-87, s. 85] 98 [Repealed, SOR/2018-87, s. 85] 99 [Repealed, SOR/2018-87, s. 85] Sending of Complaint 100 If the Tribunal decides to conduct an inquiry under subsection 30.13(1) of the Act, it must, without delay send a copy of the complaint to the government institution. SOR/93-601, s. 3; SOR/2018-87, s. 85. Notice of Decision Not To Inquire 101 If the Tribunal decides not to conduct an inquiry for reasons other than those set out in subsection 30.13(5) of the Act, it must without delay notify, in writing, the complainant, the relevant government institution and any Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XI Inquiries into Procurement Complaints by Potential Suppliers Notice of Decision Not To Inquire Sections 101-103 other party that the Tribunal considers to be an interested party. SOR/93-601, s. 3; SOR/2000-139, s. 55; SOR/2002-402, s. 8(F); SOR/2006-161, s. 6; SOR/ 2018-87, s. 85. Exchange of Information 102 If a designated contract that is the subject of a complaint has been awarded, the following rules apply: (a) the government institution must, without delay upon being notified of the complaint, file with the Tribunal in writing (i) the name and postal and email addresses of the contractor to whom the designated contract was awarded, and (ii) if known by the government institution, the name of a representative of the contractor; and (b) the Tribunal must, without delay after receipt of the information, send the contractor a copy of all the information provided to the Tribunal as part of the complaint that has not been designated as confidential under section 46 of the Act. SOR/93-601, s. 3; SOR/2018-87, s. 85. Government Institution Report 103 (1) Subject to subrule 107(5), the government institution must, not later than 25 days after the first working day following the receipt of a copy of the complaint referred to in rule 100, file with the Tribunal a report containing a copy of (a) the solicitation, including the specifications or portions of it that are relevant to the complaint; (b) all other documents that are relevant to the complaint; (c) a statement that sets out all findings, actions and recommendations of the government institution and that responds fully to all allegations that are contained in the complaint; and (d) any additional evidence or information that may be necessary to resolve the complaint. (2) A copy of the complaint is considered to be received by a government institution only when the government institution is in receipt of all of the documents contained Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XI Inquiries into Procurement Complaints by Potential Suppliers Government Institution Report Sections 103-106 in the complaint, including all documents that contain confidential information. SOR/93-601, s. 3; SOR/2000-139, s. 56; SOR/2018-87, s. 85. Comments on Government Institution Report 104 Subject to subrule 107(5), the complainant must, within seven days after receipt of a copy of the report referred to in subrule 103(1), file with the Tribunal any comments on the report or make a written request to have the case decided on the basis of the existing record. SOR/93-601, s. 3; SOR/2000-139, s. 57; SOR/2018-87, s. 85. Extension of Time Limits 104.1 (1) A party to a complaint may make a written request to the Tribunal for an extension of a time limit set out in this Part. The party must set out in the request the reasons for the extension and notify all other parties of the request. (2) The Tribunal must determine, in writing, whether the circumstances of the complaint warrant granting the extension and, if appropriate, must fix a new time limit. (3) If the Tribunal, on its own initiative, considers that the circumstances of a complaint warrant the extension of a time limit set out in this Part, the Tribunal must fix a new limit in writing. SOR/2018-87, s. 85. Hearing of Complaints [SOR/2000-139, s. 58] 105 (1) The Tribunal may, in respect of the merits of a complaint or any matter that is relevant to the consideration of the complaint and on the written request of a party or on its own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear in person before the Tribunal. (2) A request for a hearing must be submitted as soon as possible during the course of the proceeding. (3) The Tribunal must set a date, time and place for the hearing and notify the parties of them. (4) The Tribunal must give notice to the parties of the subject-matter of the hearing. SOR/93-601, s. 3; SOR/2000-139, s. 59; SOR/2018-87, s. 85. 106 [Repealed, SOR/2000-139, s. 60] Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XI Inquiries into Procurement Complaints by Potential Suppliers Express Option Sections 107-109 Express Option 107 (1) If the complainant or the government institution requests an expeditious determination of a complaint, the Tribunal must consider the feasibility of using the express option procedure set out in subrule (5). (2) The Tribunal may apply the express option in the case of any complaint that is suitable for resolution within 45 days. (3) A request for the express option must be made in writing and submitted to the Tribunal without delay. (4) The Tribunal must determine whether or not to apply the express option and must notify the complainant, the government institution and any interveners of the determination. (5) Where the express option is applied, the time limits set out in this Part for filing documents shall not apply and the following procedure shall be followed: (a) the government institution must, within 10 working days after the day on which it is notified by the Tribunal that the express option is to be applied, file with the Tribunal a report on the complaint containing the documents referred to in subrule 103(1); (b) the complainant must, within five days after receipt of a copy of the report, file with the Tribunal comments on the report or make a written request to have the case to be decided on the basis of the existing record; (c) and (d) [Repealed, SOR/2018-87, s. 86] (e) the Tribunal shall issue a determination on the complaint within 45 days after determining that the express option will be applied. SOR/93-601, s. 3; SOR/2000-139, s. 61; SOR/2018-87, s. 86. 108 [Repealed, SOR/2018-87, s. 87] PART XII Extension Inquiries Under Section 30.07 of the Act Application 109 This Part applies in respect of an extension inquiry under section 30.07 of the Act. SOR/2000-139, s. 62. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XII Extension Inquiries Under Section 30.07 of the Act Notice of Expiry Sections 110-111 Notice of Expiry 110 If the Tribunal is required to publish a notice of expiry under subsection 30.03(1) of the Act in respect of an order referred to in that subsection, the notice shall be published in the Canada Gazette not later than eight months before the expiry date and shall set out (a) the date on which the order is scheduled to expire; (b) the date on or before which written submissions must be filed by interested parties requesting or opposing an extension inquiry; (c) the address of the Tribunal for the filing or service of documents and where information in respect of the extension inquiry may be obtained; (d) the number of copies of each written submission that must be filed; (e) instructions in respect of the filing of confidential information; and (f) any other relevant information that the Tribunal may require. SOR/2000-139, s. 62. Request for Extension 111 A request for an extension inquiry filed with the Tribunal shall be signed by the requester or by their counsel, if any, and, in addition to providing the information required by section 30.05 of the Act, shall be accompanied by the following information: (a) the name, address and telephone and fax numbers, if any, of the requester or their counsel; (b) the name and description of the imported goods and the like or directly competitive goods; (c) the names of the domestic producers on whose behalf the request is being made and the proportion of total domestic production of like or directly competitive goods that is produced by them; (d) any information that is necessary to address the matters raised in subsection 4(1) and section 6 or 7 of the Canadian International Trade Tribunal Regulations and subsection 30.03(2) of the Act, as the case may be; and Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XII Extension Inquiries Under Section 30.07 of the Act Request for Extension Sections 111-113 (e) a statement indicating why the order that is the subject of the extension inquiry continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods. SOR/2000-139, s. 62. 112 If a notice is provided under subsection 30.06(3) of the Act, the Tribunal shall give the other interested parties referred to in that subsection an opportunity to make representations to the Tribunal concerning the request referred to in rule 111. SOR/2000-139, s. 62. 113 If the Tribunal commences an extension inquiry, the notice published under subsection 30.07(2) of the Act shall set out the following information: (a) the statutory authority for the extension inquiry; (b) the subject-matter of the extension inquiry, together with any other relevant details of the extension inquiry that the Tribunal directs; (c) the date on or before which an other interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (e) the date on or before which written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the address of the Tribunal to which written submissions or correspondence may be sent or delivered and at which information in respect of the extension inquiry may be obtained; (i) the place and time fixed for the commencement of a hearing in the extension inquiry; and (j) any other information that the Tribunal considers relevant to the extension inquiry. SOR/2000-139, s. 62; SOR/2002-402, s. 9(E); SOR/2006-161, s. 7; SOR/2018-87, ss. 88, 91. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules PART XII Extension Inquiries Under Section 30.07 of the Act Application of Certain Rules Section 114 Application of Certain Rules 114 Rules 59 and 60 apply, with any modifications that the circumstances require, in respect of an extension inquiry conducted by the Tribunal under this Part. SOR/2000-139, s. 62. Current to June 20, 2022 Last amended on April 26, 2018 Canadian International Trade Tribunal Rules SCHEDULE SCHEDULE [Repealed, SOR/2000-139, s. 63] Current to June 20, 2022 Last amended on April 26, 2018
CONSOLIDATION Critical Habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) Order SOR/2020-27 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2020-27 February 17, 2020 SPECIES AT RISK ACT Critical Habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) Order Whereas the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, has consulted the wildlife management board in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) Order. Ottawa, February 13, 2020 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) Order La ministre des Pêc Bernadett Minister of Fishe Current to June 20, 2022 Critical Habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Vananda Creek Benthic Threespine Stickleback (Gasterosteus aculeatus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Western Silvery Minnow (Hybognathus argyritis) Order SOR/2019-2 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Western Silvery Minnow (Hybognathus argyritis) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2019-2 December 19, 2018 SPECIES AT RISK ACT Critical Habitat of the Western Silvery Minnow (Hybognathus argyritis) Order Whereas the Western Silvery Minnow (Hybognathus argyritis) is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Western Silvery Minnow (Hybognathus argyritis) Order. Ottawa, December 14, 2018 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Western Silvery Minnow (Hybognathus argyritis) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Western Silvery Minnow (Hybognathus argyritis), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canada–Newfoundland and Labrador Offshore Area Registration Regulations SOR/88-263 Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Regulations Respecting the Administration and Registration of Interests and Instruments in Relation to the Newfoundland Offshore Area and Prescribing Fees to Be Paid in Respect of Such Interests and Instruments 1 Short Title Interpretation Registrar Deputy Registrar Interests Documents Office Searches Corrections Demand for Information Notice Surrender of Interests Appointment of a Representative SCHEDULE Current to June 20, 2022 Last amended on February 27, 2016 ii Registration SOR/88-263 May 5, 1988 CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT Canada–Newfoundland and Labrador Offshore Area Registration Regulations P.C. 1988-828 May 5, 1988 Whereas, pursuant to subsection 150(1) of the Canada-Newfoundland Atlantic Accord Implementation Act*, a copy of proposed Regulations respecting the administration and registration of interests and instruments in relation to the Newfoundland offshore area and prescribing fees to be paid in respect of such interests and instruments, substantially in the form annexed hereto, was published in the Canada Gazette Part I on January 23, 1988 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Energy, Mines and Resources with respect thereto; And Whereas, pursuant to section 7 of the CanadaNewfoundland Atlantic Accord Implementation Act*, the Minister of Energy, Mines and Resources has consulted with the Minister of Energy for the Province of Newfoundland with respect to the proposed Regulations and the Minister of Energy for the Province of Newfoundland has given his approval to the making of the said Regulations. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to subsections 53(1) and 113(1) and sections 118 and 125 of the Canada-Newfoundland Atlantic Accord Implementation Act*, is pleased hereby to make the annexed Regulations respecting the administration and registration of interests and instruments in relation to the Newfoundland offshore area and prescribing fees to be paid in respect of such interests and instruments, effective May 20, 1988. * S.C. 1987, c. 3 Current to June 20, 2022 Last amended on February 27, 2016 Regulations Respecting the Administration and Registration of Interests and Instruments in Relation to the Newfoundland Offshore Area and Prescribing Fees to Be Paid in Respect of Such Interests and Instruments Short Title 1 These Regulations may be cited as the Canada–Newfoundland and Labrador Offshore Area Registration Regulations. SOR/2016-21, s. 16. Interpretation 2 In these Regulations, Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. SOR/2007-227, s. 1; 2014, c. 13, s. 116. Registrar 3 The Registrar shall supervise the operation of the system of registration established under Division VIII of Part II of the Act in accordance with that Division and these Regulations. Deputy Registrar 4 (1) In the absence of the Registrar, the Deputy Registrar shall have the powers and perform the duties and functions of the Registrar. (2) Where, at any time, no person is designated by the Board to be the Registrar, the Deputy Registrar shall have the powers and perform the duties and functions of the Registrar. SOR/2007-227, s. 2(F). Interests 5 (1) On registering an interest, the Registrar shall prepare an abstract of the interest and without delay enter the abstract in a book to be maintained as the register. (2) The abstract shall contain the following information: (a) the type, effective date and term of the interest; Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Area Registration Regulations Interests Section 5 (b) the name of the interest owner or, if the interest owner consists of two or more interest holders, the name of each holder and the name of the representative appointed or designated under section 53 of the Act; (c) the particulars of the shares in the interest; and (d) a description of those portions of the offshore area, geological formations and substances to which the interest applies. (3) [Repealed, SOR/2007-227, s. 3] (4) Where an interest referred to in section 109 of the Act is registered, the abstract for that interest shall contain a notation of the registration of each instrument that applies to the interest by virtue of that section. (5) The Registrar shall record in the abstract of the relevant interest (a) changes to the information recorded in the abstract, other than the corrections referred to in subsection 9(2); (b) every order, decision or action of the Board made in relation to that interest that is expressly stated in the Act to be subject to section 124 of the Act; (c) every order made pursuant to section 56 of the Act in relation to that interest; (d) every notice given by the Board pursuant to subsection 79(1) or 123(1) of the Act in relation to that interest; and (e) the extension of the term of that interest under any provision of the Act. (6) Where an interest expires or is cancelled, the Registrar shall endorse a memorandum to that effect on the original copy of that interest maintained pursuant to paragraph 7(2)(a) and shall make a notation of the expiration or cancellation in the abstract of that interest. (7) Where two or more interests are consolidated pursuant to subsection 68(3) or section 82 of the Act, the Registrar shall prepare an abstract of the consolidated interest and forthwith enter that abstract in the register. (8) Each abstract entered in the register pursuant to subsection (7) shall contain the notations made in the abstracts of the interests that have been consolidated. SOR/2007-227, s. 3. Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Area Registration Regulations Documents Sections 6-7 Documents [SOR/2007-227, s. 4] 6 (1) The Registrar shall stamp each document submitted for registration under Division VIII of Part II of the Act with the date and time of its receipt at the office of the Registrar. (2) The Registrar shall keep a record to be called “the daybook” and, forthwith on receipt of a document submitted for registration, shall record therein in chronological order (a) the type and date of the document; (b) the name of the person submitting the document; and (c) the date and time of receipt of the document at the office of the Registrar. (3) Where the Registrar refuses to register a document, the Registrar shall forthwith record in the daybook with respect to that document the fact of the refusal. (4) Where the Registrar accepts a document for registration as an instrument, the Registrar shall forthwith (a) register the instrument; (b) make a notation of the registration of the instrument in the abstract of each interest to which the instrument relates; and (c) record in the daybook with respect to that instrument the fact of the registration. (5) Where the registration of an instrument is cancelled pursuant to any provision of the Act or these Regulations, the Registrar shall make a notation of the cancellation in each abstract in which a notation of the registration of the instrument appears. SOR/2007-227, s. 5(F). Office 7 (1) The office of the Registrar shall be located at St. John’s and shall be kept open from 9:00 a.m. to 4:00 p.m. Monday to Friday, with the exception of statutory holidays on which days the offices of the Board in St. John’s are closed. (2) The Registrar shall maintain at the office of the Registrar Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Area Registration Regulations Office Sections 7-9 (a) the original copies of every interest and instrument registered under Division VIII of Part II of the Act; (b) the register; and (c) the daybook. Searches 8 (1) Any person may, at the office of the Registrar, inspect the daybook, the register and any copies of any interest or instrument registered under Division VIII of Part II of the Act. (2) The Registrar shall furnish to the person making the request a certified exact copy of (a) any interest or instrument registered under Division VIII of Part II of the Act; and (b) the abstract of any interest. (3) The Registrar may, for the purposes of subsection (2), certify that an enlarged print made from a microphotographic film or an electronic or magnetic recording of an abstract, interest or instrument is an exact copy of the abstract, interest or instrument. SOR/2016-21, s. 17. Corrections 9 (1) The Registrar shall cancel the registration of any interest registered in error and shall forthwith notify the interest owner, the representative appointed or designated under section 53 of the Act, if any, and any other person that is directly affected by the cancellation. (2) Where the particulars of any interest, instrument or other matter required by these Regulations to be recorded or noted in an abstract have not been recorded or noted or have been recorded or noted incorrectly, the Registrar shall forthwith correct the omission or error when the omission or error becomes known to the Registrar. (3) The Registrar shall send a certified exact copy of each abstract corrected pursuant to subsection (2) to (a) the interest owner of the interest to which the corrected abstract relates or, where a representative has been appointed or designated pursuant to section 53 of the Act, to the representative; and (b) the secured party under each security notice registered in respect of the interest to which the corrected Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Area Registration Regulations Corrections Sections 9-12.1 abstract relates that has not been fully discharged as of the time of the correction. SOR/2007-227, s. 6. Demand for Information 10 Those persons that have written authorization from a person referred to in paragraph 113(1)(a), (b) or (c) of the Act to serve a demand for information are members of a prescribed class for the purposes of subsection 113(1) of the Act. Notice 11 Unless otherwise specified in the Act, a notice that is required to be given to a person by the Board or the Registrar under Part II of the Act shall be given by personal service or by registered mail sent to the latest address for that person that is filed with the Registrar. SOR/2007-227, s. 7. Surrender of Interests 12 (1) An interest may be surrendered with respect to all or any portion of the offshore area that is subject to the interest by sending a notice of surrender to the Registrar describing the offshore area in question. (2) A notice of surrender of an interest in respect of all the offshore area subject to the interest shall be executed by the interest owner or, if the interest owner consists of more than one interest holder, by each holder. (3) A notice of surrender of an interest in respect of a portion of the offshore area that is subject to the interest shall be executed by the interest owner or by the holder of each share in the interest held in respect of that portion. SOR/2007-227, s. 8. 12.1 If an interest is surrendered, the Registrar shall endorse a memorandum to that effect on the original copy of that interest maintained under paragraph 7(2)(a) and shall make a notation of the surrender in the abstract of that interest. SOR/2007-227, s. 8. Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Area Registration Regulations Appointment of a Representative Sections 13-14 Appointment of a Representative 13 (1) Interest holders shall appoint a representative referred to in subsection 53(1) of the Act by sending a notice of appointment executed by each interest holder to the Registrar. (2) Where there is a change in the name or address of a representative referred to in subsection (1), the representative shall notify the Registrar forthwith of the change. (3) If the interest holders terminate the appointment of a representative referred to in subsection 53(1) of the Act, the interest holders shall, without delay, provide the Registrar with a notice of termination, and the termination shall be effective when the notice is received by the Registrar. SOR/2007-227, s. 9. 14 [Repealed, SOR/2016-21, s. 18] Current to June 20, 2022 Last amended on February 27, 2016 Canada–Newfoundland and Labrador Offshore Area Registration Regulations SCHEDULE SCHEDULE [Repealed, SOR/2016-21, s. 19] Current to June 20, 2022 Last amended on February 27, 2016
CONSOLIDATION Canada Oil and Gas Operations Financial Requirements Regulations SOR/2016-26 Current to June 20, 2022 Last amended on February 27, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 27, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 27, 2016 TABLE OF PROVISIONS Canada Oil and Gas Operations Financial Requirements Regulations Definitions 1 Definitions Financial Resources 2 Proof of financial resources Financial Responsibility 3 Requirements of pooled fund Reimbursement into pooled fund Board Recommendation Regarding Lesser Financial Requirements 5 Circumstances relating to recommendation Coming into Force *6 S.C. 2015. c. 4 Current to June 20, 2022 Last amended on February 27, 2016 ii Registration SOR/2016-26 February 19, 2016 CANADA OIL AND GAS OPERATIONS ACT Canada Oil and Gas Requirements Regulations P.C. 2016-74 Operations Financial February 19, 2016 Whereas, pursuant to subsection 15(1) of the Canada Oil and Gas Operations Acta, a copy of the proposed Canada Oil and Gas Operations Financial Requirements Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 11, 2015 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources and the Minister of Indian Affairs and Northern Development, pursuant to subsection 14(1)b of the Canada Oil and Gas Operations Acta, makes the annexed Canada Oil and Gas Operations Financial Requirements Regulations. a R.S., c. O-7; S.C. 1992, c. 35, s. 2 b S.C. 2015, c. 4, ss. 14(1) to (3) Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Financial Requirements Regulations Definitions Definitions 1 The following definitions apply in these Regulations. Act means the Canada Oil and Gas Operations Act. (Loi) Board means the National Energy Board. (Office) Financial Resources Proof of financial resources 2 (1) For the purposes of subsection 26.1(1) of the Act, the proof that an applicant has the necessary financial resources is to be made by the applicant providing the Board with a statement of its net assets or of funding arrangements that it has made that demonstrates to the Board’s satisfaction that it is able to pay the applicable amount referred to in that subsection. Substantiating documents (2) The statement must be accompanied by one or more of the following documents that substantiate it: (a) the applicant’s most recent audited annual financial statement and, if the applicant has been given a credit rating by a credit rating agency that is current at the time the application is made, a document that indicates that credit rating; (b) a promissory note; (c) an insurance policy or a certificate of insurance; (d) an escrow agreement; (e) a letter of credit; (f) a line of credit agreement under which funds identified in the statement are available; (g) a guarantee agreement; (h) a security bond or pledge agreement or an indemnity bond or suretyship agreement. Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Financial Requirements Regulations Financial Resources Sections 2-3 Audited statement and documents (3) For greater certainty, the Board may require that the statement and substantiating documents be audited by a qualified independent auditor and that the applicant provide it with a report of the audit that is signed by that auditor. Financial Responsibility Requirements of pooled fund 3 (1) A pooled fund that is established for the purposes of subsection 27(1.01) of the Act must be located and administered in Canada. Permitted uses (2) The fund is to be used only to make payments under subsection 27(2) of the Act. However, the fund may be used to make payments (a) under subsection 163(2) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, if it is also established for the purposes of subsection 163(1.01) of that Act; (b) under subsection 158(2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, RSNL 1990, c. C-2, if it is also established for the purposes of subsection 158(1.1) of that Act; (c) under subsection 168(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, if it is also established for the purposes of subsection 168(1.01) of that Act; or (d) under subsection 160(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, SNS 1987, c. 3, if it is also established for the purposes of subsection 160(1A) of that Act. Payment on demand (3) Moneys that are required to be paid out of the fund must be paid by the administrator of the fund on demand. Obligations of administrator (4) The administrator of the fund must (a) every year, provide the Board with an audited financial statement that demonstrates that the fund has been maintained at a minimum of $250 million or at the higher minimum amount set by regulation; Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Financial Requirements Regulations Financial Responsibility Sections 3-5 (b) notify the Board within 24 hours of the addition of a participant to, or withdrawal of a participant from, the fund or of any change in the amount of the fund, other than one that is solely attributable to an interest charge or a banking fee; (c) notify the Board of a contravention by a participant in the fund of their obligation under subsection 27(1.1), (1.2) or (5) of the Act within 24 hours after they become aware of the contravention; and (d) provide the Board with the phone number, email address and mailing address of their contact person. Reimbursement into pooled fund 4 For the purposes of subsection 27(5) of the Act, the reimbursement into the pooled fund of an amount that is paid out of it must be made within seven days after the day on which the payment is made. Board Recommendation Regarding Lesser Financial Requirements Circumstances relating to recommendation 5 (1) For the purposes of subsection 27.1(1) of the Act, the Board may make a recommendation to the Minister in respect of an applicant if the Board is satisfied that the estimated total of the losses, damages, costs and expenses — other than losses of non-use value — for which the applicant may be liable under paragraphs 26(1)(b) and (2)(b) of the Act in connection with the proposed work or activity to which the application pertains is less than the amount referred to in paragraph 26(2.2)(a) or (d) of the Act. Recommendation (2) The recommendation must identify the hazards that are relevant to the proposed work or activity and must include an assessment of the risks associated with each event that could occur in connection with each of those hazards and that could result in debris, in a spill or in an authorized discharge, emission or escape of oil or gas. Required information (3) The following information must accompany the recommendation: Current to June 20, 2022 Last amended on February 27, 2016 Canada Oil and Gas Operations Financial Requirements Regulations Board Recommendation Regarding Lesser Financial Requirements Sections 5-6 (a) the estimated total of the losses, damages, costs and expenses referred to in subsection (1); (b) the recommended amount that is less than the amount referred to in paragraph 26(2.2)(a) or (d) or 27(1)(a) of the Act, as the case may be; (c) a summary of the reasons for the recommendation; (d) a summary of any information provided by the applicant to the Board that the Board considers to be pertinent; and (e) any information requested by the Minister. Additional information (4) The Board may submit to the Minister any other information that it considers to be pertinent. Coming into Force S.C. 2015. c. 4 6 These Regulations come into force on the day on which section 20 of the Energy Safety and Security Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force February 27, 2016.] Current to June 20, 2022 Last amended on February 27, 2016
CONSOLIDATION CCOFTA Rules of Origin Regulations SOR/2011-131 Current to June 20, 2022 Last amended on August 15, 2011 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 15, 2011. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 15, 2011 TABLE OF PROVISIONS CCOFTA Rules of Origin Regulations 1 Rules of Origin *2 Coming into Force Current to June 20, 2022 Last amended on August 15, 2011 ii Registration SOR/2011-131 June 23, 2011 CUSTOMS TARIFF CCOFTA Rules of Origin Regulations P.C. 2011-733 June 23, 2011 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, hereby makes the annexed CCOFTA Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on August 15, 2011 CCOFTA Rules of Origin Regulations Rules of Origin 1 The following provisions of the Free Trade Agreement between Canada and the Republic of Colombia, signed on November 21, 2008, have the force of law in Canada: (a) Articles 301 to 305; (b) Paragraphs 1 and 2 of article 306; (c) Articles 307 to 315; (d) Article 318; and (e) Annex 301. Coming into Force 2 These Regulations come into force on the day on which section 30 of the Canada–Colombia Free Trade Agreement Implementation Act, chapter 4 of the Statutes of Canada, 2010, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force August 15, 2011, see SI/2011-55.] Current to June 20, 2022 Last amended on August 15, 2011
CONSOLIDATION Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order SOR/2022-4 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2022-4 January 18, 2022 SPECIES AT RISK ACT Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order Whereas the Gattinger’s Agalinis (Agalinis gattingeri) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of the Environment is of the opinion that the annexed Order would affect land that is under the authority of the Minister of Fisheries and Oceans and, pursuant to subsection 58(9) of that Act, has consulted with that Minister with respect to the Order; Therefore, the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order. Gatineau, January 14, 2022 Le ministre de l’ Steven G Minister of the a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Gattinger’s Agalinis (Agalinis gattingeri), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order SOR/2018-278 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order 1 Application Repeal Coming into force Current to June 20, 2022 ii Registration SOR/2018-278 December 13, 2018 SPECIES AT RISK ACT Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order Whereas the Killer Whale (Orcinus orca) Northeast Pacific southern resident population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, and the Minister of Fisheries and Oceans have together prepared a recovery strategy for that species; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of the Environment and the Minister of Fisheries and Oceans are of the opinion that the annexed Order would affect areas in respect of which wildlife management boards are authorized by land claims agreements to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, have consulted the wildlife management boards in question with respect to the Order; Therefore, the Minister of the Environment and the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, make the annexed Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order. Gatineau, December 11, 2018 Catherine McKenna Minister of the Environment a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order Gatineau, December 11, 2018 Jonathan Wilkinson Minister of Fisheries and Oceans Current to June 20, 2022 Critical Habitat of the Killer Whale (Orcinus orca) Northeast Pacific Southern Resident Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Killer Whale (Orcinus orca) Northeast Pacific southern resident population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Repeal 2 The Critical Habitats of the Northeast Pacific Northern and Southern Resident Populations of the Killer Whale (Orcinus orca) Order1 is repealed. Coming into force 3 This Order comes into force on the day on which it is registered. SOR/2009-68 Current to June 20, 2022
CONSOLIDATION Closely Related Corporations (GST/HST) Regulations SOR/91-21 Current to June 20, 2022 Last amended on March 22, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 22, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 22, 2017 TABLE OF PROVISIONS Closely Related Corporations (GST/HST) Regulations Interpretation Prescribed Corporations Current to June 20, 2022 Last amended on March 22, 2017 ii Registration SOR/91-21 December 18, 1990 EXCISE TAX ACT Closely Related Corporations (GST/HST) Regulations P.C. 1990-2730 December 18, 1990 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 277(1)* of the Excise Tax Act, is pleased hereby to make the annexed Regulations prescribing a corporation that is closely related to a particular corporation. * S.C. 1990, c. 45, s. 12 Current to June 20, 2022 Last amended on March 22, 2017 Closely Related Corporations (GST/HST) Regulations 1 [Repealed, SOR/2011-56, s. 2] Interpretation 2 In these Regulations, Act means the Excise Tax Act; (Loi) specified share means an issued and outstanding share of the capital stock of a corporation having full voting rights under all circumstances. (action déterminée) Prescribed Corporations 3 For the purposes of paragraph 128(1)(b) of the Act, a corporation (in this section referred to as the “other corporation”) is a prescribed corporation in relation to a particular corporation if (a) it is the case that (i) the total value and number of all specified shares of the other corporation, each of which (A) is owned by the particular corporation, (B) is owned by a corporation that is closely related to the particular corporation by reason of paragraph 128(1)(a) of the Act, (C) is owned by (I) an employee of the other corporation, of a corporation that is closely related to the other corporation by reason of paragraph 128(1)(a) of the Act, or of a corporation referred to in clause (A) or (B), or (II) a corporation in respect of which employees referred to in subclause (I) hold qualifying voting control and own not less than 90% of the total value and number of all specified shares, where the specified shares of the other corporation, or of the corporation referred to in Current to June 20, 2022 Last amended on March 22, 2017 Closely Related Corporations (GST/HST) Regulations Prescribed Corporations Section 3 subclause (II), as the case may be, that are owned by employees are shares that cannot be traded on a stock exchange and the ownership of which by an employee arose in respect of the employment of the employee, or (D) is held in trust for the benefit of the other corporation or of an employee referred to in subclause (C)(I) and cannot be traded on a stock exchange and the beneficial ownership of which by the employee arose in respect of the employment of the employee, represents not less than 90% of the total value and number of all specified shares of the other corporation, (ii) the total value and number of all specified shares of the other corporation, each of which is owned by a corporation referred to in clause (i)(A) or (B), represents not less than 50% of the total value and number of all specified shares of the other corporation; and (iii) the particular corporation would hold qualifying voting control in respect of the other corporation if the particular corporation were to own (A) all of the issued and outstanding specified shares of the capital stock of the other corporation that are included in clauses (i)(A) to (D), and (B) all of the issued and outstanding shares of the capital stock of the other corporation that are not specified shares and that would be included in clauses (i)(A) to (D) if they were specified shares; or (b) qualifying voting control in respect of the other corporation is held by, and not less than 90% of the total value and number of all specified shares of the other corporation are owned by, (i) the particular corporation, (ii) a corporation that is closely related to the particular corporation 128(1)(a) of the Act, by reason of paragraph (iii) a corporation that is a prescribed corporation in relation to the particular corporation by reason of paragraph (a), or (iv) any combination of the corporations referred to in subparagraphs (i) to (iii). SOR/93-242, s. 2(F); SOR/94-368, s. 4(F); SOR/2011-56, s. 3; 2016, c. 12, s. 95. Current to June 20, 2022 Last amended on March 22, 2017 Closely Related Corporations (GST/HST) Regulations Prescribed Corporations Section 4 4 For the purposes of paragraph 128(1)(b) of the Act, each of the following corporations is a prescribed corporation in relation to every credit union if the corporation is a registrant resident in Canada: (a) CDSL Canada Limited; and (b) CUE Datawest Ltd. SOR/2001-169, s. 2. Current to June 20, 2022 Last amended on March 22, 2017
CONSOLIDATION CJFTA Rules of Origin Regulations SOR/2012-179 Current to June 20, 2022 Last amended on October 1, 2012 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on October 1, 2012. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on October 1, 2012 TABLE OF PROVISIONS CJFTA Rules of Origin Regulations 1 Rules of Origin *2 Coming into Force Current to June 20, 2022 Last amended on October 1, 2012 ii Registration SOR/2012-179 September 20, 2012 CUSTOMS TARIFF CJFTA Rules of Origin Regulations P.C. 2012-1080 September 20, 2012 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, hereby makes the annexed CJFTA Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on October 1, 2012 CJFTA Rules of Origin Regulations Rules of Origin 1 The following provisions of the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, have the force of law in Canada: (a) Articles 4-1 and 4-2; (b) Article 4-3, paragraph 1; (c) Articles 4-4 to 4-13; (d) Article 4-15; and (e) Annex 4-1. Coming into Force 2 These Regulations come into force on the day on which section 32 of the Canada–Jordan Economic Growth and Prosperity Act, chapter 18 of the Statutes of Canada, 2012, comes into force. * * [Note: Regulations in force October 1, 2012.] Current to June 20, 2022 Last amended on October 1, 2012
Hyperlinks to provincial and territorial courts' websites Rules of provincial and territorial courts made under sections 482, 482.1 and 745.64 of the Criminal Code These rules of court are current to September 18, 2019. As of September 19, 2019, the Department of Justice Canada no longer publishes on its Justice Laws Website the rules made, by provincial and territorial courts, under sections 482 and 482.1 of the Criminal Code. In addition, the Statutory Instruments Act no longer applies to rules established for the purposes of sections 745.6 and 745.63 of the Criminal Code. For more information, please consult hyperlinks to legal information websites. https://laws-lois.justice.gc.ca/eng/Court/index.html If you wish to consult previous versions of the rules published on the Justice Laws Website, please see Previous Versions.
CONSOLIDATION Campbell River Airport Zoning Regulations SOR/84-127 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Zoning at Campbell River Airport 1 Short Title Interpretation Application General Natural Growth Disposal of Waste SCHEDULE Current to June 20, 2022 ii Registration SOR/84-127 January 26, 1984 AERONAUTICS ACT Campbell River Airport Zoning Regulations P.C. 1984-298 January 26, 1984 His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 6 of the Aeronautics Act*, is pleased hereby to approve the annexed Regulations respecting zoning at Campbell River Airport made by the Minister of Transport. * S.C. 1976-77, c. 28 Current to June 20, 2022 Regulations Respecting Zoning at Campbell River Airport Short Title 1 These Regulations may be cited as the Campbell River Airport Zoning Regulations. Interpretation 2 In these Regulations, airport means Campbell River Airport, in the District of Campbell River, in the Province of British Columbia; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part III of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition) 3 For the purposes of these Regulations, the assigned elevation of the airport reference point is deemed to be 90.65 m above sea level. Application 4 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of Current to June 20, 2022 Campbell River Airport Zoning Regulations Application Sections 4-7 the airport, which lands are more particularly described in Part II of the schedule. General 5 No person shall erect or construct on any land to which these Regulations apply any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) any approach surface; (b) the outer surface; or (c) any transitional surface. Natural Growth 6 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 5(a) to (c), the Minister may direct the owner or occupier of the land on which that object is growing to remove the excessive growth. Disposal of Waste 7 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste, edible by or attractive to birds. Current to June 20, 2022 Campbell River Airport Zoning Regulations SCHEDULE SCHEDULE PART I Description of the Airport Reference Point The airport reference point is a point distant 86.00 m measured southwesterly and at right angles to the centre line of runway 11-29 from a point thereon distant 823.18 m from the intersection of the centre line and the northwesterly end of the strip. PART II Description of the Outer Limits of Lands The boundary of the outer limits of lands, shown on Campbell River Airport Zoning Plan No. (Z) B.C. 1594, sheets 1 to 13 inclusive, dated April 12, 1983, are described as follows: All that land in Comox District in the Province of British Columbia contained within the following described boundary: COMMENCING at the southwest corner of the southwest quarter, Section 5, Township 1, Plan 552; THENCE northeasterly to the northeast corner of said southwest quarter, Section 5; THENCE easterly to the southeast corner of the south half of the northeast quarter of said Section 5; THENCE northerly to the northeast corner of the north half of the northeast quarter of said Section 5; THENCE easterly to the southeast corner of the southwest quarter of the southwest quarter, Section 9, Township 1, Plan 552; THENCE northerly to the northeast corner of the said southwest quarter of the southwest quarter, Section 9; THENCE northeasterly to the northeast corner of the north half of the southwest quarter of said Section 9; THENCE northerly to the northeast corner of the northwest quarter of said Section 9; THENCE northerly to the northeast corner of the southwest quarter of Section 16, Township 1, Plan 552; THENCE northwesterly to the southwest corner of Willow Creek Road as shown dedicated on Plan 11621; THENCE northerly to the northwest corner of said Willow Creek Road; THENCE westerly and northwesterly along the easterly boundary of Lot A, Plan 11621 to the northeast corner of said Lot A; THENCE westerly to a point on the north boundary of said Lot A, said point being the southerly production of the east boundary of Lot 14, Plan 19300; Current to June 20, 2022 Campbell River Airport Zoning Regulations SCHEDULE THENCE northerly to the most easterly northeasterly corner of Lot 1, Plan 30752; THENCE northwesterly to the most northerly corner of said Lot 1, Plan 30752; THENCE northwesterly across Erickson Road to the southeasterly corner of Lot 1, Plan 32589; THENCE southwesterly to the southwesterly corner of said Lot 1, Plan 32589; THENCE northwesterly to the southeasterly corner of Lot C, Plan 33029; THENCE southwesterly along the southerly boundaries of Lots C, B, and A, Plan 33029 to the southwesterly corner of said Lot A, Plan 33029; THENCE northerly to the northeast corner of the Fractional southwest quarter, Section 21, Township 1; THENCE northwesterly across Harrogate Road to the most easterly corner of Lot A, Plan 11598; THENCE northwesterly along the northeasterly boundaries of Lots A and B, Plan 11598 to the most northerly corner of said Lot B, Plan 11598; THENCE across Holm Road to the most easterly corner of Lot 3, Plan 29897; THENCE northwesterly along the northeasterly boundaries of Lots 3 and 4, Plan 29897 and the Remainder of District Lot 218 to the southeast corner of Lot 1, Plan 33442; THENCE westerly along the north boundary of said Remainder of District Lot 218 to the southeast corner of Lot 3, Plan 27856; THENCE northerly along the east boundaries of Lots 3, 2 and 1, Plan 27856, Lot A, Plan 16385 and Lot 5, Plan 11660 to the northeast corner of said Lot 5, Plan 11660; THENCE westerly along the north boundaries of Lots 5, 4, 3 and 2, Plan 11660 and Lots 2 and 1, Plan 28979 to the northwest corner of said Lot 1, Plan 28979; THENCE westerly across South Alder Street to the northeast corner of Lot A, Plan 37152; THENCE northerly across Hilchey Road to the southeast corner of Lot 4, Plan 37837; THENCE northerly along the east boundaries of Lots 4, 3, 2 and 1, Plan 37837 to the northeast corner of said Lot 1, Plan 37837; THENCE northerly across Parkway Road to the southeast corner of Lot 1, Plan 24133; THENCE northerly to the northeast corner of said Lot 1, Plan 24133; THENCE westerly to the northwest corner of said Lot 1, Plan 24133; THENCE westerly to the southwest corner of Parcel A (D.D. A74739); THENCE northerly to the northwest corner of said Parcel A (D.D. A74739); Current to June 20, 2022 Campbell River Airport Zoning Regulations SCHEDULE THENCE westerly to the northwest corner of the west half of the southwest quarter, Section 29, Township 1, Plan 552; THENCE northwesterly to the northeast corner of the southwest quarter of the northwesterly quarter, Section 30, Township 1, Plan 552; THENCE westerly to the northwest corner of the Fractional South half of the northwest quarter, Section 25, Township 2, Plan 552A; THENCE southerly to the southwest corner of said Fractional South half of the northwest quarter, Section 25; THENCE southwesterly to the most westerly corner of the 23 acre Part of the Fractional southeast quarter of Section 26, Township 2, Plan 552A; THENCE southwesterly to the most northerly corner of the 52 acre Part of the Fractional southeast quarter of Section 26, Township 2, Plan 552A; THENCE southerly and following the western boundary of the said 52 acre Part of the Fractional Southeast quarter of Section 26 to the point of intersection with the northwestern limit of the approach surface associated with Runway 11; THENCE on a grid bearing of 226°44′44″ and following the said northwestern limit of the approach surface to the point of intersection with the northern boundary of the northwest quarter of Section 23, Township 2, Plan 552A; THENCE westerly along the said northern boundary of the northwest quarter, Section 23, to the northwest corner of said northwest quarter, Section 23; THENCE southerly to the southwest corner of said northwest quarter, Section 23; THENCE southwesterly to the southwest corner of the southeast quarter of Section 22, Township 2, Plan 552A; THENCE southerly to the southwest corner of the Fractional Southeast quarter of Section 15, Township 2, Plan 552A; THENCE southeasterly to the southeast corner of Lot 1, Plan 26360; THENCE southeasterly to the most northerly corner of the Fractional Southeast quarter of Section 10, Township 2, Plan 552A; THENCE southerly to the southwest corner of the north half of the northwest quarter of Section 2, Township 2, Plan 552A; THENCE easterly to the northeast corner of the southwest quarter of the northwest quarter of Section 2, Township 2, Plan 552A; THENCE southerly to the southwest corner of the southeast quarter of the northwest quarter of Section 2, Township 2, Plan 552A; THENCE easterly to the southeast corner of the southwest quarter of the northeast quarter of Section 2, Township 2, Plan 552A; THENCE southerly to the southwest corner of the northeast quarter of the southeast quarter of Section 2, Township 2, Plan 552A; Current to June 20, 2022 Campbell River Airport Zoning Regulations SCHEDULE THENCE easterly to the southeast corner of the said northeast quarter of the southeast quarter of Section 2, Township 2, Plan 552A; THENCE southerly to the southwest corner of the southwest quarter of the southwest quarter of Section 1, Township 2, Plan 552A; THENCE easterly to the southeast corner of the east half of the southeast quarter of Section 1, Township 2, Plan 552A; THENCE easterly to the southwest corner of the southwest quarter of Section 5, Township 1, Plan 552, being the point of commencement. PART III Description of the Approach Surfaces The approach surfaces, shown on Campbell River Airport Zoning Plan No. (Z) B.C. 1594, sheets 1 to 13 inclusive, dated April 12, 1983, are surfaces abutting each end of the strip associated with the runway designated 11-29 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 11 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an intersection with the outer surface, thence such approach surface shall be horizontal and contiguous to the said outer surface to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 3 000 m measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being 600 m from the projected centre line; and (b) a surface abutting the end of the strip associated with runway approach 29 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an intersection with the outer surface, thence such approach surface shall be horizontal and contiguous to the said outer surface to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 3 000 m measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being 600 m from the projected centre line. PART IV Description of the Outer Surface The outer surface, shown on Campbell River Airport Zoning Plan No. (Z) B.C. 1594, sheets 1 to 13 inclusive, dated April 12, 1983, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the assigned elevation of the airport reference point, except that, where that common plane is less than 9 m above the surface of the ground, an imaginary surface is located at 9 m above the surface of the ground. Current to June 20, 2022 Campbell River Airport Zoning Regulations SCHEDULE PART V Description of the Strip The strip, shown on Campbell River Airport Zoning Plan No. (Z) B.C. 1594, sheets 1 to 13 inclusive, dated April 12, 1983, is described as a strip associated with runway 11-29 being 300 m in width, 150 m being on each side of the centre line of the runway, and 1 644 m in length. PART VI Description of Each Transitional Surface Each transitional surface, shown on Campbell River Airport Zoning Plan No. (Z) B.C. 1594, sheets 1 to 13 inclusive, dated April 12, 1983, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and centre line produced of the strip extending upward and outward from the lateral limits of the strip and its approach surfaces to an intersection with the outer surface. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek Population Order SOR/2019-123 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek Population Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2019-123 May 6, 2019 SPECIES AT RISK ACT Critical Habitat of the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek Population Order Whereas the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the action plan that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek Population Order. Ottawa, May 3, 2019 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Western Brook Lamprey (Lampetra richardsoni) Morrison Creek population, which is identified in the action plan for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Commercial Vehicle Drivers Hours of Service Regulations SOR/2005-313 Current to June 20, 2022 Last amended on June 12, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 12, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 12, 2021 TABLE OF PROVISIONS Commercial Vehicle Drivers Hours of Service Regulations 1 Interpretation Application Directors Responsibilities of Motor Carriers, Shippers, Consignees and Drivers Travelling as a Passenger — Off-duty Time Scheduling — Driving South of Latitude 60°N Application Daily Driving and On-duty Time Mandatory Off-duty Time Daily Off-duty Time Deferral of Daily Off-duty Time Ferries Splitting of Daily Off-duty Time — Single Driver Splitting of Daily Off-duty Time — Team of Drivers Cycles Cycle Reset — Off-duty Time Cycle Switching — Off-duty Time Current to June 20, 2022 Last amended on June 12, 2021 ii Commercial Vehicle Drivers Hours of Service Regulations TABLE OF PROVISIONS Scheduling — Driving North of Latitude 60°N Application Mandatory Off-duty Time Splitting of Daily Off-duty Time — Single Driver Splitting of Daily Off-duty Time — Team of Drivers Cycles Cycle Reset — Off-duty Time Cycle Switching — Off-duty Time Permits Special Permits Permits for Commercial Vehicles Other than Oil Well Service Vehicles Oil Well Service Vehicle Permits Applications for Permits Approval of Other Directors Issuance of Permits Obligations of Permit Holders Amendment, Cancellation and Suspension of Permits Emergencies and Adverse Driving Conditions ELD Records of Duty Status Electronic Logging Device Malfunction 78.1 Accounts 78.2 Certification of Record of Duty Status Current to June 20, 2022 Last amended on June 12, 2021 iv Commercial Vehicle Drivers Hours of Service Regulations TABLE OF PROVISIONS 78.3 Verification of Records of Duty Status Accreditation of ELD Certification Bodies Other Records of Duty Status Interpretation Requirement to Fill Out a Record of Duty Status Content of Records of Duty Status Possession, Distribution and Keeping of Records of Duty Status Possession of Records of Duty Status and Supporting Documents by Drivers Distribution and Keeping of Records of Duty Status Tampering Monitoring by Motor Carriers Out-of-service Declarations Inspections Proof of Authority Authority to Stop and Enter for Inspections 97.1 Obstruction Production of Records of Duty Status and Supporting Documents Repeal Coming into Force Current to June 20, 2022 Last amended on June 12, 2021 v Commercial Vehicle Drivers Hours of Service Regulations TABLE OF PROVISIONS SCHEDULE 1 Sleeper Berths SCHEDULE 2 / ANNEXE 2 Duty Status Grid / Grille des activités SCHEDULE 3 / ANNEXE 3 Receipt / Accusé de réception Current to June 20, 2022 Last amended on June 12, 2021 v Registration SOR/2005-313 October 25, 2005 MOTOR VEHICLE TRANSPORT ACT Commercial Regulations Vehicle P.C. 2005-1816 Drivers Hours of Service October 25, 2005 Whereas, pursuant to subsection 3(1) of the Motor Vehicle Transport Act, 1987a, the Minister of Transport has consulted with the government of each province affected by the annexed Regulations; Whereas, pursuant to subsection 3(1) of that Act, a copy of the proposed Commercial Vehicle Drivers Hours of Service Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on February 15, 2003, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to it; And whereas the Motor Vehicle Transport Act, 1987a was amended by An Act to Amend the Motor Vehicle Transport Act, 1987 and Other Acts as a Consequence Thereofb; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 16.1 of the Motor Vehicle Transport Actb, hereby makes the annexed Commercial Vehicle Drivers Hours of Service Regulations. a R.S., c. 29 (3rd Supp.) b S.C. 2001, c. 13 Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Motor Vehicle Transport Act. (Loi) adverse driving conditions means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them. (mauvaises conditions de circulation) co-driver means a person who is present in a commercial vehicle because of having been, or being about to be, its driver. (coconducteur) commercial vehicle means a vehicle that (a) is operated by a motor carrier and propelled otherwise than by muscular power; and (b) is a truck, tractor, trailer or any combination of them that has a registered gross vehicle weight in excess of 4 500 kg or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver. (véhicule utilitaire) cycle means (a) cycle 1, under which on-duty time is accumulated over a period of 7 days; and (b) cycle 2, under which on-duty time is accumulated over a period of 14 days. (cycle) daily log [Repealed, SOR/2019-165, s. 1] day, in respect of a driver, means a 24-hour period that begins at the hour designated by the motor carrier for the duration of the driver’s cycle. (jour ou journée) director means a federal director or a provincial director. (directeur) driver (a) means a person who drives a commercial vehicle; Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Interpretation Section 1 (b) means, in respect of a motor carrier, a person employed or otherwise engaged by the motor carrier to drive a commercial vehicle, including a self-employed driver; and (c) for the purposes of section 98, includes a co-driver. (conducteur) duty status means any of the following periods: (a) off-duty time, other than time spent in a sleeper berth; (b) off-duty time spent in a sleeper berth; (c) driving time; or (d) on-duty time, other than driving time. (activité) electronic logging device or ELD means a device or technology that automatically records a driver’s driving time and facilitates the recording of the driver’s record of duty status, and that is certified by an accredited certification body under section 79.1. (dispositif de consignation électronique ou DCE) electronic recording device [Repealed, SOR/2019-165, s. 1] emergency vehicle means a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes. (véhicule de secours) federal director means the Chief of the Motor Carriers Division of the Department of Transport. (directeur fédéral) home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of recording information related to the driver’s record of duty status, includes a temporary work site designated by the motor carrier. (gare d’attache) inspector means (a) a person designated under subsection 3(2); or (b) a peace officer within the meaning of section 2 of the Criminal Code. (inspecteur) motor carrier means a person who is engaged in the operation of an extra-provincial bus undertaking or an extra-provincial truck undertaking. (transporteur routier) off-duty time means any period other than on-duty time. (heures de repos) Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Interpretation Section 1 oil well service vehicle means a commercial vehicle that is (a) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry; and (b) used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas well facilities or for servicing and repairing those facilities. (véhicule de service de puits de pétrole) on-duty time means the period that begins when a driver begins work or is required by the motor carrier to be available to work, except if the driver is waiting to be assigned to work, and that ends when the driver stops work or is relieved of responsibility by the motor carrier, and (a) includes driving time and time spent by the driver (i) inspecting, servicing, repairing, conditioning, fuelling or starting a commercial vehicle, (ii) travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth, (iii) participating in the loading or unloading of a commercial vehicle, (iv) inspecting or checking the load of a commercial vehicle, (v) waiting before and while a commercial vehicle is serviced, loaded, unloaded or dispatched, (vi) waiting before and while a commercial vehicle or its load is inspected and the driver’s requirements are assessed, and, if relevant, the time spent taking the required remedial actions, (vii) waiting at an en-route point because of an accident or other unplanned occurrence or situation, (viii) resting in or occupying a commercial vehicle for any other purpose, except (A) time counted as off-duty time in accordance with section 10, (B) time spent in a sleeper berth, (C) time spent in a stationary commercial vehicle to satisfy the requirements of subsection 14(3), and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Interpretation Section 1 (D) time spent in a stationary commercial vehicle that is in addition to the off-duty requirements of subsection 14(3), (ix) performing any work for any motor carrier, and (x) performing yard moves of a commercial vehicle within a terminal, depot or port and that is not on a public road; and (b) does not include driving time for the driver’s personal use, if (i) the vehicle is not used in the course of the business of the motor carrier, (ii) the vehicle has been unloaded, (iii) any trailers have been unhitched, (iv) the distance travelled does not exceed 75 km in a day, (v) the driver had recorded in the record of duty status the odometer reading at the beginning and at the end of the personal use, and (vi) the driver is not the subject of an out-of-service declaration under section 91. (heures de service) out-of-service declaration means a declaration issued by a director or inspector under section 91. (déclaration de mise hors service) principal place of business means the place or places designated by the motor carrier where records of duty status and supporting documents are stored. (établissement principal) record of duty status means a record in which a driver records the information required under section 77 or 82, as the case may be, for each day. (rapport d’activités) sleeper berth [Repealed, SOR/2019-165, s. 1] supporting document means any one of the following documents or information received or prepared by a driver in the course of their duties or received or prepared by the motor carrier: (a) any electronic mobile communication record reflecting communications between a driver and a motor carrier transmitted through a driver call-in or fleet management system; Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Interpretation Sections 1-1.1 (b) any payroll record, settlement sheet or equivalent document that indicates payments to the driver; (c) any government-issued document indicating the location of the commercial vehicle; (d) any reports, receipts, records or other documentation relating to the load of the commercial vehicle, including any bill of lading, itinerary, schedule or equivalent document that indicates the origin and destination of each trip; (e) any reports, receipts, records or other documentation relating to the servicing, repairing, conditioning, fuelling, inspection or rental of the commercial vehicle; and (f) any reports, dispatch or trip records, receipts, or other documentation indicating the date, time, or location of the commercial vehicle during a trip, including arrival and departure times. (document justificatif) Technical Standard means the Technical Standard for Electronic Logging Devices, April 11, 2019, published by the Canadian Council of Motor Transport Administrators, as amended from time to time, other than provision 4.5.1.11(b)(9) of that standard. (norme technique) SOR/2019-165, s. 1; SOR/2019-165, s. 44. 1.1 (1) For the purposes of these Regulations, every reference to “HOS Regulations” in the Technical Standard shall be read as a reference to these Regulations. (2) [Repealed, SOR/2020-240, s. 1] (3) [Repealed, SOR/2020-240, s. 1] Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Interpretation Sections 1.1-3 (4) [Repealed, SOR/2020-240, s. 1] SOR/2019-165, s. 2; SOR/2020-240, s. 1. Application 2 (1) These Regulations apply to all commercial vehicles other than the following: (a) a two or three-axle commercial vehicle being used for (i) transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or (ii) a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake; (b) an emergency vehicle; and (c) a vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act. (d) [Repealed, SOR/2009-157, s. 1] (e) [Repealed, SOR/2019-165, s. 3] (2) [Repealed, SOR/2019-165, s. 3] SOR/2009-157, s. 1; SOR/2019-165, s. 3. Directors 3 (1) The minister responsible for highway safety in a province may designate a person to exercise in the province the duties and functions of a director for the purposes of these Regulations. (2) A director may designate inspectors for the purposes of these Regulations. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Responsibilities of Motor Carriers, Shippers, Consignees and Drivers Sections 4-11 Responsibilities of Motor Carriers, Shippers, Consignees and Drivers 4 No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive and no driver shall drive if (a) [Repealed, SOR/2019-165, s. 4] (b) driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier; (c) the driver is the subject of an out-of-service declaration; or (d) the driver, in doing so, would not be in compliance with these Regulations. SOR/2019-165, s. 4. [5 to 9 reserved] Travelling as a Passenger — Off-duty Time 10 If a driver who has, at the request of the motor carrier by whom the driver is employed or otherwise engaged, spent time travelling as a passenger, by any mode of transportation, to the destination at which the driver will begin driving takes 8 consecutive hours of off-duty time before beginning to drive, the time spent as a passenger shall be counted as off-duty time. SOR/2020-240, s. 2. Scheduling — Driving South of Latitude 60°N Application 11 Sections 12 to 29 apply in respect of driving south of latitude 60°N. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving South of Latitude 60°N Daily Driving and On-duty Time Sections 12-14 Daily Driving and On-duty Time 12 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time in a day. (2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on-duty time in a day. Mandatory Off-duty Time 13 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off-duty time before driving again. (2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on-duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again. (3) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after 16 hours of time have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time. Daily Off-duty Time 14 (1) A motor carrier shall ensure that a driver takes and the driver shall take at least 10 hours of off-duty time in a day. (2) Off-duty time other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no less than 30 minutes each. (3) The total amount of off-duty time taken by a driver in a day shall include at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time required by section 13. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving South of Latitude 60°N Daily Off-duty Time Sections 16-17 [15 reserved] Deferral of Daily Off-duty Time 16 Despite sections 12 and 14, a driver who is not splitting off-duty time in accordance with section 18 or 19 may defer a maximum of 2 hours of the daily off-duty time to the following day if (a) the off-duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time; (b) the total off-duty time taken in the 2 days is at least 20 hours; (c) the off-duty time deferred is added to the 8 consecutive hours of off-duty time taken in the second day; (d) the total driving time in the 2 days does not exceed 26 hours; and (e) there is a declaration in the record of duty status that states that the driver is deferring off-duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time. SOR/2019-165, s. 5. Ferries 17 Despite sections 13 and 14, a driver travelling by a ferry crossing that takes more than 5 hours is not required to take the mandatory 8 consecutive hours of offduty time if (a) the time spent resting in a sleeper berth while waiting at the terminal to board the ferry, in rest accommodations on the ferry and at a rest stop that is no more than 25 km from the point of disembarkation from the ferry combine to total a minimum of 8 hours; (b) the hours are recorded in the record of duty status as off-duty time spent in a sleeper berth; (c) the driver retains, as a supporting document, the receipt for the crossing and rest accommodation fees; and (d) the supporting document coincides with the record of duty status entries. SOR/2019-165, s. 44. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving South of Latitude 60°N Splitting of Daily Off-duty Time — Single Driver Section 18 Splitting of Daily Off-duty Time — Single Driver 18 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 13 and 14 by accumulating off-duty time in no more than 2 periods if (a) neither period of off-duty time is shorter than 2 hours; (b) the total of the 2 periods of off-duty time is at least 10 hours; (c) the off-duty time is spent resting in the sleeper berth; (c.1) the sleeper berth meets the requirements of Schedule 1; (d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours; (e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on-duty; (f) none of the daily off-duty time is deferred to the next day; and (g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14th hour. (2) The 16th hour is calculated by (a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 10 hours; and (b) including (i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 2 hours spent in the sleeper berth, and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving South of Latitude 60°N Splitting of Daily Off-duty Time — Single Driver Sections 18-19 (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. (3) [Repealed, SOR/2019-165, s. 6] SOR/2019-165, s. 6. Splitting of Daily Off-duty Time — Team of Drivers 19 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory offduty time and daily off-duty time requirements of sections 13 and 14 by accumulating off-duty time in no more than 2 periods if (a) neither period of off-duty time is shorter than 4 hours; (b) the off-duty time is spent resting in the sleeper berth; (c) the sleeper berth meets the requirements of Schedule 1; (d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours; (e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on duty; (f) none of the daily off-duty time is deferred to the next day; and (g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14th hour. (2) The 16th hour is calculated by (a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and (b) including (i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving South of Latitude 60°N Splitting of Daily Off-duty Time — Team of Drivers Sections 19-28 (iii) all periods of less than 4 hours spent in the sleeper berth, and (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. (3) [Repealed, SOR/2019-165, s. 7] SOR/2019-165, s. 7. [20 to 23 reserved] Cycles 24 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2. 25 Subject to section 28, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days. 26 Subject to section 28, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive, and no driver who is following cycle 1 shall drive, after the driver has accumulated 70 hours of on-duty time during any period of 7 days. SOR/2019-165, s. 8. 27 Subject to section 28, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated (a) 120 hours of on-duty time during any period of 14 days; or (b) 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time. SOR/2019-165, s. 9. Cycle Reset — Off-duty Time 28 (1) A driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time: (a) for cycle 1, at least 36 consecutive hours; or (b) for cycle 2, at least 72 consecutive hours. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving South of Latitude 60°N Cycle Reset — Off-duty Time Sections 28-39 (2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again. Cycle Switching — Off-duty Time 29 (1) No motor carrier shall request, require or allow a driver to switch and no driver shall switch from one cycle to the other without first taking the following off-duty time before beginning to drive again: (a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or (b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours. (2) After taking the off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again. [30 to 36 reserved] Scheduling — Driving North of Latitude 60°N Application 37 Sections 39 to 54 apply in respect of driving north of latitude 60°N. SOR/2019-165, s. 10. 38 [Repealed, SOR/2019-165, s. 10] Mandatory Off-duty Time 39 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated more than 15 hours of driving time or 18 hours of on-duty time unless they take at least 8 consecutive hours of off-duty time before driving again. (2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive if more than 20 hours of time has elapsed between the conclusion of the Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving North of Latitude 60°N Mandatory Off-duty Time Sections 39-41 most recent period of 8 or more consecutive hours of offduty time and the beginning of the next period of 8 or more consecutive hours of off-duty time. 40 [Repealed, SOR/2019-165, s. 11] Splitting of Daily Off-duty Time — Single Driver 41 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 by accumulating offduty time in no more than 2 periods if (a) neither period of off-duty time is shorter than 2 hours; (b) the total of the 2 periods of off-duty time is at least 8 hours; (c) the off-duty time is spent resting in the sleeper berth; (c.1) the sleeper berth meets the requirements of Schedule 1; (d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours; (e) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18th hour after the driver comes on duty, calculated in accordance with subsection (2); and (f) none of the daily off-duty time is deferred to the next day. (2) The 18th hour is calculated by (a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and (b) including (i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 2 hours spent in the sleeper berth, and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving North of Latitude 60°N Splitting of Daily Off-duty Time — Single Driver Sections 41-42 (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. (3) [Repealed, SOR/2019-165, s. 12] SOR/2019-165, s. 12. Splitting of Daily Off-duty Time — Team of Drivers 42 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory offduty time requirements of section 39 by accumulating off-duty time in no more than 2 periods if (a) neither period of off-duty time is shorter than 4 hours; (b) the off-duty time is spent resting in the sleeper berth; (c) the sleeper berth meets the requirements of Schedule 1; (d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours; (e) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18th hour after the driver comes on duty, calculated in accordance with subsection (2); and (f) none of the off-duty time is deferred to the next day. (2) The 18th hour is calculated by (a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and (b) including (i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 4 hours spent in the sleeper berth, and (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving North of Latitude 60°N Splitting of Daily Off-duty Time — Team of Drivers Sections 42-53 (3) [Repealed, SOR/2019-165, s. 13] SOR/2019-165, s. 13. [43 to 48 reserved] Cycles 49 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2. 50 Subject to section 53, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days. 51 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days. 52 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated (a) 120 hours of on-duty time in any period of 14 days; or (b) 80 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time. Cycle Reset — Off-duty Time 53 (1) A driver may end the current cycle and begin a new cycle if they first take the following off-duty time: (a) for cycle 1, at least 36 consecutive hours; or (b) for cycle 2, at least 72 consecutive hours. (2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Scheduling — Driving North of Latitude 60°N Cycle Switching — Off-duty Time Sections 54-61 Cycle Switching — Off-duty Time 54 (1) No motor carrier shall request, require or allow a driver to switch and no driver shall switch from one cycle to the other without first taking the following off-duty time before beginning to drive again: (a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or (b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours. (2) After taking the off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again. [55 to 60 reserved] Permits Special Permits 61 (1) The federal director may issue a special permit to a motor carrier for the purpose of a research or pilot project if the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized. (2) Sections 12 to 54 and 76 to 99 do not apply in respect of special permits. (3) The applicant shall provide to the federal director a detailed work plan that includes at least the following information: (a) the nature of the proposed research or pilot project; (b) the objectives of the proposed research or pilot project; (c) the competence of the applicant to participate in the proposed research or pilot project; (d) the criteria and method for measuring results; (e) the safety implications and the approach to addressing any possible risks identified; (f) the duration of the proposed research or pilot project; and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Permits Special Permits Sections 61-63 (g) the manner of and timing for reporting results. SOR/2019-165, s. 14. Permits for Commercial Vehicles Other than Oil Well Service Vehicles 62 (1) A provincial director may issue a permit to a motor carrier in respect of a commercial vehicle other than an oil well service vehicle if (a) the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized; and (b) a reduction of off-duty time or an increase in driving time is required (i) to allow a driver following a regular itinerary to reach their home terminal or destination, (ii) to allow the delivery of perishable goods, or (iii) to accommodate a significant temporary increase in the transportation of passengers or goods by the motor carrier. (2) The only deviations from the requirements of these Regulations that may be authorised in the permit are (a) a reduction of the 2 hours of daily off-duty time required by subsection 14(3) if the commercial vehicle is driven south of latitude 60°N; and (b) an increase in driving time and on-duty time of up to a total of 2 hours. SOR/2019-165, s. 15. Oil Well Service Vehicle Permits 63 (1) A provincial director may issue a permit to a motor carrier in respect of an oil well service vehicle if Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Permits Oil Well Service Vehicle Permits Sections 63-64 (a) the driver has successfully completed training directly related to safety requirements associated with operating within the field services sector of the oil or natural gas industry; and (b) the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized. (2) Sections 24 to 29 and 49 to 54 do not apply in respect of an oil well service vehicle permit, but instead the permit shall require that the driver take (a) at least 3 periods of off-duty time, each at least 24 hours long, in any period of 24 days, the periods being taken consecutively or separated by on-duty time; and (b) at least 72 consecutive hours of off-duty time after ending driving under the provisions of the permit and beginning driving under those sections. (3) When the driver begins to drive again under sections 24 to 29 or 49 to 54, they begin to accumulate hours in the cycle. (4) Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on-duty time if (a) the driver performs no work during the time; (b) the time is fully and accurately recorded in the record of duty status as off-duty time and denoted as waiting or standby time; and (c) the time is not included in the mandatory minimum of 8 consecutive hours of off-duty time. (5) None of the daily off-duty time shall be deferred to the next day. SOR/2019-165, s. 16. Applications for Permits 64 (1) A motor carrier may apply to a director for a permit by providing the following information and documents: (a) the name of the motor carrier; Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Permits Applications for Permits Sections 64-64.1 (b) the names of the drivers who drive a commercial vehicle for the motor carrier; (c) the driver licence numbers of the drivers and the provinces of issuance; (d) the list of the commercial vehicles operated by the motor carrier; (e) a list of all accidents involving the motor carrier or any driver of the motor carrier that occurred during the 6 months before the date of the application if they are required by the laws of the province, state or country in which the accident occurred to be reported to the police; (f) the requested duration of the permit; (g) in the case of an extra-provincial truck undertaking, a detailed description of the load and the provinces in respect of which the permit is to apply; (h) in the case of an extra-provincial bus undertaking, a detailed description of the routes in respect of which the permit is to apply; (i) the requested schedule; (j) the reasons for the application, with supporting evidence; (k) a copy of every permit issued to the motor carrier under these Regulations in the previous 5 years; and (l) a signed declaration that discloses any other application for a permit under these Regulations made by the motor carrier to any director within the 6 months before the date of the application. (m) [Repealed, SOR/2019-165, s. 17] (2) If requested by the director to do so, the motor carrier shall make available to the director the records of duty status, supporting documents or records of on-duty times, for the 6 months before the date of the application, of every driver who will drive a commercial vehicle of the motor carrier under the permit. SOR/2019-165, s. 17; SOR/2019-165, s. 44. 64.1 The director may, at any time after the application has been made, require an applicant to provide additional information in order for the director to evaluate whether the granting of a permit would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier. SOR/2019-165, s. 18. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Permits Approval of Other Directors Sections 65-67 Approval of Other Directors 65 (1) Before issuing a permit, a director shall obtain the written approval of the provincial directors of the provinces in which the commercial vehicle will be driven under the permit. (2) A provincial director from whom approval is sought shall (a) respond to the request for approval within 30 days after receiving it; and (b) give their approval if they have no reason to believe that the safety or health of the public, the driver or the employees of the motor carrier would be likely to be jeopardized by the granting of the permit. SOR/2019-165, s. 19. Issuance of Permits 66 A director who issues a permit shall specify in the permit (a) the reasons for issuing it; (b) its duration, which shall not exceed one year; (c) any terms or conditions required for the protection of the safety or health of the public, the driver or the employees of the motor carrier; and (d) the provinces in respect of which the permit is to apply. SOR/2019-165, s. 20. Obligations of Permit Holders 67 (1) A motor carrier to whom a permit is issued shall (a) provide the director with a list of the commercial vehicles that will be operated under the permit before undertaking any activity under the permit; (a.1) ensure that a copy of the permit is placed in each commercial vehicle in respect of which it applies; (b) keep the director informed of any changes to the list of the commercial vehicles that will be operated under the permit; (c) make available for inspection by the director, on request, the records of duty status and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies; and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Permits Obligations of Permit Holders Sections 67-76 (d) notify the director without delay of any accident involving any of the commercial vehicles to which the permit applies if it is required by the laws of the province, state or country in which the accident occurred to be reported to the police. (2) [Repealed, SOR/2019-165, s. 21] SOR/2019-165, s. 21. Amendment, Cancellation and Suspension of Permits 68 (1) A director who issues a permit may amend, cancel or suspend it, and a director who approves a permit issued by another director may withdraw the approval, on written notification to the motor carrier, if (a) the motor carrier or the driver contravenes these Regulations or any term or condition of the permit; or (b) the director determines that the safety and health of the public, the driver or the employees of the motor carrier are likely to be jeopardized. (2) [Repealed, SOR/2019-165, s. 22] (3) When a director withdraws approval for a permit issued by another director, the director who issued the permit shall amend it to remove the authority for a commercial vehicle to be operated under the permit in the province in respect of which approval is withdrawn. SOR/2019-165, s. 22. [69 to 75 reserved] Emergencies and Adverse Driving Conditions 76 (1) The requirements of these Regulations in respect of driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Emergencies and Adverse Driving Conditions Sections 76-77 (2) A driver who encounters adverse driving conditions while driving the vehicle during a trip south of latitude 60°N may extend the permitted 13 hours of driving time specified in sections 12 and 13 and reduce the 2 hours of daily off-duty time required by subsection 14(3) by the amount of time needed to complete the trip if (a) the driving, on-duty and elapsed time in the cycle the driver followed is not extended more than 2 hours; (b) the driver still takes the required 8 consecutive hours of off-duty time; and (c) the trip could have been completed under normal driving conditions without the reduction. (3) A driver who encounters adverse driving conditions while driving the vehicle during a trip north of latitude 60°N may extend the permitted 15 hours of driving time specified in section 39 by the amount of time needed to complete the trip if (a) the extension of the driving time is no more than 2 hours; (b) the driver still takes the required 8 consecutive hours of off-duty time; and (c) the trip could have been completed under normal driving conditions without the extension. (4) A driver who extends their driving, on-duty or elapsed time because of an emergency or adverse driving conditions shall record the reason for doing so in the record of duty status. SOR/2019-165, s. 23. ELD Records of Duty Status Electronic Logging Device 77 (1) A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard, and shall ensure that it is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position, with the exception of commercial vehicles that are (a) operated by a motor carrier under a permit; Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations ELD Records of Duty Status Electronic Logging Device Section 77 (b) operated by a motor carrier to which an exemption has been issued under the Act; (c) the subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle; or (d) manufactured before model year 2000. (2) The motor carrier shall require the driver to record, and the driver shall record for each day, in accordance with these Regulations and the Technical Standard, all the information associated with their record of duty status as their duty status changes. (3) Subsections (1) and (2) do not apply if (a) the driver drives or is instructed by the motor carrier to drive a commercial vehicle within a radius of 160 km of the home terminal; (b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; and (c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on-duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded. (4) If a motor carrier authorizes a driver to operate a commercial vehicle for yard moves within a terminal, depot or port and that is not on a public road, the motor carrier shall ensure that the driver’s ELD has been configured so that the driver can indicate those moves. (5) A driver shall manually input or verify the following information in the ELD: (a) the date and the start time, if different from midnight, and their driver identification number; (b) the cycle that the driver is following; (c) the commercial vehicle licence plates as well as the unit number or trailer number, if applicable; (d) the names and the addresses of the home terminal and the principal place of business of the motor carrier by which the driver was employed or otherwise engaged during that day; Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations ELD Records of Duty Status Electronic Logging Device Section 77 (e) the commercial vehicle’s location description, if it is not automatically drawn from the ELD’s geo-location database; (f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day; (g) any deferral of off-duty time under section 16; (h) if the driver was working for more than one motor carrier during the current day or the previous 14 days (i) for each day during the 14 days immediately before the current day, the total number of hours for each duty status that were accumulated by the driver, and the beginning and end time of each 16-hour period referred to in subsection 13(3), and (ii) the start and end times of each duty status in the current day, before the use of the ELD; and (i) any annotation necessary to complete the record of duty status. (6) No motor carrier shall request, require or allow a driver to use, and no driver shall use, more than one ELD at the same time for the same period. (7) The motor carrier shall ensure that each commercial vehicle that it operates carries an ELD information packet containing a current version of the following documents: (a) a user’s manual; (b) an instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and the steps required to generate and transfer the data with respect to the driver’s hours of service to an inspector; (c) an instruction sheet for the driver describing the measures to take in the event that the ELD malfunctions; and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations ELD Records of Duty Status Electronic Logging Device Sections 77-78 (d) a sufficient number of records of duty status to allow the driver to record the information required under section 82 for at least 15 days. (8) The motor carrier shall ensure that the driver records the information related to their record of duty status and the driver is required to record that information in a complete and accurate manner. SOR/2019-165, s. 24. Malfunction 78 (1) A motor carrier shall ensure that any ELD that is installed or used in a commercial vehicle that it operates is in good working order and is calibrated and maintained in accordance with the manufacturer’s or seller’s specifications. (2) If a driver of a commercial vehicle becomes aware of the fact that the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard, the driver shall notify the motor carrier that is operating the commercial vehicle as soon as the vehicle is parked. (3) The driver shall record, in the record of duty status on the day on which he or she noticed the malfunction or data diagnostic code, the following information: (a) the malfunction or data diagnostic code as set out in Table 4 of Schedule 2 of the Technical Standard; (b) the date and time when the malfunction or data diagnostic code was noticed; and (c) the time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier. (4) The driver shall record the code referred to in paragraph (3)(a) in each record of duty status following the day on which the code was noticed, until the ELD is repaired or replaced. (5) A motor carrier shall, within 14 days after the day on which it was notified of an ELD malfunction or data diagnostic code by the driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14day period, repair or replace the ELD. (6) The motor carrier shall maintain a register of ELD malfunction or data diagnostic codes for ELDs installed or used in commercial vehicles that it operates for which Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations ELD Records of Duty Status Malfunction Sections 78-78.2 a malfunction was noticed, and that register shall contain the following information: (a) the name of the driver who noticed the malfunction or data diagnostic code; (b) the name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced; (c) the make, model and serial number of the ELD; (d) the licence plate of the commercial vehicle in which the ELD is installed or used, or the Vehicle Identification Number; (e) the date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code; (f) the date the ELD was replaced or repaired; and (g) a concise description of the actions taken by the motor carrier to repair or replace the ELD. (7) The motor carrier shall retain the information set out in subsection (6) for each ELD for which a malfunction was noticed for a period of 6 months from the day on which the ELD is replaced or repaired. SOR/2019-165, s. 24. Accounts 78.1 A motor carrier shall create and maintain a system of accounts for ELDs that is in compliance with the Technical Standard and that (a) allows each driver to record their record of duty status in a distinct and personal account; and (b) provides for a distinct account for the driving time of an unidentified driver. SOR/2019-165, s. 24. Certification of Record of Duty Status 78.2 A driver shall, immediately after recording the last entry for a day, certify the accuracy of their record of duty status. SOR/2019-165, s. 24. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations ELD Records of Duty Status Certification of Record of Duty Status Sections 78.2-79.1 Verification of Records of Duty Status 78.3 (1) A motor carrier shall verify the accuracy of the certified records of duty status that are forwarded by the driver according to the supporting documents provided and shall require from the driver those changes necessary to ensure the accuracy of the records. (2) The driver shall either accept or reject the changes required by the motor carrier, make the necessary changes and recertify the accuracy of their record of duty status and forward the amended records of duty status to the motor carrier. SOR/2019-165, s. 24. Accreditation of ELD Certification Bodies 79 Any person or body that wishes to be accredited as a certification body for the purpose of certifying an ELD model as meeting the requirements set out in the Technical Standard and these Regulations must apply for the accreditation, in writing, to the Minister and must undergo an assessment to verify (a) their compliance with the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services, as amended from time to time; (b) their knowledge with respect to the certification of ELDs in accordance with the Technical Standard; and (c) the validity of their testing methodology and the validity of the results of that methodology. SOR/2019-165, s. 25; SOR/2020-240, s. 3. 79.1 (1) If the Minister is satisfied that the applicant meets the requirements of paragraphs 79(a) to (c), he or she must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection (2). (2) The accreditation of a certification body is valid for five years beginning on the day on which the Minister accredits the applicant. SOR/2019-165, s. 25. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Accreditation of ELD Certification Bodies Sections 79.2-79.3 79.2 (1) An accredited certification body must assign a certification number to every ELD model that meets the requirements set out in the Technical Standard and these Regulations. (2) An accredited certification body must, within seven days after certifying an ELD model, provide the Minister with the following information about that ELD model: (a) the model name; (b) the model number; (c) the model’s software version; (d) the name of the model manufacturer; (e) the email address of the contact person for the model manufacturer; and (f) the certification number that was assigned to the model. SOR/2019-165, s. 25. 79.3 (1) Subject to subsection (2), the Minister must suspend the accreditation of a certification body if it does not meet any of the requirements of paragraphs 79(a) to (c) or of section 79.2. (2) The Minister must not suspend an accreditation unless the certification body (a) was provided with a written report that sets out the grounds for the suspension and the period within which remedial actions must be taken in order to avoid the suspension; and (b) has failed to take corrective actions within that period or, if the Minister granted an extension at the written request of the certification body, within any later period specified by the Minister. (3) The Minister may grant an extension of the period in which corrective actions must be taken only once. (4) The Minister must notify the certification body in writing of the suspension and the date on which it takes effect. (5) The certification body must provide the Minister, within 15 days after the day on which the suspension takes effect, with a list of pending applications for certification. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Accreditation of ELD Certification Bodies Sections 79.3-81 (6) The suspension of an accreditation must be lifted if the Minister determines that corrective actions have been taken. SOR/2019-165, s. 25. 79.4 (1) The Minister must cancel an accreditation if the certification body (a) fails to take corrective actions within 30 days after the day on which the accreditation was suspended; (b) made a false or misleading statement to the Minister — or provided the Minister with false or misleading information — in respect of the application made under section 79 or at any time during the period of validity of the accreditation; or (c) continues, while their accreditation is suspended, to accept applications or make decisions respecting certification. (2) The Minister must not cancel an accreditation unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation. (3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect. SOR/2019-165, s. 25. Other Records of Duty Status [SOR/2019-165, s. 26] Interpretation 80 A requirement that a driver record time in a record of duty status is a requirement to record the time using the local time at the driver’s home terminal. SOR/2019-165, s. 44. Requirement to Fill Out a Record of Duty Status [SOR/2019-165, s. 44] 81 (1) A motor carrier shall require every driver to fill out, and every driver shall fill out a record of duty status each day that accounts for all of the driver’s on-duty time and off-duty time for that day if (a) the driver is driving a commercial vehicle as set out in paragraphs 77(1)(a) to (d); or Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Other Records of Duty Status Requirement to Fill Out a Record of Duty Status Sections 81-82 (b) the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard. (2) This section does not apply if (a) the driver drives, or is instructed by the motor carrier to drive, a commercial vehicle within a radius of 160 km of the home terminal; (b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; (c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on-duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded; and (d) the driver is not driving a commercial vehicle under a permit issued under these Regulations or is driving under an exemption issued under the Act. SOR/2019-165, s. 27. Content of Records of Duty Status [SOR/2019-165, s. 44] 82 (1) At the beginning of each day, a motor carrier shall require that a driver enters legibly, and the driver shall enter legibly, the following information in a record of duty status, using the grid in the form as set out in Schedule 2: (a) the date, the start time if different than midnight, the name of the driver and, if the driver is a member of a team of drivers, the names of the co-drivers; (b) in the case of a driver who is not driving under an oil well service vehicle permit, the cycle that the driver is following; (c) the commercial vehicle licence plates or unit numbers; (d) the odometer reading of each of the commercial vehicles driven by the driver; (e) the names and addresses of the home terminal and the principal place of business of every motor carrier by which the driver will be employed or otherwise engaged during that day; and Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Other Records of Duty Status Content of Records of Duty Status Section 82 (f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day; and (g) if applicable, a declaration in the record of duty status that states that the driver is deferring off-duty time under section 16 and that clearly indicates whether the driver is driving under day one or day two of that time. (2) The motor carrier shall require that the driver records, and the driver shall record, in the record of duty status, using the grid set out in Schedule 2, the following information as it becomes known: (a) the beginning time and ending time for each duty status by drawing a continuous line between the time markers; (b) the name of the municipality or legal subdivision and the name of the province or state where a change in duty status occurs or, if the change in duty status occurs at a location other than a municipality or legal subdivision, one of the following: (i) the highway number and the nearest kilometre marker as well as the name of the nearest municipality or legal subdivision, (ii) the highway number and the nearest service plaza as well as the name of the nearest municipality or legal subdivision, or (iii) the numbers of the highways that meet at the nearest intersection as well as the name of the nearest municipality or legal subdivision; and (c) the total number of hours of each period of duty status, which total must equal 24 hours. (3) For greater certainty, nothing in subsection (2) prevents the driver from changing the hours at the top of the grid in order to reflect a different start time. (4) The driver shall record in the record of duty status, as this information becomes known, the names and addresses of any other motor carriers by which they have been employed or otherwise engaged during the day. (5) If a driver is engaged in making deliveries in a municipality that results in a number of periods of driving time being interrupted by a number of short periods of other on-duty time, the periods of driving time may be Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Other Records of Duty Status Content of Records of Duty Status Sections 82-84 combined and the periods of other on-duty time may be combined on the grid. (6) A motor carrier shall require that the driver records at the end of each day, and the driver shall record at the end of each day, on the grid, the total hours for each duty status and the total distance driven by the driver that day, excluding the distance driven in respect of the driver’s personal use of the vehicle, as well as the odometer reading at the end of the day and the driver shall sign the record of duty status certifying the accuracy of the information recorded in it. SOR/2019-165, s. 28; SOR/2019-165, s. 44. 83 [Repealed, SOR/2019-165, s. 29] Possession, Distribution and Keeping of Records of Duty Status [SOR/2019-165, s. 30] Possession of Records of Duty Status and Supporting Documents by Drivers [SOR/2019-165, s. 44] 84 No driver who is required to fill out a record of duty status shall drive and no motor carrier shall request, require or allow the driver to drive unless the driver has in their possession (a) a copy of the records of duty status for the preceding 14 days and, in the case of a driver driving under an oil well service vehicle permit, for each of the required 3 periods of 24 consecutive hours of off-duty time in any period of 24 days; (b) the record of duty status for the current day, completed up to the time at which the last change in the driver’s duty status occurred; and (c) any supporting documents that the driver received in the course of the current trip. SOR/2019-165, s. 31; SOR/2019-165, s. 44. Distribution and Keeping of Records of Duty Status [SOR/2019-165, s. 44] Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Possession, Distribution and Keeping of Records of Duty Status Distribution and Keeping of Records of Duty Status Sections 85-86 85 (1) A driver shall, within 20 days after completing a record of duty status, forward the record of duty status and supporting documents relating to that record to the home terminal and the motor carrier shall ensure that the driver does so. (2) A driver who is employed or otherwise engaged by more than one motor carrier in any day shall forward, within 20 days after completing a paper record of duty status, and the motor carriers shall ensure that the driver forwards, the original record of duty status to the home terminal of the last motor carrier for which the driver worked and a copy of it to the home terminal of each other carrier for which the driver worked, as well as the supporting documents relating to that record to the home terminal of the carrier for which the driver worked during the periods referred to in those supporting documents. (3) The motor carrier shall (a) deposit the records of duty status and the supporting documents relating to those records at its principal place of business within 30 days after receiving them; and (b) keep them in chronological order for each driver for a period of at least 6 months after the day on which they are received. SOR/2019-165, s. 32. Tampering [SOR/2019-165, s. 33] 86 (1) No motor carrier shall request, require or allow a driver to keep and no driver shall keep more than one record of duty status in respect of any day. (2) No motor carrier shall request, require or allow any person to enter, and no person shall enter, inaccurate information in a record of duty status or falsify, mutilate, obscure, alter, delete, destroy or deface the records or supporting documents. (3) No motor carrier shall request, require or allow any person to, and no person shall, disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception, or re-engineer, reprogram or otherwise tamper with an ELD so that the device does not accurately record and retain the data that is required to be recorded and retained. SOR/2019-165, s. 34; SOR/2019-165, s. 44. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Tampering Sections 86-91 Monitoring by Motor Carriers [SOR/2019-165, s. 35] 87 (1) A motor carrier shall monitor the compliance of each driver with these Regulations. (2) A motor carrier that determines that there has been non-compliance with these Regulations shall take immediate remedial action and record the dates on which the non-compliance occurred and the action taken. SOR/2019-165, s. 36. [88 to 90 reserved] Out-of-service Declarations 91 (1) A director or an inspector may issue an out-ofservice declaration in respect of a driver if (a) the driver contravenes paragraph 4(b); (b) the driver fails to comply with any of the driving time or off-duty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit; (c) the driver is unable or refuses to produce their records of duty status in accordance with section 98; (d) there is evidence that shows that the driver has completed more than one record of duty status for a day, has entered inaccurate information in a record of duty status or has falsified information in a record of duty status; (e) the driver has falsified, mutilated, obscured, altered, deleted, destroyed or defaced a record of duty status or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and offduty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit; or (f) the driver uses an ELD that has a disabled, deactivated, disengaged, jammed or otherwise blocked or degraded signal transmission or reception, or uses an ELD that has been re-engineered, reprogrammed or otherwise tampered with so that it does not accurately record and retain the data that is required to be Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Out-of-service Declarations Sections 91-96 recorded and retained, in such a way that the director or inspector is unable to determine whether the driver has complied with the driving time and off-duty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit. (2) The director or inspector shall notify the driver and the motor carrier in writing of the reason that the driver has been made the subject of an out-of-service declaration and the period during which it applies. (3) An out-of-service declaration applies (a) for 10 consecutive hours, if the driver contravenes paragraph 4(b); (b) for 10 consecutive hours, if the driver contravenes section 12; (c) for 8 consecutive hours, if the driver contravenes sections 13 or 39; (d) for 72 consecutive hours, if the driver contravenes section 86; or (e) for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any of sections 14 to 29 and 41 to 54 or of a term or condition of a permit or with the requirements of section 98. (4) The out-of-service declaration in respect of a driver who contravenes section 86 continues to apply beyond the 72 hours until the driver rectifies the record of duty status, if applicable, and provides it to the director or inspector so that the director or inspector is able to determine whether the driver has complied with these Regulations. SOR/2019-165, s. 37; SOR/2019-165, s. 44; SOR/2020-240, s. 4; SOR/2020-240, s. 5(F). [92 to 95 reserved] Inspections Proof of Authority 96 An inspector shall, at all times during the exercise of their functions, produce on request proof of their designation and title. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Inspections Authority to Stop and Enter for Inspections Sections 97-98 Authority to Stop and Enter for Inspections 97 (1) An inspector may, during business hours, enter a motor carrier’s home terminal or principal place of business, other than living quarters, for the purpose of verifying compliance with the requirements of these Regulations. (2) An inspector may, at any time, enter a commercial vehicle, or stop and enter it, for the purpose of verifying compliance with the requirements of these Regulations. (3) An inspector may, at any time, enter a sleeper berth, or stop a commercial vehicle and enter its sleeper berth, for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1. SOR/2019-165, s. 38. Obstruction 97.1 No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to an inspector who is engaged in carrying out their duties and functions under these Regulations. SOR/2019-165, s. 38. Production of Records of Duty Status and Supporting Documents 98 (1) At the request of an inspector, a driver shall produce for inspection records of duty status for the current day and the preceding 14 days, the supporting documents for the current trip — in their existing format — as well as any permit under which the driver may be driving. (2) If the records requested by the inspector are in electronic format, the driver shall produce either the display or a printout of the records and, if requested by the inspector to transmit the records of duty status, shall transmit them by the transfer method identified by the inspector that is provided for in the Technical Standard and is supported by the ELD. (3) The driver shall, at the request of an inspector, give the inspector a copy of the paper records of duty status and supporting documents for the current day and the preceding 14 days, or the originals if it is not possible in the circumstances to make copies, as well as any permit under which the driver may be driving. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations Inspections Production of Records of Duty Status and Supporting Documents Sections 98-101 (4) The inspector shall provide the driver with a receipt in the form set out in Schedule 3 for the paper records of duty status and supporting documents received. SOR/2019-165, s. 39. 99 (1) A motor carrier shall, during business hours, at the request of an inspector, produce the following documents for inspection at the place specified by the inspector: (a) records of duty status and the supporting documents relating to those records that are in its possession; (b) records of driving time of an unidentified driver; (c) the documents referred to in subsection 77(7); (d) the register of ELD malfunction or data diagnostic codes set out in subsection 78(6); (e) any permit under which a driver is driving or was driving during the period for which the inspector makes the request; or (f) the information recorded under subsection 87(2). (2) The motor carrier shall transmit to the inspector the electronic records of duty status in the format, and using one of the transfer methods, prescribed in the Technical Standard. (3) The inspector shall (a) immediately return the permit if it is still a current permit and provide a receipt in the form set out in Schedule 3 for any expired permit as well as for the paper records of duty status and supporting documents; and (b) return the expired permits, paper records of duty status and supporting documents within 14 days after the day on which they were received. SOR/2019-165, s. 39. Repeal 100 [Repeal] Coming into Force 101 These Regulations come into force on January 1, 2007. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations SCHEDULE 1 Sleeper Berths SCHEDULE 1 (Paragraphs 18(1)(c.1), 19(1)(c), 41(1)(c.1) and 42(1)(c) and subsection 97(3)) Sleeper Berths 1 An area of a commercial vehicle is a sleeper berth if (a) it is designed to be used as sleeping accommodation; (b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it; (c) it is not located in or on a semi-trailer or a full trailer; (d) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space; (e) in the case of a bus, (i) it is located in the passenger compartment, (ii) it is at least 1.9 m in length, 60 cm in width and 60 cm in height, (iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked, (iv) it provides privacy for the occupant, and (v) it is equipped with a means to significantly limit the amount of light entering the area; (f) in the case of a commercial vehicle other than a bus, it is rectangular in shape with at least the following dimensions: (i) 1.9 m in length, measured on the centre line of the longitudinal axis, (ii) 60 cm in width, measured on the centre line of the transverse axis, and (iii) 60 cm in height, measured from the sleeping mattress to the highest point of the area; (g) it is constructed so that there are no impediments to ready entrance to or exit from the area; (h) there is a direct and readily accessible means of passing from it into the driver’s seat or compartment; Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations SCHEDULE 1 Sleeper Berths (i) it is protected against leaks and overheating from the vehicle’s exhaust system; (j) it is equipped to provide heating, cooling and ventilation within the range of household temperatures; (k) it is sealed against dust and rain; (l) it is equipped with a mattress that is at least 10 cm thick; and (m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle, the means being designed, installed and maintained to withstand a total force of 2 700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle. SOR/2019-165, s. 40; SOR/2019-165, s. 41(F); SOR/2019-165, s. 42. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations SCHEDULE 2 / ANNEXE 2 Duty Status Grid / Grille des activités SCHEDULE 2 / ANNEXE 2 (Subsections 82(1) and (2) / paragraphes 82(1) et (2)) Duty Status Grid / Grille des activit SOR/2019-165, s. 43. Current to June 20, 2022 Last amended on June 12, 2021 Commercial Vehicle Drivers Hours of Service Regulations SCHEDULE 3 / ANNEXE 3 Receipt / Accusé de réception SCHEDULE 3 / ANNEXE 3 (Subsection 98(4) and paragraph 99(3)(a) / paragraphe 98(4) et alinéa Receipt / Accusé de réception It is acknowledged that, pursuant to subsection 98(4) or paragraph 99(3)(a) of the Commercial Vehicle Drivers Hours of Service Regulations, the following records of duty status and supporting documents were provided by J’a jus l’a co (Name of person / N at / à (Number, street, municipality, location, province of motor carrier / N on / le (Day, month, year / namely / à savoir (Description of records of duty status and supporting documents justificati Dated at / Fait à (Municipality, location on / le (Day, month, year / Inspector’s signature / S SOR/2019-165, s. 43. Current to June 20, 2022 Last amended on June 12, 2021
CONSOLIDATION C.N.R. Company Exemption Order C.R.C., c. 1244 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Exempting the C.N.R. Company from Subsection 10(2) of the Official Languages Act Short Title Exemption Current to June 20, 2022 ii CHAPTER 1244 OFFICIAL LANGUAGES ACT C.N.R. Company Exemption Order Order Exempting the C.N.R. Company from Subsection 10(2) of the Official Languages Act Short Title 1 This Order may be cited as the C.N.R. Company Exemption Order. Exemption 2 The Canadian National Railway Company is hereby exempted from the application of subsection 10(2) of the Official Languages Act in respect of services provided or made available by it to the public, other than to the travelling public, at places elsewhere than in Canada. Current to June 20, 2022
CONSOLIDATION CUKTCA Rules of Origin Regulations SOR/2021-67 Current to June 20, 2022 Last amended on April 1, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 1, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 1, 2021 TABLE OF PROVISIONS CUKTCA Rules of Origin Regulations 1 Force of law *2 Coming into force Current to June 20, 2022 Last amended on April 1, 2021 ii Registration SOR/2021-67 March 29, 2021 CUSTOMS TARIFF CUKTCA Rules of Origin Regulations P.C. 2021-238 March 26, 2021 His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 16(2)(a)a of the Customs Tariffb, makes the annexed CUKTCA Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on April 1, 2021 CUKTCA Rules of Origin Regulations Force of law 1 The following provisions of the Protocol on Rules of Origin and Origin Procedures of the Canada–European Union Comprehensive Economic and Trade Agreement, as incorporated by reference in the Canada–United Kingdom Trade Continuity Agreement, have the force of law in Canada: (a) Articles 1 and 2; (b) paragraphs 1 to 2C and 3 of Article 3; (c) Articles 4 to 17; and (d) Annexes 1, 4, 5, 5-A and 7. Coming into force 2 These Regulations come into force on the day on which section 37 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2021, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force April 1, 2021, see SI/2021-14.] Current to June 20, 2022 Last amended on April 1, 2021
CONSOLIDATION Canadian Forces Employment Equity Regulations SOR/2002-421 Current to June 20, 2022 Last amended on August 12, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 12, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 12, 2021 TABLE OF PROVISIONS Canadian Forces Employment Equity Regulations Interpretation 1 Definitions Definitions for the purposes of the Act Purpose 3 Adaptation of the Act Members of the Forces General 5 Obligations of Chief of the Defence Staff Scope of obligation Qualification or eligibility criteria Adaptation of section 8 of the Act Powers of the Commission and Tribunal Collection of Workforce Information 10 Questionnaire Equity plan Updating Personal information Workforce Analysis 15 Determination Powers and compliance audits Analysis summary Review of Employment Systems, Policies and Practices 18 Determination Employment Equity Records 19 Contents of records Retention of records after release Current to June 20, 2022 Last amended on August 12, 2021 ii Canadian Forces Employment Equity Regulations TABLE OF PROVISIONS Consultation 21 Consultation process Compliance 22 Security requirement Reports 23 Report Summary of representation Representation by category Military occupational group Representation by rank Enrolment, promotion, re-engagement and release Review 29 Review Coming into Force 30 Coming into force SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9 SCHEDULE 10 SCHEDULE 11 SCHEDULE 12 Current to June 20, 2022 Last amended on August 12, 2021 iv Canadian Forces Employment Equity Regulations TABLE OF PROVISIONS SCHEDULE 13 SCHEDULE 14 SCHEDULE 15 Current to June 20, 2022 Last amended on August 12, 2021 v Registration SOR/2002-421 November 21, 2002 EMPLOYMENT EQUITY ACT Canadian Forces Employment Equity Regulations P.C. 2002-1957 November 21, 2002 Whereas, pursuant to paragraph 4(1)(d) of the Employment Equity Acta, the Canadian Forces have been specified as a portion of the public sector employing one hundred or more employees by Order in Council P.C. 2002-1956 of November 21, 2002; And whereas, pursuant to subsections 41(5) and (6) of that Act, the Governor in Council, on the recommendation of the Treasury Board and the Minister of Labour, after consultation with the Minister of National Defence, considers it necessary to make regulations to adapt the provisions of that Act to accommodate the Canadian Forces, taking into account their operational effectiveness; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of Labour, pursuant to section 41 of the Employment Equity Acta, hereby makes the annexed Canadian Forces Employment Equity Regulations. a S.C. 1995, c. 44 Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Interpretation Definitions 1 (1) The following definitions apply in these Regulations. Act means the Employment Equity Act. (Loi) Canadian Forces member means an individual described in subsection 4(1). (membre des Forces canadiennes) military occupation means a military occupation set out in column 2 of Part 1 or 2 of Schedule 1. (groupe professionnel militaire) military occupational group means a military occupational group set out in column 1 of Part 1 or 2 of Schedule 1. (catégorie professionnelle militaire) reporting period means (a) for the first report that the Chief of the Defence Staff provides to the President of the Treasury Board under subsections 21(3) and (4) of the Act, the period beginning on the day of the coming into force of these Regulations and ending on March 31, 2003; and (b) for any subsequent report, the fiscal year preceding that report. (période de rapport) Other definitions (2) Unless otherwise provided, all words and expressions used in these Regulations have the same meaning as in the National Defence Act or the regulations made under that Act. Definitions for the purposes of the Act 2 For the purposes of the Act insofar as it applies to the Canadian Forces, employee means a Canadian Forces member. (salarié) hired means enrolled as a Canadian Forces member under section 20 of the National Defence Act. (recrutement, engagement ou embauche) Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Interpretation Sections 2-5 occupational group means a military occupational group. (catégorie professionnelle) promoted, in respect of a Canadian Forces member, means promoted under section 28 of the National Defence Act. (avancement ou promotion) salary means the pay issued to Canadian Forces members at the rates and under the conditions prescribed under subsection 12(3) and section 35 of the National Defence Act. (rémunération) terminated has the same meaning as release in subsection 2(1) of the National Defence Act. (cessation de fonctions ou cessation d’emploi) Purpose Adaptation of the Act 3 (1) Pursuant to section 41 of the Act, the purpose of these Regulations is to adapt the provisions of the Act to accommodate the Canadian Forces, taking into account the need for their operational effectiveness. Other regulations (2) Unless otherwise indicated, no other regulations made under the Act apply to the Canadian Forces. Members of the Forces 4 (1) The Act and these Regulations apply to Canadian Forces members — both officers and non-commissioned members — who are serving (a) in the regular force; or (b) in the reserve force, other than those declared non-effective strength. Special force (2) The Act and these Regulations do not apply to Canadian Forces members who are serving in the special force. SOR/2021-201, s. 1. General Obligations of Chief of the Defence Staff 5 The Chief of the Defence Staff, acting within the scope of the Chief of the Defence Staff’s powers, duties and functions under section 18 of the National Defence Act, is responsible, in relation to the Canadian Forces, Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations General Sections 5-9 (a) for carrying out the obligations of an employer under the Act; and (b) for the application of these Regulations. Scope of obligation 6 For the purposes of section 6 of the Act, the obligation to implement employment equity does not require the Chief of the Defence Staff (a) to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or (b) to undertake promotion campaigns or other measures to increase the degree of representation in the Canadian Forces of persons who do not meet the requirements specified in section 7. Qualification or eligibility criteria 7 The enrolment, re-engagement or promotion of any person in the Canadian Forces shall be based on the following requirements, to the extent that they are consistent with the Canadian Human Rights Act: (a) the applicable criteria in the regulations, orders and instructions made under sections 12 and 18 of the National Defence Act; and (b) the liability to perform any lawful duty in accordance with section 33 of that Act. Adaptation of section 8 of the Act 8 For the purposes of section 8 of the Act, the release of Canadian Forces members under an initiative to reduce the number of members of the Canadian Forces, or the number of members of any unit, element or military occupational group of the Canadian Forces, is not an employment barrier within the meaning of the Act. Powers of the Commission and Tribunal 9 For the purposes of section 33 of the Act, the Canadian Human Rights Commission, its officers and any other person acting on behalf of or under the direction of the Commission, and the members of an Employment Equity Review Tribunal established under subsection 28(1) of the Act and any other person acting on behalf of or under the direction of such a Tribunal, may not, in exercising the powers conferred on the Commission or the Tribunal under sections 25 or 26 and 30 of the Act, respectively, give a direction or make an order that would Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations General Sections 9-10 (a) require the Chief of the Defence Staff to enrol, reengage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or (b) otherwise prejudice the operational effectiveness of the Canadian Forces. Collection of Workforce Information Questionnaire 10 (1) Before preparing the employment equity plan required by section 10 of the Act, the Chief of the Defence Staff shall conduct a workforce survey by providing to each Canadian Forces member a workforce survey questionnaire that asks if the member is (a) an Aboriginal person; (b) a member of a visible minority; or (c) a person with a disability. Member identification (1.1) The questionnaire shall include questions that provide a means of identifying the Canadian Forces member who returns it, by name or otherwise. Additional questions (2) The questionnaire may include additional questions relating to employment equity. Information (3) The questionnaire shall include the following information: (a) the definitions Aboriginal peoples, members of visible minorities and persons with disabilities as set out in section 3 of the Act; (b) the definition designated groups as set out in section 3 of the Act and the statement that a person may be a member of more than one designated group; (c) a statement that responses to the questions referred to in subsection (1.1) are mandatory; (d) a statement that responses to the questions referred to in subsections (1) and (2) are voluntary; and (e) a statement containing the information referred to in section 14. SOR/2021-201, s. 2; SOR/2021-201, s. 10(E). Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Collection of Workforce Information Sections 11-15 11 [Repealed, SOR/2021-201, s. 3] Equity plan 12 When the Chief of the Defence Staff reviews the employment equity plan, the Chief of the Defence Staff is not required to conduct a new workforce survey if the previous survey results have been kept up to date in accordance with section 13. Updating 13 The Chief of the Defence Staff shall keep the workforce survey results up to date (a) by providing a workforce survey questionnaire (i) to all new Canadian Forces members on their enrolment, (ii) to any Canadian Forces member who wishes to change any information that they previously submitted on a questionnaire, or (iii) to any Canadian Forces member who requests one; (b) by making the necessary adjustments to the survey results to take into account the responses to a questionnaire referred to in paragraph (a); and (c) by making the necessary adjustments to the survey results to take into account members of designated groups who have been released from the Canadian Forces. Personal information 14 Information collected under sections 10 and 13 is personal information within the meaning of section 3 of the Privacy Act and shall not be used or disclosed except in accordance with that Act. Workforce Analysis Determination 15 (1) Based on the information collected under sections 10 and 13 and on relevant information contained in any other employment records of the Canadian Forces, the Chief of the Defence Staff shall conduct an analysis of the Canadian Forces workforce to determine (a) for each military occupational group, the number of positions held by (i) women, Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Workforce Analysis Sections 15-16 (ii) Aboriginal persons, (iii) persons who are members of visible minorities, and (iv) persons with disabilities; and (b) the degree of underrepresentation of the persons referred to in paragraph (a) by comparing the representation of each designated group in each military occupational group to its representation within whichever of the following groups is the most appropriate as a basis of comparison, namely, (i) the Canadian workforce, or (ii) those segments of the Canadian workforce that are identifiable on the basis of qualification or eligibility criteria, including the requirements specified in section 7, and from which the Chief of the Defence Staff may reasonably be expected to draw Canadian Forces members. Underrepresentation (2) In making a determination under paragraph (1)(b), the Chief of the Defence Staff shall use (a) the labour market information made available by the Minister of Labour under subsection 42(3) of the Act; and (b) any other statistically-reliable information that is available to the public and that the Minister of Labour determines relevant. Equity plan (3) When the Chief of the Defence Staff reviews the employment equity plan, the Chief of the Defence Staff is not required to conduct a new workforce analysis if the results of the previous analysis are up to date as a result of periodic revisions that take into account the updating of the workforce survey results in accordance with section 13. SOR/2021-201, s. 10(E). Powers and compliance audits 16 (1) In exercising any powers with respect to the application of the Act or these Regulations to the Canadian Forces, including the powers under sections 22 and 23 of the Act, the Canadian Human Rights Commission, its officers and any other person acting on behalf of or under the direction of the Commission shall take into account (a) the fact that Canadian Forces members who may be members of one or more of the designated groups of Aboriginal peoples, persons with disabilities and Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Workforce Analysis Sections 16-18 members of visible minorities, may choose not to identify themselves as such or not to agree to be identified as such; (b) the enrolment, re-engagement and promotion requirements specified in section 7; and (c) the need for the operational effectiveness of the Canadian Forces. Member identification (2) For greater certainty, in exercising any power or performing any duty or function under the Act or these Regulations, the Chief of the Defence Staff is subject to the obligation under subsection 25(1.3) of the Act not to identify individual members of the Canadian Forces who are members of designated groups and who have not identified themselves as such or agreed to be identified by the Canadian Forces as such. SOR/2021-201, s. 10(E). Analysis summary 17 The Chief of the Defence Staff shall prepare a summary of the results of the workforce analysis for use in the preparation of the employment equity plan required by section 10 of the Act. Review of Employment Systems, Policies and Practices Determination 18 (1) If the workforce analysis conducted under section 15 indicates that there is underrepresentation of persons in designated groups in any military occupational group, the Chief of the Defence Staff shall review the Canadian Forces employment systems, policies and practices to determine whether any of them is an employment barrier against persons in designated groups. Relevant matters (2) To determine whether the employment systems, policies and practices that apply to those military occupational groups in which there is underrepresentation of persons in designated groups are employment barriers, the Chief of the Defence Staff shall review them with respect to (a) recruitment, selection and enrolment; (b) training and development; Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Review of Employment Systems, Policies and Practices Sections 18-19 (c) career management and promotions; (d) re-engagement and release; and (e) the reasonable accommodation of the special needs of persons in designated groups. New systems (3) If, following a review under subsection (2), the Chief of the Defence Staff implements new employment systems, policies and practices relating to the matters referred to in that subsection, the Chief of the Defence Staff shall also review the new employment systems, policies and practices in order to determine whether they are employment barriers against persons in designated groups. Employment Equity Records Contents of records 19 In accordance with section 17 of the Act, the Chief of the Defence Staff shall establish and maintain records that contain the following information: (a) information indicating, for each Canadian Forces member, whether the member has identified themself as a member of one or more of the designated groups; (b) the military occupation of each Canadian Forces member; (c) the military rank of each Canadian Forces member, as set out in the schedule to the National Defence Act, that determines that member’s salary; (d) the promotion history of each Canadian Forces member; (e) a copy of the workforce survey questionnaire that was provided to each Canadian Forces member and of any other information used in the workforce analysis; (f) the summary of the results of the workforce analysis required by section 17; (g) the measures undertaken in conducting the employment systems review; (h) the employment equity plan of the Canadian Forces and the information used to prepare it; (i) the measures undertaken to monitor the implementation of the employment equity plan in accordance with paragraph 12(b) of the Act; and Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Employment Equity Records Sections 19-21 (j) the information provided to the Canadian Forces members in accordance with section 14 of the Act. SOR/2021-201, s. 4. Retention of records after release 20 (1) Subject to subsection 6(3) of the Privacy Act and section 4 of the Privacy Regulations, the records containing the information referred to in paragraphs 19(a) to (d) shall be retained throughout the period during which the person to whom the records relate is employed as a Canadian Forces member and for two years after the date of their release. Period of retention (2) Subject to subsection 6(3) of the Privacy Act and section 4 of the Privacy Regulations, the records containing the information referred to in paragraphs 19(e) to (j) shall be retained for two years after the period covered by the employment equity plan to which the records relate. Consultation Consultation process 21 (1) The Chief of the Defence Staff shall consult Canadian Forces members, and may consult representatives of designated groups, to obtain their views on and assistance in any matter concerning (a) the implementation of employment equity in the Canadian Forces workforce and the communication of matters relating to employment equity to Canadian Forces members; and (b) the preparation, implementation and revision of the employment equity plan of the Canadian Forces. Consultation mechanism (2) The Chief of the Defence Staff shall establish a mechanism for consulting Canadian Forces members. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Compliance Sections 22-25 Compliance Security requirement 22 (1) The Canadian Human Rights Commission, any of its officers and any other person acting on behalf of or under the direction of the Commission, as well as any member of an Employment Equity Review Tribunal established under subsection 28(1) of the Act and any other person acting on behalf of or under the direction of such a Tribunal, who receives or obtains information for the purposes of the Act shall satisfy, with respect to access to and use of that information, any requirements in the regulations, orders and instructions made under the National Defence Act that relate to the security of the places to be entered or the records, books of account or other documents to be examined. Alternate means (2) If the requirements referred to in subsection (1) restrict or limit access to information that is necessary for the application of the Act or these Regulations, the Chief of the Defence Staff shall provide other means, consistent with the regulations, orders and instructions made under the National Defence Act, that will permit the persons described in subsection (1) to carry out their responsibilities under the Act. SOR/2021-201, s. 5. Reports Report 23 The contents of the report required by subparagraphs 21(2)(a)(i), (iii) and (v) of the Act shall be provided using the forms in Schedules 3 to 15 for each reporting period. Summary of representation 24 The Chief of the Defence Staff shall provide the information required by (a) Part 1 of Schedule 5 with respect to the number and degree of representation of officers referred to in subsection 4(1) for the reporting period; and (b) Part 2 of Schedule 5 with respect to the number and degree of representation of non-commissioned members referred to in subsection 4(1) for the reporting period. Representation by category 25 The Chief of the Defence Staff shall provide the information required by Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Reports Sections 25-28 (a) Schedule 3 with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a) for the reporting period; and (b) Schedule 4 with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b) for the reporting period. Military occupational group 26 In the forms set out in Schedules 3 to 5 and 8 to 15, the Chief of the Defence Staff shall indicate the military occupational group of Canadian Forces members by referring to the military occupation that corresponds to the job performed by the members. Representation by rank 27 The Chief of the Defence Staff shall provide the following information for the reporting period for each military rank set out in the schedule to the National Defence Act: (a) in the form set out in Schedule 6, the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a); and (b) in the form set out in Schedule 7, the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b). SOR/2021-201, s. 6. Enrolment, promotion, re-engagement and release 28 (1) The Chief of the Defence Staff shall provide the information required for the reporting period with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a) (a) in the form set out in Schedule 8, for enrolments; (b) in the form set out in Schedule 10, for promotions; (c) in the form set out in Schedule 12, for re-engagements; and (d) in the form set out in Schedule 14, for releases. (2) The Chief of the Defence Staff shall provide the information required for the reporting period with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b) (a) in the form set out in Schedule 9, for enrolments; (b) in the form set out in Schedule 11, for promotions; Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations Reports Sections 28-30 (c) in the form set out in Schedule 13, for re-engagements; and (d) in the form set out in Schedule 15, for releases. Review Review 29 After any amendment to the Employment Equity Act or at the end of a period not exceeding five years after the coming into force of these Regulations, and at the end of every five-year period after that, the Chief of the Defence Staff shall conduct a review of the provisions and operation of these Regulations, including the effect of the Regulations. Coming into Force Coming into force 30 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 1 SCHEDULE 1 (Subsection 1(1)) PART 1 Military Occupational Groups — Officers Column 1 Column 2 Item Military Occupational Group Military Occupation General Officers General Officer General Officer Specialist Naval Operations Naval Warfare Officer Maritime Engineering Marine Systems Engineering Officer Naval Combat Systems Engineering Officer Naval Engineering Officer Combat Arms Armour Artillery Engineer Officer Infantry Air Operations — Pilots Pilot Air Operations Aerospace Control Officer Air Combat Systems Officer Air Operations Officer Aerospace Engineering Aerospace Engineering Engineering Communications and Electronics Engineering Construction Engineering Electrical and Mechanical Engineering Signal Officer Medical and Dental Bioscience Officer Dental Officer Health Care Administration Health Services Officer Medical Medical Specialist Nursing Pharmacy Physician Assistant Physiotherapy Officer Social Work Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 1 Column 1 Column 2 Item Military Occupational Group Military Occupation Chaplaincy Chaplain Support Intelligence Personnel Selection Public Affairs Officer Legal Officer Logistics Military Police Officer Music Training Development Cadet Organizations Cadet Organizations Administration and Administration and Training Training Service (COATS) Service (COATS) — General Service Officer Canadian Rangers Canadian Ranger (Officer) Officers — Unassigned Officer — Unassigned Officer Cadets — Unassigned Officer Cadet — Unassigned PART 2 Military Occupational Groups — Non-Commissioned Members Column 1 Column 2 Item Military Occupational Group Military Occupation Naval Operations Boatswain Marine Engineer Naval Combat Information Operator Naval Communicator Naval Electronic Sensor Operator Sonar Operator Steward Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 1 Column 1 Column 2 Item Military Occupational Group Military Occupation Maintenance — Naval Clearance Diver Marine Technician Port Inspection Diver Weapons Engineering Technician Combat Arms Combat Engineer Crewman Gunner Infanteer Air Operations — Transmissions Aerospace Control Operator Airborne Electronic Sensor Operator Flight Engineer Search and Rescue Technician Air Technicians Aircraft Maintenance Superintendent Aircraft Structures Technician Air Operations Support Technician Air Weapons System Technician Aviation Systems Technician Avionic Systems Technician Meteorological Technician Non-Destructive Testing Technician Military Police Military Police Operations — General Air Drop Systems Technician Chemical, Biological, Radiological and Nuclear Operator Counter Intelligence Operator Cyber Operator Imagery Technician Information Systems Technician Intelligence Operator Signals Intelligence Specialist Source Handler Operator Special Operations Force Communications and Electronics Maintenance Current to June 20, 2022 Last amended on August 12, 2021 Aerospace Telecommunications and Information Systems Technician Canadian Forces Employment Equity Regulations SCHEDULE 1 Item Column 1 Column 2 Military Occupational Group Military Occupation Army Communication and Information Systems Specialist Electronic-Optronic Technician (Land) Line Technician Signal Operator Signal Technician Medical Aviation Physiology Technician Biomedical Electronics Technologist Medical Assistant Medical Laboratory Technologist Medical Radiation Technologist Medical Technician Operating Room Technician Preventive Medicine Technician Dental Dental Technician Electrical and Mechanical Material Technician Vehicle Technician Weapons Technician (Land) Military Engineers Construction Engineer Superintendent Construction Technician Drafting and Survey Technician Electrical Distribution Technician Electrical Generation Systems Technician Fire Fighter Geomatics Technician Plumbing and Heating Technician Refrigeration and Mechanical Technician Water, Fuels and Environment Technician Clerical Personnel Court Reporter Financial Services Administrator Human Resource Administrator Postal Clerk Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 1 Column 1 Column 2 Item Military Occupational Group Military Occupation Music Musician Pipes and Drums Logistical Support Ammunition Technician Cook Land Equipment Engineering Technologist Material Management Technician Mobile Support Equipment Operator Traffic Technician Senior Appointments Chief Petty Officer First Class/ Chief Warrant Officer CORPS Cadet Organizations Cadet Organizations Administration and Administration and Training Training Service (COATS) Service (COATS) — General Service NCM Canadian Rangers Primary Reserve General Primary Reserve General Service for NonService for NonCommissioned Members Commissioned Members Canadian Ranger (NCM) SOR/2021-201, s. 7. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 2 SCHEDULE 2 [Repealed, SOR/2021-201, s. 7] Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 3 SCHEDULE 3 (Section 23, paragraph 25(a) and section 26) PART 1 Military Occupational Groups — graph 4(1)(a)) All Officers Military Occupational Group Total Number Men Number Aborigina Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Military Occupational Groups — Regular Force (Paragraph 4(1)(a) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 3 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Logistical Support Senior Appointments Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 8. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 3 (French) ANNEXE 3 (article 23, alinéa 25a) et article 26) PARTIE 1 Catégories professionnelles milit gulière (alinéa 4(1)a)) Officiers Catégories professionnelles militaires Nombre total Auto Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Catégories professionnelles milit force régulière (alinéa 4(1)a)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 3 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Travail de bureau Musique Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 8. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 4 SCHEDULE 4 (Section 23, paragraph 25(b) and section 26) PART 1 Military Occupational Groups — graph 4(1)(b)) All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Military Occupational Groups — Reserve Force (Paragraph 4(1)(b) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 4 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Logistical Support Senior Appointments Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 8. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 4 (French) ANNEXE 4 (article 23, alinéa 25b) et article 26) PARTIE 1 Catégories professionnelles milit réserve (alinéa 4(1)b)) Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Catégories professionnelles milit force de réserve (alinéa 4(1)b)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 4 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Travail de bureau Musique Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 8. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 5 SCHEDULE 5 (Sections 23, 24 and 26) PART 1 Military Occupational Groups — All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Military Occupational Groups — (Subsection 4(1)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 5 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 8. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 5 (French) ANNEXE 5 (articles 23, 24 et 26) PARTIE 1 Catégories professionnelles milit 4(1)) Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Catégories professionnelles milit ragraphe 4(1)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 5 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Travail de bureau Musique Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 8. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 6 SCHEDULE 6 (Sections 23 and 27) PART 1 Representation By Military Rank (Paragraph 4(1)(a)) All Officers Rank Total Number Men Number Aborigin Women % Number Men % Number % General Lieutenant-General Major-General Brigadier-General Colonel Lieutenant-Colonel Major Captain Lieutenant Second Lieutenant Officer Cadet TOTAL NUMBER PART 2 Representation By Military Rank bers, Regular Force (Paragraph 4 All Non-Commissioned Members Rank Total Number Men Number Aborigin Women % Number Men % Number % Chief Warrant Officer Master Warrant Officer Warrant Officer Sergeant Master Corporal (by appointment) Corporal Private TOTAL NUMBER Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 6 (French) ANNEXE 6 (articles 23 et 27) PARTIE 1 Représentation par grade militai lière (alinéa 4(1)a)) Officiers Grades militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Général Lieutenant-général Major-général Brigadier-général Colonel Lieutenant-colonel Major Capitaine Lieutenant Sous-lieutenant Élève-officier NOMBRE TOTAL PARTIE 2 Représentation par grade militai force régulière (alinéa 4(1)a)) Militaires du rang Grades militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Adjudant-chef Adjudant-maître Adjudant Sergent Caporal-chef (nomination) Caporal Soldat NOMBRE TOTAL Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 7 SCHEDULE 7 (Sections 23 and 27) PART 1 Representation By Military Rank (Paragraph 4(1)(b)) All Officers Rank Total Number Men Number Aborigin Women % Number Men % Number % General Lieutenant-General Major-General Brigadier-General Colonel Lieutenant-Colonel Major Captain Lieutenant Second Lieutenant Officer Cadet TOTAL NUMBER PART 2 Representation By Military Rank bers, Reserve Force (Paragraph 4 All Non-Commissioned Members Rank Total Number Men Number Aborigin Women % Number Men % Number % Chief Warrant Officer Master Warrant Officer Warrant Officer Sergeant Master Corporal (by appointment) Corporal Private TOTAL NUMBER Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 7 (French) ANNEXE 7 (articles 23 et 27) PARTIE 1 Représentation par grade militai serve (alinéa 4(1)b)) Officiers Grades militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Général Lieutenant-général Major-général Brigadier-général Colonel Lieutenant-colonel Major Capitaine Lieutenant Sous-lieutenant Élève-officier NOMBRE TOTAL PARTIE 2 Représentation par grade militai force de réserve (alinéa 4(1)b)) Militaires du rang Grades militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Adjudant-chef Adjudant-maître Adjudant Sergent Caporal-chef (nomination) Caporal Soldat NOMBRE TOTAL Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 8 SCHEDULE 8 (Sections 23 and 26 and paragraph 28(1)(a)) PART 1 Enrolments — Officers, Regular F All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Enrolments — Non-Commission (Paragraph 4(1)(a)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 8 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 8 (French) ANNEXE 8 (articles 23 et 26 et alinéa 28(1)a)) PARTIE 1 Enrôlement — officiers de la forc Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Enrôlement — militaires du rang 4(1)a)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 8 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 9 SCHEDULE 9 (Sections 23 and 26 and paragraph 28(2)(a)) PART 1 Enrolments — Officers, Reserve All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Enrolments — Non-Commission (Paragraph 4(1)(b)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 9 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 9 (French) ANNEXE 9 (articles 23 et 26 et alinéa 28(2)a)) PARTIE 1 Enrôlement — officiers de la forc Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Enrôlement — militaires du rang 4(1)b)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 9 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 10 SCHEDULE 10 (Sections 23 and 26 and paragraph 28(1)(b)) PART 1 Promotions — Officers, Regular All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Promotions — Non-Commission (Paragraph 4(1)(a)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 10 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 10 (French) ANNEXE 10 (articles 23 et 26 et alinéa 28(1)b)) PARTIE 1 Promotion — officiers de la force Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Promotion — militaires du rang d 4(1)a)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 10 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 11 SCHEDULE 11 (Sections 23 and 26 and paragraph 28(2)(b)) PART 1 Promotions — Officers, Reserve All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Promotions — Non-Commission (Paragraph 4(1)(b)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 11 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 11 (French) ANNEXE 11 (articles 23 et 26 et alinéa 28(2)b)) PARTIE 1 Promotion — officiers de la force Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Promotion — militaires du rang d 4(1)b)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 11 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 12 SCHEDULE 12 (Sections 23 and 26 and paragraph 28(1)(c)) PART 1 Re-Engagements — Officers, Reg All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Re-Engagements — Non-Commi Force (Paragraph 4(1)(a)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 12 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 12 (French) ANNEXE 12 (articles 23 et 26 et alinéa 28(1)c)) PARTIE 1 Rengagement — officiers de la fo Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Rengagement — militaires du ra 4(1)a)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 12 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 13 SCHEDULE 13 (Sections 23 and 26 and paragraph 28(2)(c)) PART 1 Re-Engagements — Officers, Res All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Re-Engagements — Non-Commi Force (Paragraph 4(1)(b)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 13 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 13 (French) ANNEXE 13 (articles 23 et 26 et alinéa 28(2)c)) PARTIE 1 Rengagement — officiers de la fo Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Rengagement — militaires du ra néa 4(1)b)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 13 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 14 SCHEDULE 14 (Sections 23 and 26 and paragraph 28(1)(d)) PART 1 Releases — Officers, Regular For All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Releases — Non-Commissioned graph 4(1)(a)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 14 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 14 (French) ANNEXE 14 (articles 23 et 26 et alinéa 28(1)d)) PARTIE 1 Libération — officiers de la force Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Libération — militaires du rang d 4(1)a)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 14 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 15 SCHEDULE 15 (Sections 23 and 26 and paragraph 28(2)(d)) PART 1 Releases — Officers, Reserve For All Officers Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % General Officers Naval Operations Maritime Engineering Combat Arms Air Operations — Pilots Air Operations Aerospace Engineering Engineering Medical and Dental Chaplaincy Support Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Officers — Unassigned Officer Cadets — Unassigned TOTAL NUMBER PART 2 Releases — Non-Commissioned graph 4(1)(b)) All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Naval Operations Maintenance — Naval Combat Arms Air Operations — Transmissions Air Technicians Military Police Operations — General Communications and Electronics Maintenance Medical Dental Electrical and Mechanical Military Engineers Clerical Personnel Music Logistical Support Senior Appointments Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 15 All Non-Commissioned Members Military Occupational Group Total Number Men Number Aborigin Women % Number Men % Number % Cadet Organizations Administration and Training Service (COATS) Canadian Rangers Primary Reserve General Service for NonCommissioned Members TOTAL NUMBER SOR/2021-201, s. 9. Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 15 (French) ANNEXE 15 (articles 23 et 26 et alinéa 28(2)d)) PARTIE 1 Libération — officiers de la force Officiers Catégories professionnelles militaires Nombre total Autoc Hommes Nombre Femmes % Nombre Hommes % Nombre % Officiers généraux Opérations navales Génie maritime Armes de combat Opérations aériennes — pilotes Opérations aériennes Génie aérospatial Génie Médecine et art dentaire Aumôniers Soutien Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Officiers — sans classification Élèves-officiers — sans classification NOMBRE TOTAL PARTIE 2 Libération — militaires du rang d 4(1)b)) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Opérations navales Maintenance — mer Armes de combat Opérations aériennes — transmissions Personnel technique — air Police militaire Opérations — général Maintenance — communications et électronique Services de santé Soins dentaires Électricité et mécanique Génie militaire Travail de bureau Musique Current to June 20, 2022 Last amended on August 12, 2021 Canadian Forces Employment Equity Regulations SCHEDULE 15 (French) Militaires du rang Catégories professionnelles militaires Nombre total Hommes Nombre Autoc Femmes % Nombre Hommes % Nombre % Soutien logistique Nominations supérieures Service d’administration et d’instruction pour les organisations de cadets (SAIOC) Rangers canadiens Cadre général d’emploi de la première réserve pour membres du rang NOMBRE TOTAL DORS/2021-201, art. 9. Current to June 20, 2022 Last amended on August 12, 2021
CONSOLIDATION Canadian Turkey Anti-dumping Regulations C.R.C., c. 659 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Pricing of Turkeys Iin Interprovincial Trade 1 Short Title Interpretation Interprovincial Price Current to June 20, 2022 ii CHAPTER 659 FARM PRODUCTS AGENCIES ACT Canadian Turkey Anti-dumping Regulations Regulations Respecting the Pricing Turkeys Iin Interprovincial Trade of Short Title 1 These Regulations may be cited as the Canadian Turkey Anti-dumping Regulations. Interpretation 2 In these Regulations, marketing, in relation to turkeys, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing, and reselling, whether in whole or in processed form, and includes marketing by or on behalf of a producer; (commercialisation) regulated area means the Provinces of Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia; (région réglementée) turkey means any turkey, male or female, live or slaughtered, of any size and includes any part of any turkey; (dindon) unregulated area means any part of Canada not within the regulated area. (région non réglementée) Interprovincial Price 3 Within the regulated area and with respect to turkeys shipped from the unregulated area into the regulated area in interprovincial trade and not for export, no person shall market turkeys in a province other than the province in which the turkeys are produced at a price that is less than the aggregate of (a) the price charged at or about the same time for turkeys of an equivalent variety, class or grade in the Current to June 20, 2022 Canadian Turkey Anti-dumping Regulations Interprovincial Price Sections 3-4 province or other geographical area in which the turkeys are produced; and (b) any reasonable transportation charges therefor to the place where such turkeys are marketed and that are incurred by the person marketing the turkeys. 4 With respect to turkeys from the regulated area shipped into the unregulated area in interprovincial trade, no person shall market turkeys in a province other than the province in which the turkeys are produced at a price that is less than the aggregate of (a) the price charged at or about the same time for turkeys of an equivalent variety, class or grade in the province or other geographical area in which the turkeys are produced; and (b) any reasonable transportation charges therefor to the place where such turkeys are marketed and that are incurred by the person marketing the turkeys. Current to June 20, 2022
CONSOLIDATION Civilian Crews on Auxiliary Vessels Direction C.R.C., c. 1046 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Direction Made Pursuant to Section 224 of the National Defence Act Respecting Civilian Crews on Auxiliary Vessels 1 Short Title Application Current to June 20, 2022 ii CHAPTER 1046 NATIONAL DEFENCE ACT Civilian Crews on Auxiliary Vessels Direction Direction Made Pursuant to Section 224 of the National Defence Act Respecting Civilian Crews on Auxiliary Vessels Short Title 1 This Direction may be cited as the Civilian Crews on Auxiliary Vessels Direction. Application 2 It is hereby directed that the Government Vessels Discipline Act shall apply to civilian crews engaged for service on auxiliary vessels of the Canadian Forces. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Kidneyshell (Ptychobranchus fasciolaris) Order SOR/2019-309 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Kidneyshell (Ptychobranchus fasciolaris) Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2019-309 August 20, 2019 SPECIES AT RISK ACT Critical Habitat of the Kidneyshell (Ptychobranchus fasciolaris) Order Whereas the Kidneyshell (Ptychobranchus fasciolaris) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect a reserve or other lands that are set apart for the use and benefit of a band and, pursuant to subsection 58(7) of that Act, has consulted with the Minister of Indigenous and Northern Affairs and the band in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Kidneyshell (Ptychobranchus fasciolaris) Order. Ottawa, August 12, 2019 Jonathan Wilkinson Minister of Fisheries and Oceans a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Kidneyshell (Ptychobranchus fasciolaris) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Kidneyshell (Ptychobranchus fasciolaris) which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Salamander Mussel (Simpsonaias ambigua) Order SOR/2019-331 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Salamander Mussel (Simpsonaias ambigua) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2019-331 September 11, 2019 SPECIES AT RISK ACT Critical Habitat of the Salamander (Simpsonaias ambigua) Order Mussel Whereas the Salamander Mussel (Simpsonaias ambigua) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Salamander Mussel (Simpsonaias ambigua) Order. Ottawa, September 6, 2019 Jonathan Wilkinson Minister of Fisheries and Oceans a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Salamander Mussel (Simpsonaias ambigua) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Salamander Mussel (Simpsonaias ambigua), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canadian Hatching Egg Producers Quota Regulations SOR/87-209 Current to June 20, 2022 Last amended on May 19, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 19, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 19, 2022 TABLE OF PROVISIONS Regulations Respecting the Establishment of a Quota System in Respect of Signatory Provinces for the Marketing of Broiler Hatching Eggs in Interprovincial and Export Trade Short Title Interpretation Application for Quota Prohibitions Determination of Quota Limits SCHEDULE Limits for Broiler Hatching Eggs Current to June 20, 2022 Last amended on May 19, 2022 ii Registration SOR/87-209 March 31, 1987 FARM PRODUCTS AGENCIES ACT Canadian Hatching Egg Producers Quota Regulations Whereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency Proclamation*, established the Canadian Broiler Hatching Egg Marketing Agency pursuant to subsection 17(1) of the Farm Products Marketing Agencies Act**; Whereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Broiler Hatching Egg Marketing Agency Proclamation*; Whereas, pursuant to section 6 of the schedule to the Canadian Broiler Hatching Egg Marketing Agency Proclamation*, the Canadian Broiler Hatching Egg Marketing Agency has applied the allocation system set out in Schedule “B” annexed to the Federal Provincial Agreement for Broiler Hatching Eggs; Whereas the proposed Canadian Broiler Hatching Egg Marketing Agency Quota Regulations annexed hereto are regulations of a class to which paragraph 7(1)(d) of the said Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, C.R.C., c. 648, and have been submitted to the National Farm Products Marketing Council pursuant to paragraph 23(1)(f) of the said Act; And Whereas the National Farm Products Marketing Council is satisfied pursuant to paragraph 7(1)(d) of the said Act that the making of the proposed Regulations is necessary for the implementation of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement and has approved the proposed Regulations on February 24, 1987. Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies Act** and subsection 5(1) of the schedule to the Canadian Broiler * SOR/87-40, 1987 Canada Gazette Part II, p. 317 ** S.C. 1970-71-72, c. 65 Current to June 20, 2022 Last amended on May 19, 2022 Canadian Hatching Egg Producers Quota Regulations Hatching Egg Marketing Agency Proclamation*, hereby makes the annexed Regulations respecting the establishment of a quota system in respect of signatory provinces for the marketing of broiler hatching eggs in interprovincial and export trade, effective April 1, 1987. Ottawa, March 31, 1987 * SOR/87-40, 1987 Canada Gazette Part II, p. 317 Current to June 20, 2022 Last amended on May 19, 2022 Short Title 1 These Regulations may be cited as the Canadian Hatching Egg Producers Quota Regulations. SOR/2008-8, s. 1. Interpretation 2 (1) In these Regulations, Act [Repealed, SOR/2013-252, s. 1] Agency [Repealed, SOR/2013-252, s. 1] broiler hatching egg [Repealed, SOR/2013-252, s. 1] chick [Repealed, SOR/2013-252, s. 1] Commodity Board [Repealed, SOR/2013-252, s. 1] export quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under these Regulations, to market in export trade during the period set out in the schedule; (contingent d’exportation) interprovincial quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under these Regulations, to market in interprovincial trade during the period set out in the schedule; (contingent interprovincial) marketing [Repealed, SOR/2013-252, s. 1] producer [Repealed, SOR/2013-252, s. 1] provincial quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under orders, regulations or policy directives made by the Commodity Board of that province, to market in intraprovincial trade during the period set out in the schedule; (contingent provincial) signatory provinces [Repealed, SOR/2013-252, s. 1] (2) [Repealed, SOR/2015-243, s. 1] SOR/87-726, s. 1; SOR/89-359, s. 1; SOR/2008-8, s. 2; SOR/2013-252, s. 1; SOR/2015-243, s. 1. Current to June 20, 2022 Last amended on May 19, 2022 Canadian Hatching Egg Producers Quota Regulations Application for Quota Sections 3-4 Application for Quota 3 (1) A producer in a signatory province who has been allotted a provincial quota by the Commodity Board of that province and who intends to market in interprovincial trade broiler hatching eggs produced in that province shall apply to the Commodity Board for an interprovincial quota. (2) A producer in a signatory province who has been allotted a provincial quota by the Commodity Board of that province and who intends to market in export trade broiler hatching eggs produced in that province shall apply to the Commodity Board for an export quota. Prohibitions 4 (1) No producer in a signatory province shall market in interprovincial trade broiler hatching eggs produced in the province (a) unless an interprovincial quota has been allotted to the producer, on behalf of the Agency, by the Commodity Board of that province; (b) in excess of the interprovincial quota referred to in paragraph (a); or (c) contrary to any rule of the Commodity Board of the province that the Commodity Board has been authorized by the Agency, pursuant to subsection 22(3) of the Act, to apply in performing on behalf of the Agency the function of allotting and administering interprovincial quotas. (2) No producer in a signatory province shall market in export trade broiler hatching eggs produced in the province (a) unless an export quota has been allotted to the producer, on behalf of the Agency, by the Commodity Board of that province; (b) in excess of the export quota referred to in paragraph (a); or (c) contrary to any rule of the Commodity Board of the province that the Commodity Board has been authorized by the Agency, pursuant to subsection 22(3) of the Act, to apply in performing on behalf of the Current to June 20, 2022 Last amended on May 19, 2022 Canadian Hatching Egg Producers Quota Regulations Prohibitions Sections 4-6 Agency the function of allotting and administering export quotas. SOR/2013-252, s. 2. Determination of Quota 5 (1) The number of broiler hatching eggs that a producer in a signatory province is entitled to market in interprovincial trade during the period set out in the schedule shall be equal to (a) the total number of broiler hatching eggs that the producer is authorized by the Commodity Board of the province to market under that producer’s interprovincial quota and provincial quota minus (b) the number of broiler hatching eggs marketed by the producer in intraprovincial trade during that period. (2) The number of broiler hatching eggs that a producer in a signatory province is entitled to market in export trade during the period set out in the schedule shall be equal to the number of broiler hatching eggs that the producer is authorized by the Commodity Board of the province to market under that producer’s export quota. Limits 6 (1) Interprovincial quotas shall be allotted by the Commodity Board of each signatory province to producers in that province in such a manner that the total number of broiler hatching eggs produced in the province and (a) authorized to be marketed under interprovincial quotas allotted on behalf of the Agency by the Commodity Board of the province, (b) authorized to be marketed under provincial quotas allotted by the Commodity Board of the province, and (c) expected to be marketed during the period set out in the schedule under quota exemptions granted in the province will not exceed the number of broiler hatching eggs set out in Column I of the schedule in respect of that province. Current to June 20, 2022 Last amended on May 19, 2022 Canadian Hatching Egg Producers Quota Regulations Limits Section 6 (2) Export quotas shall be allotted by the Commodity Board of each signatory province to producers in that province in such a manner that the total number of broiler hatching eggs produced in the province and authorized to be marketed under export quotas will not exceed the number of broiler hatching eggs set out in Column II of the schedule in respect of that province. Current to June 20, 2022 Last amended on May 19, 2022 Canadian Hatching Egg Producers Quota Regulations SCHEDULE Limits for Broiler Hatching Eggs SCHEDULE (Subsection 2(1) and sections 5 and 6) Limits for Broiler Hatching Eggs Effective During the Period Beginning on January 1, 2022 and Ending on December 31, 2022 Number of Broiler Hatching Eggs Column I Column II Interprovincial and Intraprovincial Trade Export Trade Item Province Ontario 271,899,070 Quebec 222,540,066 Manitoba 38,635,895 British Columbia 124,630,304 Saskatchewan 32,739,959 Alberta 87,229,967 SOR/87-726, s. 2; SOR/89-9, s. 1; SOR/89-359, s. 2; SOR/89-513, s. 1; SOR/90-2, s. 1; SOR/91-15, s. 1; SOR/91-683, s. 1; SOR/92-53, s. 1; SOR/92-337, s. 1; SOR/92-577, s. 1; SOR/93-7, s. 1; SOR/93-513, s. 1; SOR/94-6, s. 1; SOR/95-28, s. 1; SOR/95-29, s. 1; SOR/ 96-15, s. 1; SOR/96-454, s. 1; SOR/96-554, s. 1; SOR/97-283, s.1; SOR/97-537, s. 1; SOR/ 98-480, s. 1; SOR/98-553, s. 1; SOR/2000-91, s. 1; SOR/2000-284, s. 1; SOR/2001-18, s. 1; SOR/2001-439, s. 1; SOR/2001-508, s. 1; SOR/2002-366, s. 1; SOR/2002-432, s. 1; SOR/ 2003-364, s. 1; SOR/2004-4, s. 1; SOR/2004-225, s. 1; SOR/2004-226, s. 1; SOR/2005-332, s. 1; SOR/2005-333, s. 1; SOR/2006-322, s. 1; SOR/2006-323, s. 1; SOR/2008-7, s. 1; SOR/ 2009-8, s. 1; SOR/2009-301, s. 1; SOR/2010-266, s. 1; SOR/2011-270, s. 1; SOR/2012-240, s. 1; SOR/2013-252, s. 3; SOR/2014-315, s. 1; SOR/2015-243, s. 2; SOR/2016-321, s. 1; SOR/2017-243, s. 1; SOR/2018-189, s. 1; SOR/2019-333, s. 1; SOR/2020-31, s. 1; SOR/ 2020-194, s. 1; SOR/2021-4, s. 1; SOR/2021-109, s. 1; SOR/2021-218, s. 1; SOR/2021-218, s. 2; SOR/2022-10, s. 1; SOR/2022-103, s. 1. Current to June 20, 2022 Last amended on May 19, 2022 Canadian Hatching Egg Producers Quota Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2022-103, s. 1 (2) 1 (2) The schedule to the Regulations is replaced by the schedule set out in Schedule 2 to these Regulations. SCHEDULE (Subsection 2(1) and sections 5 and 6) Limits for Broiler Hatching Eggs Effective During the Period Beginning on January 1, 2023 and Ending on December 31, 2023 Number of Broiler Hatching Eggs Column I Column II Interprovincial and Intraprovincial Trade Export Trade Item Province Ontario 282,249,054 Quebec 230,914,953 Manitoba 40,106,661 British Columbia 129,374,649 Saskatchewan 33,986,282 Alberta 90,550,581 Current to June 20, 2022 Last amended on May 19, 2022
Hyperlinks to provincial and territorial courts' websites Rules of provincial and territorial courts made under sections 482, 482.1 and 745.64 of the Criminal Code These rules of court are current to September 18, 2019. As of September 19, 2019, the Department of Justice Canada no longer publishes on its Justice Laws Website the rules made, by provincial and territorial courts, under sections 482 and 482.1 of the Criminal Code. In addition, the Statutory Instruments Act no longer applies to rules established for the purposes of sections 745.6 and 745.63 of the Criminal Code. For more information, please consult hyperlinks to legal information websites. https://laws-lois.justice.gc.ca/eng/Court/index.html If you wish to consult previous versions of the rules published on the Justice Laws Website, please see Previous Versions.
CONSOLIDATION Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 SI/98-62 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 Current to June 20, 2022 ii Registration SI/98-62 June 10, 1998 OLD AGE SECURITY ACT Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ROMÉO LEBLANC [L.S.] Canada Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. To All To Whom these Presents shall come or whom the same may in any way concern, Greeting: GEORGE THOMSON Deputy Attorney General A Proclamation Whereas, by Order in Council P.C. 1997-296 of March 4, 1997, the Governor in Council declared that, in accordance with Article XXIX of the Agreement on Social Security between the Government of Canada and the Government of the Republic of Chile, signed on November 18, 1996, the Agreement shall enter into force on the first day of the fourth month following the month in which each Party shall have received written notification from the other Party that it has complied with all statutory requirements for the entry into force of the Agreement; Whereas the Order was laid before Parliament on October 2, 1997; Whereas, before the twentieth sitting day after Order was laid before Parliament, no motion for consideration of either House to the effect that Order be revoked was filed with the Speaker of appropriate House; the the the the Whereas, pursuant to subsection 42(2) of the Old Age Security Act, the Order came into force on the thirtieth sitting day after it was laid before Parliament, being November 27, 1997; Whereas instruments of ratification were exchanged on February 26, 1998; Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 Whereas the Agreement will enter into force on the first day of the fourth month following the month in which the instruments of ratification were exchanged, being June 1, 1998; And whereas, by Order in Council P.C. 1998-667 of April 23, 1998, the Governor in Council directed that a Proclamation do issue giving notice that the Agreement on Social Security between the Government of Canada and the Government of the Republic of Chile is in force as of June 1, 1998; Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Agreement on Social Security between the Government of Canada and the Government of the Republic of Chile, signed on November 18, 1996, a copy of which is annexed hereto, is in force as of June 1, 1998. Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada. At Our Government House, in Our City of Ottawa, this twenty-second day of May in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-seventh year of Our Reign. By Command, KEVIN G. LYNCH Deputy Registrar General of Canada Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 Agreement on Social Security Between The Government of Canada And The Government of the Republic of Chile THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF CHILE, hereinafter referred to as “the Parties”, RESOLVED to co-operate in the field of social security, HAVE DECIDED to conclude an agreement for this purpose, and HAVE AGREED AS FOLLOWS: PART I General Provisions Article I Definitions 1 For the purposes of this Agreement, the expressions and terms given below shall have the following meaning: “benefit” means any cash benefit, pension or allowance payable under the legislation of either Party, and includes any supplements or increases applicable to such a benefit, pension or allowance; “competent authority” means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards the Republic of Chile, the Minister of Labour and Social Insurance (el Ministro del Trabajo y Previsión Social); “competent institution” means, as regards Canada, the competent authority; and, as regards the Republic of Chile, the institution responsible for the application of the legislation specified in Article II; “creditable period” means, as regards Canada, any period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes a period during which a disability pension is payable under the Canada Pension Plan; and, as regards the Republic of Chile, all periods of contributions or equivalent periods used to acquire any benefit under the legislation of Chile; Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 “dependent worker” means, as regards Canada, an employed person; and, as regards the Republic of Chile, any person who provides services to an employer under an employer/employee relationship; “legislation” means the laws, regulations and other provisions specified in Article II; “national” means, as regards Canada, a Canadian citizen; and, as regards the Republic of Chile, anyone declared as such in its political Constitution; “self-employed person” means any person who carries out an activity on his or her own account for which that person receives an income. 2 Any expression or term not defined in this Article has the meaning assigned to it in the applicable legislation. ARTICLE II Legislation to Which the Agreement Applies 1 This Agreement shall apply to the following legislation: (a) with respect to Canada: (i) the Old Age Security Act and the regulations made thereunder; and (ii) the Canada Pension Plan and the regulations made thereunder; (b) with respect to the Republic of Chile, the legislation concerning: (i) the New System of Pensions for old age, disability and survivors based on individual capitalization; (ii) the plans for old age, disability and survivors pensions administered by the Institute for Social Insurance Standardization (el Instituto de Normalización Previsional); and (iii) for the purposes of Article XVII only, health care plans. 2 Subject to paragraphs 3 and 4, this Agreement shall also apply to laws, regulations and other provisions which amend, supplement, consolidate or supersede the legislation specified in paragraph 1. 3 This Agreement shall apply to laws, regulations and other provisions which extend the schemes specified in paragraph 1 to other categories of beneficiaries or to new benefits only if no objection by the competent authority of either Party has been communicated to the competent authority of the other Party within three months of the notification of the publication or proclamation, as the case may be, of such laws, regulations or other provisions. 4 In the application of this Agreement, no account shall be taken of the provisions of other bilateral or multilateral agreements concluded by either Party insofar as they relate to the legislation specified in paragraph 1. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ARTICLE III Persons to Whom the Agreement Applies This Agreement shall apply: (a) as regards Canada, to any person who is or who has been subject to the legislation of Canada, and to the dependants and survivors of such a person; and (b) as regards the Republic of Chile, to any person who is or who has been subject to the legislation of the Republic of Chile, and to his or her beneficiaries to the extent they derive rights from him or her. ARTICLE IV Equality of Treatment In the application of the legislation of a Party, all persons described in Article III shall be eligible for the benefits, and subject to the obligations, of the legislation of that Party under the same conditions as its nationals. ARTICLE V Export of Benefits 1 Unless otherwise provided in this Agreement, benefits payable under the legislation of a Party to any person described in Article III, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the person resides in the territory of the other Party, and those benefits shall be paid in the territory of the other Party. 2 Benefits payable under this Agreement to a person described in Article III shall be paid in the territory of a third State, provided the person so requests. PART II Provisions Concerning the Applicable Legislation ARTICLE VI General Rule Subject to the provisions of Articles VII to X, a person who carries out an employment activity in the territory of a Party Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 shall be subject, in respect of that employment activity, only to the legislation of that Party. ARTICLE VII Self-Employed Persons A self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the first Party. ARTICLE VIII Detached Workers A dependent worker who is subject to the legislation of a Party and who is temporarily sent by his or her employer to work in the territory of the other Party for a period that does not exceed 60 months shall, in respect of that work, be subject only to the legislation of the first Party during the period of the detachment. ARTICLE IX Persons in Government Employment 1 A person in government employment for a Party who is posted to work in the territory of the other Party shall, in respect of that employment, be subject only to the legislation of the first Party. 2 A person who resides in the territory of a Party and who is engaged therein in government employment for the other Party shall, in respect of that employment, be subject only to the legislation of the first Party. However, if that person is a national of the employing Party, he or she may, within six months of the start of that employment or of the entry into force of this Agreement, elect to be subject only to the legislation of the latter Party. 3 Nothing in this Agreement shall be interpreted as modifying the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or of the Vienna Convention on Consular Relations of 24 April 1963. ARTICLE X Exceptions At the request of workers and employers, the competent authorities of the Parties may, by common agreement, modify the application of the provisions of Articles VI to IX for the benefit of any person or category of persons. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ARTICLE XI Definition of Certain Periods of Residence with Respect to the Legislation of Canada 1 For the purpose of calculating the amount of benefits under the Old Age Security Act: (a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of presence or residence in the Republic of Chile, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of the Republic of Chile by reason of employment or self-employment; and (b) if a person is subject to the legislation of the Republic of Chile during any period of presence or residence in Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment. 2 In the application of paragraph 1: (a) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period of presence or residence in the Republic of Chile only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment; and (b) a person shall be considered to be subject to the legislation of the Republic of Chile during a period of presence or residence in Canada only if that person makes compulsory contributions pursuant to that legislation during that period by reason of employment. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 PART III Provisions Concerning Benefits CHAPTER 1 Totalizing ARTICLE XII Periods under the Legislation of Canada and the Republic of Chile 1 If a person is not entitled to a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Party, the entitlement of that person to that benefit shall be determined by totalizing creditable periods under the legislation of both Parties, as specified in paragraphs 2 through 4, provided that the periods do not overlap. 2 (a) For purposes of determining entitlement to a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of the Republic of Chile shall be considered as a period of residence in Canada. (b) For purposes of determining entitlement to a benefit under the Canada Pension Plan, a calendar year including at least 3 months or 13 weeks of contributions under the legislation of the Republic of Chile shall be considered as a year of contributions under the Canada Pension Plan. 3 For purposes of determining entitlement to an old age benefit under the legislation of the Republic of Chile: (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months or 52 weeks which are creditable under the legislation of the Republic of Chile; and (b) a month or week which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a month or week which is creditable under the legislation of the Republic of Chile. 4 For purposes of determining entitlement to a disability or survivors benefit under the legislation of the Republic of Chile, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months or 52 weeks which are creditable under the legislation of the Republic of Chile. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ARTICLE XIII Minimum Period to be Totalized If the total duration of the creditable periods accumulated by a person under the legislation of a Party is less than one year and if, taking into account only those periods, no right to a benefit exists under that legislation, the competent institution of that Party shall not be required to award benefits to that person in respect of those periods by virtue of this Agreement. CHAPTER 2 Benefits Under the Legislation of Canada ARTICLE XIV Benefits under the Old Age Security Act 1 If a person is entitled to an Old Age Security pension or a spouse’s allowance solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of the pension or spouse’s allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act. 2 Paragraph 1 shall also apply to a person outside Canada who would be entitled to a full pension in Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for entitlement to the payment of a pension outside Canada. 3 Notwithstanding any other provision of this Agreement: (a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and (b) a spouse’s allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ARTICLE XV Benefits under the Canada Pension Plan If a person is entitled to a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of benefit payable to that person in the following manner: (a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan; and (b) the flat-rate portion of the benefit shall be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish entitlement to that benefit, but in no case shall that fraction exceed the value of one. CHAPTER 3 Benefits Under the Legislation of Chile ARTICLE XVI Determining Benefits 1 Persons who are affiliated with a Pensions Funds Administrator (Administradora de Fondos de Pensiones) shall finance their pensions in Chile with the balance accumulated in their individual capitalization account. If this is insufficient to provide pensions in an amount at least equal to the minimum pension guaranteed by the State, affiliated persons shall be entitled to totalize creditable periods in accordance with Chapter 1 in order to qualify for the minimum old age or disability pension benefit. Beneficiaries of a survivors pension shall also have this right. 2 For purposes of determining the fulfilment of the requirements specified in the Chilean legal provisions for an early retirement pension under the New System of Pensions, affiliated persons who have obtained a pension under the legislation of Canada shall be considered as pensioners under the social insurance plans administered by the Institute for Social Insurance Standardization. 3 Workers who have been affiliated with the New System of Pensions in Chile shall be allowed to make voluntary social insurance contributions to that System as self-employed Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 persons during the time they reside in Canada, subject, nonetheless, to compliance with the legislation of the latter country regarding the obligation to contribute. Workers who opt to exercise this right shall be exempt from the obligation to make the contribution intended for the financing of health benefits. 4 Contributors to the pension plans administered by the Institute for Social Insurance Standardization shall also be entitled to totalize periods in accordance with Chapter 1 in order to qualify for the pension benefits for which provision is made in the legislation applicable to them. 5 For the purpose of qualifying for pensions under the legislation that governs the social insurance plans administered by the Institute for Social Insurance Standardization, persons who are receiving pensions under the legislation of Canada shall be considered as current contributors to the social insurance plan that applies to them. 6 In the situations described in paragraphs 1 and 4 above, the competent institution shall determine the amount of the benefit as if all the creditable periods had been completed under its own legislation; for the purposes of the payment of the benefit, it shall calculate the part for which it is liable on the basis of the ratio between the creditable periods completed exclusively in Chile and the total creditable periods completed in both Parties. When the sum of the creditable periods in both Parties exceeds the period specified in the legislation of Chile for entitlement to a full pension, the excess periods shall be disregarded for the purposes of this calculation. ARTICLE XVII Health Benefits for Pensioners Persons who receive a pension under the legislation of Canada and who reside in Chile shall be entitled to enrol themselves in the health benefit plans of Chile under the same conditions as the pensioners of the latter country. CHAPTER 4 Determining Disability ARTICLE XVIII Medical Examinations 1 In determining disability, the competent institution of each Party shall carry out the evaluations required under the legislation that it applies. If a competent institution of a Party requests the competent institution of the other Party to conduct a medical examination of an applicant or beneficiary who resides in the territory of the latter Party, such examination shall be arranged or carried out by an institution of the latter Party. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 2 The cost resulting from a medical examination, whether it is performed by a specialist or a general practitioner, which is in the exclusive interest of the institution which has requested the examination shall be borne by that institution. 3 If the competent institution of Chile bears the cost of such examinations, it can directly charge the person concerned for the reimbursement of 50% of the cost of those examinations. The portion of the cost that the worker assumes shall be deducted by the competent institution of Chile from any pensions that are granted, or, if there are no such pensions, from the balance in the individual capitalization account of workers affiliated with the New System of Pensions. 4 When new examinations are requested for purposes of an appeal against a disability ruling made by Chile, the costs of these examinations shall be paid in the manner specified in the preceding paragraph, unless the appeal has been lodged by a competent institution of Chile or by an insurance company, in which case such expenses shall be borne by the appellant. 5 The conditions under which the provisions of the preceding paragraphs will be applied shall be set out in an administrative arrangement concluded pursuant to Article XIX. PART IV Administrative and Miscellaneous Provisions ARTICLE XIX Administrative Arrangements 1 The competent authorities of the Parties shall establish, by means of administrative arrangements, the measures necessary for the application of this Agreement. 2 The liaison agencies of the Parties shall be designated in those arrangements. ARTICLE XX Exchange of Information and Mutual Assistance 1 The competent authorities and institutions responsible for the application of this Agreement: (a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement; (b) shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to, and payment of, any benefit under this Agreement, or the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation in so far as these changes affect the application of this Agreement. 2 The assistance referred to in sub-paragraph 1(b) shall be provided free of charge, subject to any arrangement, concluded by the competent authorities of the Parties pursuant to Article XIX, for the reimbursement of certain types of expenses. 3 Unless disclosure is required under the laws of a Party, any information about a person which is transmitted in accordance with this Agreement to a Party by the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies. ARTICLE XXI Exemption or Reduction of Taxes, Dues, Fees or Charges 1 Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of a Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party. 2 Any document of an official nature required to be produced for the application of this Agreement shall be exempt from any authentication by diplomatic or consular authorities and similar formality. ARTICLE XXII Language of Communication For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any official language of either Party. ARTICLE XXIII Claims, Notices or Appeals 1 Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed timeframe to a competent authority or institution of that Party, but which is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent authority or institution of the first Party. 2 A claim for benefit under the legislation of a Party made after the date of entry into force of this Agreement shall be Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant, at the time of application, indicates that he or she has completed creditable periods under the legislation of the other Party. The preceding sentence, however, shall not apply if the applicant expressly requests that the submission of his or her claim for a benefit under the legislation of the other Party be delayed. 3 In any case to which paragraph 1 or 2 applies, the authority or institution to which the claim, notice or appeal has been submitted shall transmit it without delay to the authority or institution of the other Party. ARTICLE XXIV Payment of Benefits 1 The competent institution of a Party may discharge its obligations under this Agreement in the currency of that Party. 2 In the event that a Party imposes currency controls, the Parties shall agree, without delay, on the measures necessary to assure the transfer of funds between the territories of the Parties of any amount that must be paid in accordance with this Agreement to persons described in Article III. 3 Benefits shall be paid without any deduction for administrative expenses that may be incurred in paying the benefits. ARTICLE XXV Resolution of Disputes 1 The competent authorities of the Parties shall resolve, to the extent possible, any disputes which may arise in interpreting or applying this Agreement according to its spirit and fundamental principles. 2 The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the competent authorities in accordance with paragraph 1. 3 Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with paragraph 1 or 2 shall, at the request of either Party, be submitted to arbitration by an arbitral tribunal. 4 Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as president. If the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president. 5 The arbitral tribunal shall determine its own procedures. 6 The decision of the arbitral tribunal shall be final and binding on the Parties. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ARTICLE XXVI Understandings with a Province of Canada The authorities of the Republic of Chile and of a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement. PART V Transitional and Final Provisions ARTICLE XXVII Transitional Provisions 1 Any creditable period completed before the date of entry into force of this Agreement shall be taken into account for the purpose of determining the right to a benefit under this Agreement. 2 In the application of this Agreement, events that occurred before the date of its entry into force shall be used to determine the right to benefits, except for lump-sum benefits. However, the payment of these benefits shall, in no case, have retroactive effect before the date of entry into force of this Agreement. ARTICLE XXVIII Period of Duration and Termination 1 This Agreement shall remain in force without any limitation on its duration. It can be terminated at any time by either Party giving 12 months’ notice in writing to the other Party, in which case it shall cease to have effect on the last day of that period. 2 In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and suitable measures shall be taken to settle any rights then in course of acquisition by virtue of those provisions. Current to June 20, 2022 Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Chile Comes into Force on June 1, 1998 ARTICLE XXIX Entry into Force This Agreement shall enter into force on the first day of the fourth month following the date on which the last notification has been sent from each Party to the other advising that it has completed all its internal requirements for the entry into force of this Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement. DONEin two copies at Ottawa, this 18th day of November 1996, in the English, French and Spanish languages, each text being equally authentic. FOR THE GOVERNMENT FOR THE GOVERNMENT OF CANADA OF THE REPUBLIC OF CHILE (Pierre S. Pettigrew) (José Miguel Insulza) Current to June 20, 2022
CONSOLIDATION Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SOR/2014-104 Current to June 20, 2022 Last amended on June 4, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 4, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 4, 2014 TABLE OF PROVISIONS Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Interpretation 1 Definitions Application 2 Dispute proceedings All Proceedings 3 Quorum Principle of proportionality Dispute Proceedings General Interpretation and Dispensing with Compliance 5 Interpretation of Rules Dispensing with compliance and varying rule Filing of Documents and Sending of Copy to Parties 7 Filing Copy to parties Means of transmission Facsimile — cover page Electronic transmission Filing after time limit Language of Documents 13 English or French Amended Documents 14 Substantive amendment Verification by Affidavit or by Witnessed Statement 15 Verification of contents Current to June 20, 2022 Last amended on June 4, 2014 ii Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) TABLE OF PROVISIONS Representation and Change of Contact Information 16 Representative not a member of the bar Change of contact information Pleadings Application 18 Filing of application Answer 19 Filing of answer Reply 20 Filing of reply Intervention 21 Filing of intervention Response to intervention Position Statement 23 Filing of position statement Written Questions and Production of Documents 24 Notice Expedited Process 25 Decision to apply expedited process Close of Pleadings 26 Normal process Requests General Request 27 Filing of request Specific Requests Request for Expedited Process 28 Expedited process Request to Intervene 29 Request to intervene Request to Extend or Shorten Time Limit 30 Extend or shorten Request for Confidentiality 31 Confidential treatment Request to Require Party to Provide Complete Response 32 Requirement to respond Request to Amend Document 33 Amendment Current to June 20, 2022 Last amended on June 4, 2014 iv Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) TABLE OF PROVISIONS Request to File Document Whose Filing is not Otherwise Provided for in Rules 34 Filing Request to Withdraw Document 35 Withdrawal of document Request to Withdraw Application 36 Withdrawal of application Case Management 37 Formulation of issues Preliminary determination Joining of applications Conference Stay of dispute proceeding Notice of intention to dismiss application Transitional Provision, Repeal and Coming into Force Transitional Provision 43 SOR/2005-35 Repeal Coming into Force 45 June 4, 2014 SCHEDULE 1 Translation — Required Information SCHEDULE 2 Verification by Affidavit SCHEDULE 3 Verification by Witnessed Statement SCHEDULE 4 Authorization of Representative SCHEDULE 5 Application Current to June 20, 2022 Last amended on June 4, 2014 v Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) TABLE OF PROVISIONS SCHEDULE 6 Answer to Application SCHEDULE 7 Reply to Answer SCHEDULE 8 Intervention SCHEDULE 9 Response to Intervention SCHEDULE 10 Position Statement SCHEDULE 11 Written Questions or Request for Documents SCHEDULE 12 Response to Written Questions or Request for Documents SCHEDULE 13 Request SCHEDULE 14 Response To Request SCHEDULE 15 Reply to Response to Request SCHEDULE 16 Request To Intervene SCHEDULE 17 Request for Confidentiality SCHEDULE 18 Request for Disclosure Current to June 20, 2022 Last amended on June 4, 2014 v Registration SOR/2014-104 May 5, 2014 CANADA TRANSPORTATION ACT Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) The Canadian Transportation Agency, pursuant to section 17 of the Canada Transportation Acta, makes the annexed Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings). Gatineau, April 29, 2014 GEOFFREY C. HARE Chairperson Canadian Transportation Agency SAM BARONE Vice-Chairperson Canadian Transportation Agency a S.C. 1996, c. 10 Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Interpretation Definitions 1 The following definitions apply in these Rules. Act means the Canada Transportation Act. (Loi) affidavit means a written statement confirmed by oath or a solemn declaration. (affidavit) applicant means a person that files an application with the Agency. (demandeur) application means a document that is filed to commence a proceeding before the Agency under any legislation or regulations that are administered in whole or in part by the Agency. (demande) business day means a day that the Agency is ordinarily open for business. (jour ouvrable) dispute proceeding means any contested matter that is commenced by application to the Agency. (instance de règlement des différends) document includes any information that is recorded in any form. (document) intervener means a person whose request to intervene filed under section 29 has been granted. (intervenant) party means an applicant, a respondent or a person that is named by the Agency as a party. (partie) person includes a partnership and an unincorporated association. (personne) proceeding means any matter that is commenced by application to the Agency, whether contested or not. (instance) respondent means a person that is named as a respondent in an application and any person that is named by the Agency as a respondent. (défendeur) Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Application Sections 2-6 Application Dispute proceedings 2 Subject to sections 3 and 4, these Rules apply to dispute proceedings other than a matter that is the subject of mediation. All Proceedings Quorum 3 In all proceedings, one member constitutes a quorum. Principle of proportionality 4 The Agency is to conduct all proceedings in a manner that is proportionate to the importance and complexity of the issues at stake and the relief claimed. Dispute Proceedings General Interpretation and Dispensing with Compliance Interpretation of Rules 5 (1) These Rules are to be interpreted in a manner that facilitates the most expeditious determination of every dispute proceeding, the optimal use of Agency and party resources and the promotion of justice. Agency’s initiative (2) Anything that may be done on request under these Rules may also be done by the Agency of its own initiative. Dispensing with compliance and varying rule 6 The Agency may, at the request of a person, dispense with compliance with or vary any rule at any time or grant other relief on any terms that will allow for the just determination of the issues. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings General Filing of Documents and Sending of Copy to Parties Sections 7-11 Filing of Documents and Sending of Copy to Parties Filing 7 (1) Any document filed under these Rules must be filed with the Secretary of the Agency. Agency’s public record (2) All filed documents are placed on the Agency’s public record unless the person filing the document files, at the same time, a request for confidentiality under section 31 in respect of the document. Copy to parties 8 A person that files a document must, on the same day, send a copy of the document to each party or, if a party is represented, to the party’s representative, except if the document is (a) a confidential version of a document in respect of which a request for confidentiality is filed under section 31; (b) an application; or (c) a position statement. Means of transmission 9 Documents may be filed with the Agency and copies may be sent to the other parties by courrier, personal delivery, email, facsimile or other electronic means specified by the Agency. Facsimile — cover page 10 A person that files or sends a document by facsimile must include a cover page indicating the total number of pages transmitted, including the cover page, and the name and telephone number of a contact person if problems occur in the transmission of the document. Electronic transmission 11 (1) A document that is sent by email, facsimile or other electronic means is considered to be filed with the Agency and received by the other parties on the date of its transmission if it is sent at or before 5:00 p.m. Gatineau local time on a business day. A document that is sent after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings General Filing of Documents and Sending of Copy to Parties Sections 11-14 Courier or personal delivery (2) A document that is sent by courier or personal delivery is filed with the Agency and received by the other parties on the date of its delivery if it is delivered to the Agency and the other parties at or before 5:00 p.m. Gatineau local time on a business day. A document that is delivered after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day. Filing after time limit 12 (1) A person must not file a document after the end of the applicable time limit for filing the document unless a request has been filed under subsection 30(1) and the request has been granted by the Agency. Filing not provided for in Rules (2) A person must not file a document whose filing is not provided for in these Rules unless a request has been filed under subsection 34(1) and the request has been granted by the Agency. Failure to comply (3) A document that is filed in contravention of subsection (1) or (2) will not be placed on the Agency’s record. Language of Documents English or French 13 (1) Every document filed with the Agency must be in either English or French. Translation (2) If a person files a document that is in a language other than English or French, they must at the same time file an English or French translation of the document and the information referred to in Schedule 1. Treated as original (3) The translation is treated as the original for the purposes of the dispute proceeding. Amended Documents Substantive amendment 14 (1) If a person proposes to make a substantive amendment to a previously filed document, they must file a request under subsection 33(1). Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings General Amended Documents Sections 14-17 Identification of amendment (2) A person that files a document that amends a previously filed document, whether the amendment is substantive or not, must ensure that the amendment is clearly identified in the document and that the word “AMENDED” appears in capital letters in the top right corner of the first page. Verification by Affidavit or by Witnessed Statement Verification of contents 15 (1) If the Agency considers it just and reasonable, the Agency may, by notice, require that a person provide verification of the contents of all or any part of a document by affidavit or by witnessed statement. Filing of verification (2) The verification by affidavit or by witnessed statement must be filed within five business days after the date of the notice referred to in subsection (1) and must include the information referred to in Schedule 2 or Schedule 3, respectively. Failure to file verification (3) The Agency may strike the document or the part of the document in question from the Agency’s record if the person fails to file the verification. Representation and Change of Contact Information Representative not a member of the bar 16 A person that is represented in a dispute proceeding by a person that is not a member of the bar of a province must authorize that person to act on their behalf by filing the information referred to in Schedule 4. Change of contact information 17 A person must, if the contact information they provided to the Agency changes during the course of a dispute proceeding, provide their new contact information to the Agency and the parties without delay. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Pleadings Sections 18-20 Pleadings Application Filing of application 18 (1) Any application filed with the Agency must include the information referred to in Schedule 5. Application complete (2) If the application is complete, the parties are notified in writing that the application has been accepted. Incomplete application (3) If the application is incomplete, the applicant is notified in writing and the applicant must provide the missing information within 20 business days after the date of the notice. Closure of file (4) If the applicant fails to provide the missing information within the time limit, the file is closed. New application (5) An applicant whose file is closed may file a new application in respect of the same matter. Answer Filing of answer 19 A respondent may file an answer to the application. The answer must be filed within 15 business days after the date of the notice indicating that the application has been accepted and must include the information referred to in Schedule 6. Reply Filing of reply 20 (1) An applicant may file a reply to the answer. The reply must be filed within five business days after the day on which they receive a copy of the answer and must include the information referred to in Schedule 7. No new issues (2) The reply must not raise issues or arguments that are not addressed in the answer or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Pleadings Intervention Sections 21-24 Intervention Filing of intervention 21 (1) An intervener may file an intervention. The intervention must be filed within five business days after the day on which their request to intervene is granted by the Agency and must include the information referred to in Schedule 8. Participation rights (2) An intervener’s participation is limited to the participation rights granted by the Agency. Response to intervention 22 An applicant or a respondent that is adverse in interest to an intervener may file a response to the intervention. The response must be filed within five business days after the day on which they receive a copy of the intervention and must include the information referred to in Schedule 9. Position Statement Filing of position statement 23 (1) An interested person may file a position statement. The position statement must be filed before the close of pleadings and must include the information referred to in Schedule 10. No participation rights (2) A person that files a position statement has no participation rights and is not entitled to receive any notice in the dispute proceeding. Written Questions and Production of Documents Notice 24 (1) A party may, by notice, request that any party that is adverse in interest respond to written questions that relate to the matter in dispute or produce documents that are in their possession or control and that relate to the matter in dispute. The notice must include the information referred to in Schedule 11 and must be filed (a) in the case of written questions, before the close of pleadings; and (b) in the case of the production of documents, within five business days after the day on which the party becomes aware of the documents or before the close of pleadings, whichever is earlier. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Pleadings Written Questions and Production of Documents Sections 24-25 Response to notice (2) The party to which a notice has been given must, within five business days after the day on which they receive a copy of the notice, file a complete response to each question or the requested documents, as the case may be, accompanied by the information referred to in Schedule 12. Objection (3) If a party wishes to object to a question or to producing a document, that party must, within the time limit set out in subsection (2), file an objection that includes (a) a clear and concise explanation of the reasons for the objection including, as applicable, the relevance of the information or document requested and their availability for production; (b) any document that is relevant in explaining or supporting the objection; and (c) any other information or document that is in the party’s possession or control and that would be of assistance to the party making the request. Expedited Process Decision to apply expedited process 25 (1) The Agency may, at the request of a party under section 28, decide that an expedited process applies to an answer under section 19 and a reply under section 20 or to any request filed under these Rules. Time limits for filing — answer and reply (2) If an expedited process applies to an answer under section 19 and a reply under section 20, the following time limits apply: (a) the answer must be filed within five business days after the date of the notice indicating that the application has been accepted; and (b) the reply must be filed within three business days after the day on which the applicant receives a copy of the answer. Time limits for filing — request (3) If an expedited process applies to a request filed under these Rules, the following time limits apply: (a) any response to a request must be filed within two business days after the day on which the person who is Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Pleadings Expedited Process Sections 25-27 responding to the request receives a copy of the request; and (b) any reply to a response must be filed within one business day after the day on which the person who is replying to the response receives a copy of the response. Close of Pleadings Normal process 26 (1) Subject to subsection (2), pleadings are closed (a) if no answer is filed, 20 business days after the date of the notice indicating that the application has been accepted; (b) if an answer is filed and no additional documents are filed after that answer, 25 business days after the date of the notice indicating that the application has been accepted; or (c) if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules. Expedited process (2) Under the expedited process, pleadings are closed (a) if no answer is filed, seven business days after the date of the notice indicating that the application has been accepted; (b) if an answer is filed and no additional documents are filed after that answer, 10 business days after the date of the notice indicating that the application has been accepted; or (c) if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules. Requests General Request Filing of request 27 (1) A person may file a request for a decision on any issue that arises within a dispute proceeding and for which a specific request is not provided for under these Rules. The request must be filed as soon as feasible but, at the latest, before the close of pleadings and must include the information referred to in Schedule 13. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests General Request Sections 27-28 Response (2) Any party may file a response to the request. The response must be filed within five business days after the day on which they receive a copy of the request and must include the information referred to in Schedule 14. Reply (3) The person that filed the request may file a reply to the response. The reply must be filed within two business days after the day on which they receive a copy of the response and must include the information referred to in Schedule 15. No new issues (4) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency. Specific Requests Request for Expedited Process Expedited process 28 (1) A party may file a request to have an expedited process applied to an answer under section 19 and a reply under section 20 or to another request filed under these Rules. The request must include the information referred to in Schedule 13. Justification for request (2) The party filing the request must demonstrate to the satisfaction of the Agency that adherence to the time limits set out in these Rules would cause them financial or other prejudice. Time limit for filing (3) The request must be filed (a) if the request is to have an expedited process apply to an answer and a reply, (i) in the case of an applicant, at the time that the application is filed, or (ii) in the case of a respondent, within one business day after the date of the notice indicating that the application has been accepted; or Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests Specific Requests Sections 28-30 (b) if the request is to have an expedited process apply to another request, (i) in the case of a person filing the other request, at the time that that request is filed, or (ii) in the case of a person responding to the other request, within one business day after the day on which they receive a copy of that request. Response (4) Any party may file a response to the request. The response must be filed within one business day after the day on which they receive a copy of the request and must include the information referred to in Schedule 14. Reply (5) The party that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15. No new issues (6) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency. Request to Intervene Request to intervene 29 (1) A person that has a substantial and direct interest in a dispute proceeding may file a request to intervene. The request must be filed within 10 business days after the day on which the person becomes aware of the application or before the close of pleadings, whichever is earlier, and must include the information referred to in Schedule 16. Limits and conditions (2) If the Agency grants the request, it may set limits and conditions on the intervener’s participation in the dispute proceeding. Request to Extend or Shorten Time Limit Extend or shorten 30 (1) A person may file a request to extend or shorten a time limit that applies in respect of a dispute proceeding. The request may be filed before or after the end of the time limit and must include the information referred to in Schedule 13. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests Specific Requests Sections 30-31 Response (2) Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include the information referred to in Schedule 14. Reply (3) The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15. No new issues (4) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency. Request for Confidentiality Confidential treatment 31 (1) A person may file a request for confidentiality in respect of a document that they are filing. The request must include the information referred to in Schedule 17 and must be accompanied by, for each document identified as containing confidential information, (a) one public version of the document from which the confidential information has been redacted; and (b) one confidential version of the document that identifies the confidential information that has been redacted from the public version of the document and that includes, at the top of each page, the words: “CONTAINS CONFIDENTIAL INFORMATION” in capital letters. Agency’s record (2) The request for confidentiality and the public version of the document from which the confidential information has been redacted are placed on the Agency’s public record. The confidential version of the document is placed on the Agency’s confidential record pending a decision of the Agency on the request for confidentiality. Request for disclosure (3) Any party may oppose a request for confidentiality by filing a request for disclosure. The request must be filed within five business days after the day on which they receive a copy of the request for confidentiality and must include the information referred to in Schedule 18. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests Specific Requests Section 31 Response to request for disclosure (4) The person that filed the request for confidentiality may file a response to a request for disclosure. The response must be filed within three business days after the day on which they receive a copy of the request for disclosure and must include the information referred to in Schedule 14. Agency’s decision (5) The Agency may (a) if the Agency determines that the document is not relevant to the dispute proceeding, decide to not place the document on the Agency’s record; (b) if the Agency determines that the document is relevant to the dispute proceeding and that no specific direct harm would likely result from its disclosure or that any demonstrated specific direct harm is not sufficient to outweigh the public interest in having it disclosed, decide to place the document on the Agency’s public record; or (c) if the Agency determines that the document is relevant to the dispute proceeding and that the specific direct harm likely to result from its disclosure justifies confidentiality, (i) decide to confirm the confidentiality of the document or any part of it and keep the document or part of the document on the Agency’s confidential record, (ii) decide to place a version of the document or any part of it from which the confidential information has been redacted on the Agency’s public record, (iii) decide to keep the document or any part of it on the Agency’s confidential record but require that the person requesting confidentiality provide a copy of the document or part of the document in confidence to any party to the dispute proceeding, or to certain of their advisors, experts and representatives, as specified by the Agency, after the person requesting confidentiality has received a signed undertaking of confidentiality from the person to which the copy is to be provided, or (iv) make any other decision that it considers just and reasonable. Filing of undertaking of confidentiality (6) The original copy of the undertaking of confidentiality must be filed with the Agency. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests Specific Requests Sections 32-33 Request to Require Party to Provide Complete Response Requirement to respond 32 (1) A party that has given notice under subsection 24(1) may, if they are not satisfied with the response to the notice or if they wish to contest an objection to their request, file a request to require the party to which the notice was directed to provide a complete response. The request must be filed within two business days after the day on which they receive a copy of the response to the notice or the objection, as the case may be, and must include the information referred to in Schedule 13. Agency’s decision (2) The Agency may do any of the following: (a) require that a question be answered in full or in part; (b) require that a document be provided; (c) require that a party submit secondary evidence of the contents of a document; (d) require that a party produce a document for inspection only; (e) deny the request in whole or in part. Request to Amend Document Amendment 33 (1) A person may, before the close of pleadings, file a request to make a substantive amendment to a previously filed document. The request must include the information referred to in Schedule 13 and a copy of the amended document that the person proposes to file. Response (2) Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include (a) the information referred to in Schedule 14; and (b) a description of any prejudice that would be caused to the party if the request were granted including, if applicable, an explanation of how the proposed amendments would hinder or delay the fair conduct of the dispute proceeding. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests Specific Requests Sections 33-34 Reply (3) The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15. No new issues (4) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency. Agency’s decision (5) The Agency may (a) deny the request; or (b) approve the request in whole or in part and, if the Agency considers it just and reasonable to do so, provide parties that are adverse in interest with an opportunity to respond to the amended document. Request to File Document Whose Filing is not Otherwise Provided for in Rules Filing 34 (1) A person may file a request to file a document whose filing is not otherwise provided for in these Rules. The request must include the information referred to in Schedule 13 and a copy of the document that the person proposes to file. Response (2) Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include (a) the information referred to in Schedule 14; and (b) a description of any prejudice that would be caused to the party if the request were granted including, if applicable, an explanation of how the proposed filing would hinder or delay the fair conduct of the dispute proceeding. Reply (3) The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Requests Specific Requests Sections 34-37 No new issues (4) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency. Agency’s decision (5) The Agency may (a) deny the request; or (b) approve the request and, if pleadings are closed and if the Agency considers it just and reasonable to do so, reopen pleadings to provide the other parties with an opportunity to comment on the document. Request to Withdraw Document Withdrawal of document 35 (1) Subject to section 36, a person may file a request to withdraw any document that they filed in a dispute proceeding. The request must be filed before the close of pleadings and must include the information referred to in Schedule 13. Terms and conditions (2) If the Agency grants the request, it may impose any terms and conditions on the withdrawal that it considers just and reasonable, including the awarding of costs. Request to Withdraw Application Withdrawal of application 36 (1) An applicant may file a request to withdraw their application. The request must be filed before a final decision is made by the Agency in respect of the application and must include the information referred to in Schedule 13. Terms and conditions (2) If the Agency grants the request, it may impose any terms and conditions on the withdrawal that it considers just and reasonable, including the awarding of costs. Case Management Formulation of issues 37 The Agency may formulate the issues to be considered in a dispute proceeding in any of the following circumstances: (a) the documents filed do not clearly identify the issues; Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Case Management Sections 37-40 (b) the formulation would assist in the conduct of the dispute proceeding; (c) the formulation would assist the parties to participate more effectively in the dispute proceeding. Preliminary determination 38 The Agency may, at the request of a party, determine that an issue should be decided as a preliminary question. Joining of applications 39 The Agency may, at the request of a party, join two or more applications and consider them together in one dispute proceeding to provide for a more efficient and effective process. Conference 40 (1) The Agency may, at the request of a party, require the parties to attend a conference by a means of telecommunication or by personal attendance for the purpose of (a) encouraging settlement of the dispute; (b) formulating, clarifying or simplifying the issues; (c) determining the terms of amendment of any document; (d) obtaining the admission of certain facts or determining whether the verification of those facts by affidavit should be required; (e) establishing the procedure to be followed in the dispute proceeding; (f) providing for the exchange by the parties of documents proposed to be submitted; (g) establishing a process for the identification and treatment of confidential information; (h) discussing the appointment of experts; and (i) resolving any other issues to provide for a more efficient and effective process. Written submissions (2) The parties may be required to file written submissions on any issue that is discussed at the conference. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Case Management Sections 40-41 Minutes (3) Minutes are prepared in respect of the conference and placed on the Agency’s record. Agency decision or direction (4) The Agency may issue a decision or direction on any issue discussed at the conference without further submissions from the parties. Stay of dispute proceeding 41 (1) The Agency may, at the request of a party, stay a dispute proceeding in any of the following circumstances: (a) a decision is pending on a preliminary question in respect of the dispute proceeding; (b) a decision is pending in another proceeding or before any court in respect of an issue that is the same as or substantially similar to one raised in the dispute proceeding; (c) a party to the dispute proceeding has not complied with a requirement of these Rules or with a procedural direction issued by the Agency; (d) the Agency considers it just and reasonable to do so. Stay of decision or order (2) The Agency may, at the request of a party, stay a decision or order of the Agency in any of the following circumstances: (a) a review or re-hearing is being considered by the Agency under section 32 of the Act; (b) a review is being considered by the Governor in Council under section 40 of the Act; (c) an application for leave to appeal is made to the Federal Court of Appeal under section 41 of the Act; (d) the Agency considers it just and reasonable to do so. Stay — terms and conditions (3) In staying a dispute proceeding or a decision or order, the Agency may impose any terms and conditions that it considers to be just and reasonable. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) Dispute Proceedings Case Management Sections 42-45 Notice of intention to dismiss application 42 (1) The Agency may, by notice to the applicant and before considering the issues raised in the application, require that the applicant justify why the Agency should not dismiss the application if the Agency is of the preliminary view that (a) the Agency does not have jurisdiction over the subject matter of the application; (b) the dispute proceeding would constitute an abuse of process; or (c) the application contains a fundamental defect. Response (2) The applicant must respond to the notice within 10 business days after the date of the notice, failing which the application may be dismissed without further notice. Opportunity to comment (3) The Agency may provide any other party with an opportunity to comment on whether or not the application should be dismissed. Transitional Provision, Repeal and Coming into Force Transitional Provision SOR/2005-35 43 The Canadian Transportation Agency General Rules, as they read immediately before the coming into force of these Rules, continue to apply to all proceedings before the Agency that were commenced before the coming into force of these Rules except proceedings in respect of which the application filed before that time was not complete. Repeal 44 [Repeal] Coming into Force June 4, 2014 45 These Rules come into force on June 4, 2014, but if they are published after that day, they come into force on the day on which they are published. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 1 Translation — Required Information SCHEDULE 1 (Subsection 13(2)) Translation — Required Information 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the documents and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 A list of the translated documents that indicates, for each document, the language of the original document. 4 An affidavit of the translator that includes (a) the translator’s name and the city or town, the province or state and the country in which the document was translated; (b) an attestation that the translator has translated the document in question and that the translation is, to the translator’s knowledge, true, accurate and complete; (c) the translator’s signature and the date on which and the place at which the affidavit was signed; and (d) the signature and the official seal of the person authorized to take affidavits and the date on which and the place at which the affidavit was made. 5 The name of each party to which a copy of the documents is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 2 Verification by Affidavit SCHEDULE 2 (Subsection 15(2)) Verification by Affidavit 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the documents and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 An affidavit that includes (a) the name of the person making the affidavit and the city or town, the province or state and the country in which it was made; (b) a full description of the information being verified, a list of any supporting documents and a copy of each of those documents marked as appendices; (c) an attestation that the person has personal knowledge of the information and that the information is, to their knowledge, true, accurate and complete or, if the person does not have personal knowledge of the information, a statement indicating the source of the information and an attestation that the information is, to their knowledge, true, accurate and complete; (d) the person’s signature and the date of signing; and (e) the signature and the official seal of a person authorized to take affidavits and the date on which and the place at which the affidavit was made. 4 The name of each party to which a copy of the verification is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 3 Verification by Witnessed Statement SCHEDULE 3 (Subsection 15(2)) Verification by Witnessed Statement 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the documents and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 A statement before a witness that includes (a) the name of the person making the statement and the city or town and the province or state and the country in which it was made; (b) a full description of the information being verified, a list of any supporting documents and a copy of each of those documents marked as appendices; (c) an attestation that the person has personal knowledge of the information and that the information is, to their knowledge, true, accurate and complete or, if the person does not have personal knowledge of the information, a statement indicating the source of the information and an attestation that the information is, to their knowledge, true, accurate and complete; (d) the person’s signature and the date of signing; and (e) the name and signature of the person witnessing the statement and the date on which and place at which the statement was signed. 4 The name of each party to which a copy of the verification is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 4 Authorization of Representative SCHEDULE 4 (Section 16) Authorization of Representative 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person giving the authorization and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 The name of the person’s representative and the representative’s complete address, telephone number and, if applicable, email address and facsimile number. 4 A statement, signed and dated by the representative, indicating that the representative has agreed to act on behalf of the person. 5 A statement, signed and dated by the person giving the authorization, indicating that they authorize the representative to act on their behalf for the purposes of the dispute proceeding. 6 The name of each party to which a copy of the authorization is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 5 Application SCHEDULE 5 (Subsection 18(1)) Application 1 The applicant’s name, complete address, telephone number and, if applicable, email address and facsimile number. 2 If the applicant is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number. 3 If the applicant is represented by a person that is not a member of the bar of a province, a statement to that effect. 4 The respondent’s name and, if known, their complete address, telephone number and, if applicable, email address and facsimile number. 5 The details of the application that include (a) any legislative provisions that the applicant relies on; (b) a clear statement of the issues; (c) a full description of the facts; (d) the relief claimed; and (e) the arguments in support of the application. 6 A list of any documents submitted in support of the application and a copy of each of those documents. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 6 Answer to Application SCHEDULE 6 (Section 19) Answer to Application 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The respondent’s name, complete address, telephone number and, if applicable, email address and facsimile number. 3 If the respondent is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number. 4 If the respondent is represented by a person that is not a member of the bar of a province, a statement to that effect. 5 The details of the answer that include (a) a statement that sets out the elements that the respondent agrees with or disagrees with in the application; (b) a full description of the facts; and (c) the arguments in support of the answer. 6 A list of any documents submitted in support of the answer and a copy of each of those documents. 7 The name of each party to which a copy of the answer is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 7 Reply to Answer SCHEDULE 7 (Subsection 20(1)) Reply to Answer 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the reply. 3 The details of the reply that include (a) a statement that sets out the elements that the applicant agrees with or disagrees with in the answer; and (b) the arguments in support of the reply. 4 A list of any documents submitted in support of the reply and a copy of each of those documents. 5 The name of each party to which a copy of the reply is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 8 Intervention SCHEDULE 8 (Subsection 21(1)) Intervention 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The intervener’s name, complete address, telephone number and, if applicable, email address and facsimile number. 3 If the intervener is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number. 4 If the intervener is represented by a person that is not a member of the bar of a province, a statement to that effect. 5 The details of the intervention that include (a) a statement that indicates the day on which the intervener became aware of the application; (b) a statement that indicates whether the intervener supports the applicant’s position, the respondent’s position or neither position; and (c) the information that the intervener would like the Agency to consider. 6 A list of any documents submitted in support of the intervention and a copy of each of those documents. 7 The name of each party to which a copy of the intervention is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 9 Response to Intervention SCHEDULE 9 (Section 22) Response to Intervention 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the response. 3 The details of the response that include (a) a statement that sets out the elements that the person agrees with or disagrees with in the intervention; and (b) the arguments in support of the response. 4 A list of any documents submitted in support of the response and a copy of each of those documents. 5 The name of each party to which a copy of the response is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 10 Position Statement SCHEDULE 10 (Subsection 23(1)) Position Statement 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the position statement or, if the person is represented, the name of the person on behalf of which the position statement is being filed, and the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 If the person is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number. 4 If the person is represented by a person that is not a member of the bar of a province, a statement to that effect. 5 The details of the position statement that include (a) a statement that indicates whether the person supports the applicant’s position, the respondent’s position or neither position; and (b) the information that the person would like the Agency to consider. 6 A list of any documents submitted in support of the position statement and a copy of each of those documents. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 11 Written Questions or Request for Documents SCHEDULE 11 (Subsection 24(1)) Written Questions or Request for Documents 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the written questions or the request for documents and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 The name of the party to which the written questions or the request for documents is directed. 4 A list of the written questions or of the documents requested, as the case may be, and an explanation of their relevance to the dispute proceeding. 5 A list of any documents submitted in support of the written questions or the request for documents and a copy of each of those documents. 6 The name of each party to which a copy of the written questions or the request for documents is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 12 Response to Written Questions or Request for Documents SCHEDULE 12 (Subsection 24(2)) Response to Written Questions or Request for Documents 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the response to the written questions or the request for documents. 3 A list of the documents produced. 4 A list of any documents submitted in support of the response and a copy of each of those documents. 5 The name of each party to which a copy of the response is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 13 Request SCHEDULE 13 (Subsections 27(1), 28(1), 30(1), 32(1), 33(1), 34(1), 35(1) and 36(1)) Request 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the request and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 The details of the request that include (a) the relief claimed; (b) a summary of the facts; and (c) the arguments in support of the request. 4 A list of any documents submitted in support of the request and a copy of each of those documents. 5 The name of each party to which a copy of the request is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 14 Response To Request SCHEDULE 14 (Subsections 27(2), 28(4), 30(2) and 31(4) and paragraphs 33(2)(a) and 34(2)(a)) Response To Request 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the response. 3 An identification of the request to which the person is responding, including the name of the person that filed the request. 4 The details of the response that include (a) a statement that sets out the elements that the person agrees with or disagrees with in the request; and (b) the arguments in support of the response. 5 A list of any documents submitted in support of the response and a copy of each of those documents. 6 The name of each party to which a copy of the response is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 15 Reply to Response to Request SCHEDULE 15 (Subsections 27(3), 28(5), 30(3), 33(3) and 34(3)) Reply to Response to Request 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the reply. 3 An identification of the response to which the person is replying, including the name of the person that filed the response. 4 The details of the reply that include (a) a statement that sets out the elements that the person agrees with or disagrees with in the response; and (b) the arguments in support of the reply. 5 A list of any documents submitted in support of the reply and a copy of each of those documents. 6 The name of each party to which a copy of the reply is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 16 Request To Intervene SCHEDULE 16 (Subsection 29(1)) Request To Intervene 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person that wishes to intervene in the dispute proceeding, their complete address, telephone number and, if applicable, email address and facsimile number. 3 If the person is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number. 4 If the person is represented by a person that is not a member of the bar of a province, a statement to that effect. 5 The details of the request that include (a) a demonstration of the person’s substantial and direct interest in the dispute proceeding; (b) a statement specifying the date on which the person became aware of the application; (c) a statement that indicates whether the person supports the applicant’s position, the respondent’s position or neither position; and (d) a statement of the participation rights that the person wishes to be granted in the dispute proceeding. 6 A list of any documents submitted in support of the request and a copy of each of those documents. 7 The name of each party to which a copy of the request is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 17 Request for Confidentiality SCHEDULE 17 (Subsection 31(1)) Request for Confidentiality 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the request and, if the information has not already been provided to the Agency, the person’s complete address, telephone number and, if applicable, email address and facsimile number. 3 The details of the request that include (a) an identification of the document or the portion of the document that contains confidential information; (b) a list of the parties, if any, with which the person would be willing to share the document; and (c) the arguments in support of the request, including an explanation of the relevance of the document to the dispute proceeding and a description of the specific direct harm that could result from the disclosure of the confidential information. 4 A list of any documents submitted in support of the request and a copy of each of those documents. 5 The name of each party to which a copy of the request is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014 Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) SCHEDULE 18 Request for Disclosure SCHEDULE 18 (Subsection 31(3)) Request for Disclosure 1 The applicant’s name, the respondent’s name and the file number assigned by the Agency. 2 The name of the person filing the request. 3 The details of the request that include (a) an identification of the documents for which the party is requesting disclosure; (b) a list of the individuals who need access to the documents; and (c) an explanation as to the relevance of the documents for which disclosure is being requested and the public interest in its disclosure. 4 A list of any documents submitted in support of the request and a copy of each of those documents. 5 The name of each party to which a copy of the request is being sent and the complete address, the email address or the facsimile number to which it is being sent. Current to June 20, 2022 Last amended on June 4, 2014
CONSOLIDATION Canada-United States Nuclear Liability Rules [Repealed, SOR/2016-89, s. 1] Current to June 20, 2022 Last amended on January 1, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 1, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 1, 2017 TABLE OF PROVISIONS Rules Implementing Arrangement Between Canada and the United States Described in Subsection 34(3) of the Nuclear Liability Act Current to June 20, 2022 Last amended on January 1, 2017 ii
CONSOLIDATION Canada Deposit Insurance Corporation Deposit Insurance Information By-law SOR/96-542 Current to June 20, 2022 Last amended on December 13, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 13, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 13, 2020 TABLE OF PROVISIONS Canada Deposit Insurance Corporation Deposit Insurance Information By-law Interpretation General Representations About Membership Representations in Advertisements Display of Membership Sign Representations Concerning Deposits and Deposit Insurance Display and Provision of Brochure Display of Badge Federal Credit Unions: Statement of Transitional Coverage Warning Statements for Ineligible Deposits Lists of Trade Names and Financial Products Statement Regarding Compliance SCHEDULE I SCHEDULE II Current to June 20, 2022 Last amended on December 13, 2020 ii Registration SOR/96-542 December 5, 1996 CANADA DEPOSIT INSURANCE CORPORATION ACT Canada Deposit Insurance Corporation Insurance Information By-law Deposit The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(f)a of the Canada Deposit Insurance Corporation Act, hereby makes the annexed Canada Deposit Insurance Corporation Deposit Insurance Information By-law. December 4, 1996 a S.C. 1992, c. 26, s. 4 Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Interpretation 1 The definitions in this section apply in this By-law. Act means the Canada Deposit Insurance Corporation Act. (Loi) CDIC means the Canada Deposit Insurance Corporation. (SADC) electronic business site means a website or other electronic site that is used by a member institution to carry on business and at which a person may make a deposit or commence a transaction to open a deposit account with or without the assistance of a representative of the member institution, and, for greater certainty, includes an automated teller machine. (site d’affaires électronique) place of business means a physical location in Canada where a member institution carries on business, where a person may make a deposit or commence a transaction to open a deposit account with the assistance of a representative of the member institution and where the majority of the deposit-taking activities relate to deposits eligible to be insured by the Corporation, but does not include an automated teller machine. (lieu d’affaires) point of service [Repealed, SOR/2017-215, s. 1] Return of Insured Deposits means the form of return of insured deposits established by the Corporation in accordance with subsection 22(1) of the Act. (Déclaration des dépôts assurés) SOR/99-385, s. 1; SOR/2006-334, s. 1; SOR/2017-215, s. 1; SOR/2020-272, s. 1. General 2 No person shall make any false, misleading or deceptive representation with respect to (a) what constitutes, or does not constitute, a deposit; (b) what constitutes, or does not constitute, a deposit that is insured by the Corporation; or Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law General Sections 2-4 (c) who is a member institution. SOR/2006-334, s. 2. 3 (1) When a member institution makes representations with respect to any of the matters referred to in paragraphs 2(a) to (c), the representations shall be made in accordance with sections 4 to 11. (2) A member institution whose policy of deposit insurance is terminated or cancelled shall immediately remove from each of its places of business, each of its electronic business sites and each of its other websites and electronic sites all references to its status as a member institution and to the deposit insurance provided by the Corporation, including displays of the membership sign, brochure and badge. (3) When a member institution ceases to use a location as a place of business, it shall remove from the location all references to its status as a member institution and to the deposit insurance provided by the Corporation, including displays of the membership sign, brochure and badge. (4) When a member institution is required to display or elects to display a membership sign or badge in digital form, changes may be made to its overall size, but only if the proportions of the sign or badge, as supplied by the Corporation, are maintained and the content is clearly visible and legible. SOR/99-385, s. 2; SOR/2006-334, s. 3; SOR/2017-215, ss. 2, 3; SOR/2020-272, s. 2. 3.1 [Repealed, SOR/2017-215, s. 3] Representations About Membership Representations in Advertisements 4 (1) If a member institution makes a representation about its status as a member institution in its advertising, other than by displaying the membership sign or badge, it shall use one of the following representations, or a representation in substantially the same words as any of the following representations: (a) “Member of the Canada Deposit Insurance Corporation” (or “A Canada Deposit Insurance Corporation member”); (b) “Member of the CDIC” (or “A CDIC member”); (c) “(name of the member institution) is a member of the Canada Deposit Insurance Corporation”; or Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Representations About Membership Representations in Advertisements Sections 4-5 (d) “(name of the member institution) is a member of the CDIC”. (2) The representations may appear anywhere in the advertising of a member institution, if the location at which and the manner in which they are displayed do not give the impression that (a) a person is a member institution when they are not a member institution; or (b) a deposit is insured by the Corporation when it is not eligible to be insured by the Corporation. (3) [Repealed, SOR/2019-186, s. 1] SOR/2006-334, s. 4; SOR/2017-215, s. 3; SOR/2019-186, s. 1; SOR/2020-272, s. 3. Display of Membership Sign 5 (1) A member institution shall prominently display a membership sign supplied by the Corporation (a) in physical form, at each entrance to each of its places of business so that the membership sign is clearly visible during business hours; and (b) in physical or digital form, within each of its places of business so that the membership sign is clearly visible during business hours from the main areas of each of those places of business. (2) A member institution shall display the membership sign in digital form on the home page of its website, either directly or by way of a single hyperlink that links to a page on its website where information about its status as a member institution is available. (3) A member institution shall ensure that the location at which and the manner in which the membership sign is displayed does not give the impression that (a) a person is a member institution when they are not a member institution; or (b) a deposit is insured by the Corporation when it is not eligible to be insured by the Corporation. SOR/2006-334, s. 5; SOR/2017-215, ss. 3, 4; SOR/2019-186, s. 2. Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Representations Concerning Deposits and Deposit Insurance Section 6 Representations Concerning Deposits and Deposit Insurance Display and Provision of Brochure 6 (1) A member institution shall prominently display a brochure in physical form, supplied by the Corporation for that purpose, at each of its places of business and shall also make copies of the brochure available there to depositors and all other persons. (2) A member institution shall, as part of the account opening process for a deposit that is eligible to be insured by the Corporation, provide a depositor (a) if all account opening documents are provided only in digital form, with the digital form of a brochure supplied by the Corporation; (b) if all account opening documents are provided only in physical form, with a printed version of the digital form of the brochure; or (c) in any other case, with either the digital form of the brochure or a printed version of that digital form. (3) The physical and digital form of the brochures shall contain the following: (a) general information about the Corporation; (b) contact information for the Corporation; (c) the Corporation’s logo or other identifiers; (d) information as to what constitutes a deposit that is eligible to be insured by the Corporation; (e) the maximum amount of deposit insurance coverage provided by the Corporation; and (f) information as to what a depositor needs to know when the Corporation is obliged to make an insurance payment. (4) For greater certainty, a member institution, or any other person, may make representations about the subject matter of the brochure if the representation is not false, misleading or deceptive. Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Representations Concerning Deposits and Deposit Insurance Display and Provision of Brochure Sections 6-7 (5) A member institution shall ensure that the location at which and the way in which the brochure is displayed does not give the impression that (a) a person is a member institution when they are not a member institution; or (b) a deposit is insured by the Corporation when it is not eligible to be insured by the Corporation. SOR/2006-334, s. 6; SOR/2017-215, s. 5. Display of Badge 7 (1) Subject to subsections (2), (3) and (5), a member institution shall prominently display the digital form of a badge supplied by the Corporation at each of the following locations on its electronic business sites, other than automated teller machines: (a) the home page; (b) the landing page for each deposit product eligible to be insured by the Corporation; (c) the first page that appears after logging on that displays deposits that are eligible to be insured by the Corporation; and (d) each page where the membership sign is displayed. (2) A member institution shall prominently display the badge supplied by the Corporation in either physical or digital form at each of its automated teller machines at which a person may make deposits. (3) A member institution that shares the home page for an electronic business site with a person other than a member institution shall not display the badge on the home page. (4) The badge, whether in physical or digital form, shall contain, at a minimum, the Corporation’s logo or other identifiers. The badge in digital form shall also contain a hyperlink to the contents of the brochure referred to in subsection 6(3), unless the badge is being displayed on an automated teller machine. (5) A member institution shall ensure that the location at which and the way in which the badge is displayed does not give the impression that (a) a person is a member institution when they are not a member institution; or Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Representations Concerning Deposits and Deposit Insurance Display of Badge Sections 7-8 (b) a deposit is insured by the Corporation when it is not eligible to be insured by the Corporation. SOR/99-385, s. 3; SOR/2006-334, s. 6; SOR/2017-215, s. 5; SOR/2019-186, s. 3. 7.1 [Repealed, SOR/2017-215, s. 6] 7.2 [Repealed, SOR/2017-215, s. 7] Federal Credit Unions: Statement of Transitional Coverage 8 (1) A federal credit union shall prepare a statement of transitional coverage that contains the following information which has been verified by the Corporation: (a) the purpose of the statement; (b) a description of the deposit insurance coverage provided by the Corporation that applies to the preexisting deposits of the federal credit union during the transition period; (c) the day on which the deposit insurance coverage referred to in paragraph (b) expires; and (d) a description of the deposit insurance coverage provided by the Corporation that will apply to the deposits of the federal credit union after the transition period expires. (2) A federal credit union shall, beginning on the day on which it becomes a member institution and ending on the day on which the transition period expires, (a) make the statement of transitional coverage available by way of a hyperlink on every page of its website that refers to deposit products; and (b) make a copy of the statement available to depositors at each of its places of business. (3) A federal credit union shall, for a period of 180 days after the day on which it becomes a member institution, prominently display, at each of its places of business, a sign that refers depositors and all other persons to the statement of transitional coverage and indicates how they can obtain a copy of that statement. (4) Subject to subsection (5), a federal credit union shall, not earlier than 12 weeks but not later than 4 weeks before the end of the transition period, provide to a depositor in respect of any pre-existing deposit that exceeds $100,000 and is to be repaid on a fixed day, a copy Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Federal Credit Unions: Statement of Transitional Coverage Sections 8-9 of the statement of transitional coverage or an indication of how they can obtain a copy of that statement. (5) A federal credit union that has provided to a depositor a copy of the statement of transitional coverage in respect of a pre-existing deposit, or given to a depositor an indication of how that copy can be obtained, is not required to provide to the same depositor in respect of any other pre-existing deposit a copy of the statement or an indication of how the copy can be obtained. SOR/2017-215, s. 9. Warning Statements for Ineligible Deposits 9 (1) Subject to subsection (2), if a member institution issues an instrument to a person evidencing that the member institution has received or is holding money that constitutes a deposit that is not eligible to be insured by the Corporation, the member institution shall include on the face of the instrument a warning statement in substantially the same words as one of the following statements: (a) “Not insured by the CDIC”; (b) “Not insured by the Canada Deposit Insurance Corporation”; or (c) “The deposit evidenced by this instrument does not constitute a deposit that is insured under the Canada Deposit Insurance Corporation Act”. (2) If a member institution issues an instrument to a person evidencing that the member institution has received or is holding money that constitutes both a deposit that is eligible to be insured by the Corporation and a deposit that is not eligible to be insured by the Corporation, the member institution shall include on the face of the instrument, in the location specified, a warning statement in substantially the same words as one of the following statements: (a) [Repealed, SOR/2019-186, s. 4] (b) “The following deposits evidenced by this instrument do not constitute deposits that are insured under the Canada Deposit Insurance Corporation Act:” before the list of deposits that are not eligible to be insured by the Corporation; (c) “Not insured by the CDIC” beside the reference to each deposit that is not eligible to be insured by the Corporation; Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Warning Statements for Ineligible Deposits Sections 9-10 (d) “Not insured by the Canada Deposit Insurance Corporation” beside the reference to each deposit that is not eligible to be insured by the Corporation; or (e) “Not insured by the CDIC” in a footnote the reference mark for which is located beside the reference to each deposit that is not eligible to be insured by the Corporation. (3) If a person communicates by telephone with a member institution to make a deposit or commence a transaction to open a deposit account referred to in subsection (1) or (2), the member institution shall (a) make an oral representation in substantially the same words as one of the statements set out in subsection (2); and (b) issue to the person in writing, in paper or electronic form, a notice that includes one of the statements set out in subsection (2). SOR/99-385, s. 5; SOR/99-465, s. 1(F); SOR/2006-334, s. 9; SOR/2017-215, s. 9; SOR/ 2019-186, s. 4; SOR/2020-272, s. 4. 9.1 (1) [Repealed, SOR/2019-186, s. 5] (2) If a member institution elects to affix a warning statement to any document evidencing that the member institution has received or is holding money that does not constitute a deposit that is eligible to be insured by the Corporation, the statement shall be in substantially the same words as one set out in one of paragraphs 9(1)(a) to (c). SOR/99-385, s. 6; SOR/99-465, s. 1(F); SOR/2006-334, s. 10; SOR/2017-215, s. 9; SOR/ 2019-186, s. 5. 9.2 [Repealed, SOR/2017-215, s. 10] Lists of Trade Names and Financial Products 10 A member institution shall not, in the course of its deposit-taking activities relating to deposits eligible to be insured by the Corporation, use one of its trade names in its representations about who is a member institution, what constitutes a deposit or what constitutes a deposit that is insured by the Corporation, unless the member institution (a) prepares and maintains an up-to-date list of those trade names; (b) makes the list available on its website in a location that a depositor would be reasonably expected to look for information about the member institution’s trade names; Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law Lists of Trade Names and Financial Products Sections 10-12 (c) provides the Corporation with a copy of the list with its Return of Insured Deposits; (d) provides the Corporation with not less than 15 days’ notice of any new trade name to be used in the course of its deposit-taking activities relating to deposits eligible to be insured by the Corporation and the date of the intended first public use of that trade name by the member institution; and (e) permits the Corporation to make the contents of the list, and any updates to the list, available to the public. SOR/2017-215, s. 11; SOR/2020-272, s. 5. 11 (1) A member institution shall prepare and maintain an up-to-date list of each type of instrument evidencing that the member institution has received or is holding money from or on behalf of a person (a) that constitutes a deposit that is eligible to be insured by the Corporation; (b) that is or is to be set out in the member institution’s Return of Insured Deposits; and (c) in respect of which the Corporation collects a premium in accordance with section 21 of the Act. (2) The list shall be (a) in printed form; or (b) entered or recorded by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time. (3) A member institution shall provide a copy of the list to the Corporation with its Return of Insured Deposits. SOR/99-385, s. 4; SOR/2006-334, s. 8; SOR/2017-215, s. 8. Statement Regarding Compliance 12 A member institution shall state whether or not it is in compliance with this By-law and shall submit that statement with the Return of Insured Deposits. SOR/2017-215, s. 12. Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law SCHEDULE I SCHEDULE I [Repealed, SOR/2006-334, s. 11] Current to June 20, 2022 Last amended on December 13, 2020 Canada Deposit Insurance Corporation Deposit Insurance Information By-law SCHEDULE II SCHEDULE II [Repealed, SOR/2006-334, s. 11] Current to June 20, 2022 Last amended on December 13, 2020
CONSOLIDATION Canadian Egg Marketing Agency Quota Regulations, 1986 SOR/86-8 Current to June 20, 2022 Last amended on May 15, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 15, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 15, 2022 TABLE OF PROVISIONS Regulations Respecting the Determination of the Number of Dozens of Eggs that an Egg Producer may Market in Interprovincial and Export Trade Short Title Interpretation Application Federal Quota Prohibitions Entitlement to a Federal Quota 5.1 Entitlement to Egg for Processing Quota, Special Temporary Market Requirement Quota and Vaccine Quota Relationship of Federal Quota to Provincial Quota Limits SCHEDULE 1 SCHEDULE 1.1 SCHEDULE 1.2 SCHEDULE 1.3 SCHEDULE 2 Current to June 20, 2022 Last amended on May 15, 2022 ii Registration SOR/86-8 December 17, 1985 FARM PRODUCTS AGENCIES ACT Canadian Egg Marketing Agency Quota Regulations, 1986 Whereas the Governor in Council has by the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, established the Canadian Egg Marketing Agency pursuant to subsection 17(1) of the Farm Products Marketing Agencies Act*; Whereas the Canadian Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Egg Marketing Agency Proclamation; Whereas the proposed Canadian Egg Marketing Agency Quota Regulations annexed hereto are of a class to which paragraph 7(1)(d) of the said Act ap‐ plies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, C.R.C., c. 648, and has been submitted to the National Farm Products Marketing Council pursuant to paragraph 23(1)(f) of the said Act; And Whereas the National Farm Products Marketing Council is satisfied pursuant to paragraph 7(1)(d) of the said Act that the making of the proposed Regulations is necessary for the implementation of the marketing plan that the Canadian Egg Marketing Agency is authorized to implement and has approved the proposed Regulations on the 13th day of December, 1985. Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies Act* and subsection 2(1) of Part II of the Schedule to the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, hereby makes the an‐ nexed Regulations respecting the determination of the number of dozens of eggs that an egg producer may market in interprovincial and export trade. Ottawa, December 13, 1985 * S.C. 1970-71-72, c. 65 Current to June 20, 2022 Last amended on May 15, 2022 Short Title 1 These Regulations may be cited as the Canadian Egg Marketing Agency Quota Regulations, 1986. SOR/86-411, s. 1. Interpretation 2 In these Regulations: Act means the Farm Products Agencies Act; (Loi) Agency means the Canadian Egg Marketing Agency; (Office) Commodity Board means, in respect of the Province of (a) Ontario, the Ontario Egg Producers, (b) Quebec, la Fédération des producteurs d’œufs de consommation du Québec, (c) Nova Scotia, the Nova Scotia Egg and Pullet Producers Marketing Board, (d) New Brunswick, the New Brunswick Egg Marketing Board, (e) British Columbia, the British Columbia Egg Producers, (f) Prince Edward Island, the Prince Edward Island Egg Commodity Marketing Board, (g) Manitoba, the Manitoba Egg Producers, (h) Saskatchewan, the Saskatchewan Egg Producers, (i) Alberta, the Alberta Egg and Fowl Marketing Board, (j) Newfoundland, the Newfoundland Egg Marketing Board, and (k) the Northwest Territories, the Northwest Territories Egg Producers; (Office de commercialisation) designated facilities [Repealed, SOR/2017-206, s. 1] egg means the egg of a domestic hen; (œuf) Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Interpretation Section 2 egg for processing quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a processor in interprovincial and export trade during the period set out in Schedule 1.2; (contingent de transformation) export market development quota [Repealed, SOR/ 2017-206, s. 1] export quota [Repealed, SOR/2001-27, s. 1] federal quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market in interprovincial and export trade through normal marketing channels during the period set out in Schedule 1; (contingent fédéral) hen means a hen belonging to the species gallus domesticus; (poule) marketing, in relation to eggs, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation) processor means any person who breaks eggs and filters, blends, heat-treats, stabilizes, mixes, cools, freezes and dries eggs; (transformateur) producer means any person engaged in the production of eggs; (producteur) provincial quota means the number of dozens of eggs that a producer is entitled, under orders, regulations or policy directives, made by the Commodity Board of a province, to market in intraprovincial trade during the period set out in Schedule 1; (contingent provincial) special temporary market requirement quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a processor in interprovincial and export trade to satisfy temporary market requirements for eggs during the period set out in Schedule 1.1; (contingent spécial pour les besoins temporaires du marché) vaccine quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a vaccine manufacturer in interprovincial and export trade during the period set out in Schedule 2. (contingent de vaccin) SOR/86-411, s. 2; SOR/98-539, s. 1; SOR/99-47, s. 1; SOR/99-187, s. 1; SOR/2000-234, s. 1; SOR/2001-27, s. 1; SOR/2008-14, s. 1; SOR/2015-222, s. 1; SOR/2015-251, s. 1; SOR/ 2017-206, s. 1. Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Interpretation Sections 2-4 Application 3 (1) Subject to subsection (2), these Regulations apply to the marketing of eggs in interprovincial and export trade. (2) These Regulations do not apply to eggs that are placed in an incubator for hatching. Federal Quota Prohibitions 4 (1) No producer shall market eggs in interprovincial or export trade unless (a) a federal quota, egg for processing quota, special temporary market requirement quota or vaccine quota has been allotted to the producer, on behalf of the Agency, by the Commodity Board of the province in which the producer’s egg production facilities are located; (b) the number of eggs marketed does not exceed the federal quota, egg for processing quota, special temporary market requirement quota or vaccine quota referred to in paragraph (a); (c) the producer complies with any subsisting rules of the Commodity Board referred to in paragraph (a) that the Commodity Board has been authorized by the Agency, under subsection 22(3) of the Act, to apply, in performing on behalf of the Agency the function of allotting and administering federal quotas, egg for processing quotas, special temporary market requirement quotas and vaccine quotas; (d) in the case of eggs marketed by the producer under an egg for processing quota, (i) all such eggs are sold by the producer to a processor at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program, (ii) all such eggs are sold by the producer to the processor pursuant to a contract that has been approved by the Agency, Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Federal Quota Prohibitions Section 4 (iii) the producer holds a seller’s licence and the processor holds a buyer’s licence issued pursuant to the Canadian Egg Licensing Regulations, 1987, (iv) the receipts from the sale of all such eggs are pooled, and (v) payment to the producer for the sale of such eggs is determined upon the pooled receipts less expenses incurred by the Agency in relation to all sales; (e) [Repealed, SOR/2017-206, s. 2] (e.1) in the case of eggs marketed by the producer under a special temporary market requirement quota, (i) all such eggs are sold by the producer to a processor at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program, and (ii) all such eggs are sold by the producer to the processor pursuant to a contract that has been approved by the Agency; and (f) in the case of eggs marketed by a producer under a vaccine quota (i) all such eggs are sold by the producer to a vaccine manufacturer at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program, (ii) all such eggs are sold by the producer to the vaccine manufacturer under a contract that has been approved by the Agency, and (iii) the producer holds a seller’s licence and the vaccine manufacturer holds a buyer’s licence issued under the Canadian Egg Licensing Regulations, 1987. (2) Subsection (1) does not apply to eggs marketed under quota exemptions referred to in subsection 7(2). SOR/98-539, s. 2; SOR/99-47, s. 2; SOR/2001-27, s. 2; SOR/2008-14, s. 2; SOR/2015-222, s. 2; SOR/2017-206, s. 2. Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Entitlement to a Federal Quota Sections 5-6 Entitlement to a Federal Quota 5 (1) Subject to subsection (2), a producer is not entitled to be allotted a federal quota unless, immediately before the coming into force of these Regulations, (a) the producer had a provincial quota that was allotted to him by the Commodity Board of the province in which the producer’s egg production facilities are located; and (b) the producer was entitled to a federal quota pursuant to the Canadian Egg Marketing Agency Quota Regulations, C.R.C., c. 656. (2) After the coming into force of these Regulations, a producer is entitled to be allotted a federal quota if, pursuant to the rules of the Commodity Board of the province in which the producer’s egg production facilities are located, the producer is allotted a provincial quota. Entitlement to Egg for Processing Quota, Special Temporary Market Requirement Quota and Vaccine Quota 5.1 A producer is entitled to be allotted an egg for processing quota, a special temporary market requirement quota or a vaccine quota if the producer has been allotted, or would be entitled to be allotted, a federal quota under these Regulations. SOR/98-539, s. 3; SOR/2001-27, s. 3; SOR/2008-14, s. 3; SOR/2015-222, s. 3. 5.2 [Repealed, SOR/2017-206, s. 3] Relationship of Federal Quota to Provincial Quota 6 Subject to these Regulations, the quantity of eggs that a producer is authorized to market from a province under a federal quota during the period set out in Schedule 1 shall equal the provincial quota allotted to the producer for that period by the Commodity Board of the province Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Relationship of Federal Quota to Provincial Quota Sections 6-7.1 minus the quantity of eggs marketed by the producer in intraprovincial trade in that province during the period. SOR/86-411, s. 3; SOR/99-187, s. 2; SOR/2000-234, s. 2; SOR/2008-14, s. 4. Limits 7 (1) The Commodity Board of a province shall allot federal quotas to producers of that province in such a manner that, during the period set out in Schedule 1, the aggregate of the number of dozens of eggs referred to in paragraphs (a) to (c) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province: (a) the number of dozens of eggs produced in the province and authorized to be marketed by producers under federal quotas allotted on behalf of the Agency by the Commodity Board of the province; (b) the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under provincial quotas allotted by the Commodity Board of the province; and (c) the number of dozens of eggs produced in the province and anticipated to be marketed by producers under quota exemptions granted by the Commodity Board of the province. (2) For the purposes of paragraph (1)(c), eggs marketed under quota exemptions include (a) eggs marketed by a producer whose flock of hens is below the flock size specified by the Commodity Board of the province as the flock size below which the eggs produced therefrom may be marketed under a quota exemption; (b) hatching eggs authorized by the Commodity Board of the province to be marketed for human consumption; and (c) eggs marketed by any organization that is granted an exemption by the Commodity Board of the province. SOR/86-411, s. 4; SOR/98-539, s. 4; SOR/99-187, s. 3; SOR/2000-234, s. 3; SOR/2008-14, s. 5. 7.1 (1) The Commodity Board of a province shall allot egg for processing quotas to producers of that province in a manner that, during the period set out in Schedule 1.2, the aggregate of the number of dozens of eggs referred to Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Limits Section 7.1 in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province. (a) the number of dozen of eggs produced in the province and authorized to be marketed by producers under egg for processing quotas allotted on behalf of the Agency by the Commodity Board of the province, and (b) the number of dozen of eggs produced in the province and authorized to be marked by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province. (1.1) The Commodity Board of a province shall allot special temporary market requirement quotas to producers of that province in such a manner that, during the period set out in Schedule 1.1, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province: (a) the number of dozens of eggs produced in the province and authorized to be marketed by producers under special temporary market requirement quotas allotted on behalf of the Agency by the Commodity Board of the province; and (b) the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province. (2) The Commodity Board of a province shall allot vaccine quotas to producers of that province in such a manner that, during the period set out in Schedule 2, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province: (a) the number of dozens of eggs produced in the province and authorized to be marketed by producers under vaccine quotas allotted on behalf of the Agency by the Commodity Board of the province; and (b) the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province. SOR/98-539, s. 5; SOR/2001-27, s. 4; SOR/2008-14, s. 6; SOR/2015-222, s. 4; SOR/ 2015-251, s. 2. Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 Limits Sections 7.2-8 and 9 7.2 [Repealed, SOR/2017-206, s. 4] 8 and 9 [Repealed, SOR/86-411, s. 5] Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 SCHEDULE 1 SCHEDULE 1 (Sections 2 and 6 and subsection 7(1)) Limits to Federal Quotas for the Period Beginning on December 26, 2021 and Ending on December 31, 2022 Column 1 Column 2 Province Limits to Federal Quotas (Number of Dozens of Eggs) Ontario 282,136,556 Quebec 160,806,261 Nova Scotia 25,162,975 New Brunswick 15,223,062 Manitoba 73,465,884 British Columbia 96,246,222 Prince Edward Island 4,173,880 Saskatchewan 35,945,564 Alberta 81,341,298 Newfoundland and Labrador 11,241,364 Northwest Territories 3,671,062 SOR/86-411, s. 6; SOR/87-303, s. 1; SOR/88-304, s. 1; SOR/88-553, s. 1; SOR/89-191, s. 1; SOR/90-29, s. 1; SOR/91-248, s. 1; SOR/91-699, s. 1; SOR/92-193, s. 1; SOR/92-336, s. 1; SOR/92-748, s. 1; SOR/93-582, s. 1; SOR/95-134, s. 1; SOR/96-17, s. 1; SOR/97-4, s. 1; SOR/97-553, s. 1; SOR/98-539, s. 6; SOR/99-47, s. 5; SOR/99-187, s. 4; SOR/2000-40, s. 1; SOR/2000-234, s. 5; SOR/2001-27, s. 5; SOR/2002-29, s. 1; SOR/2002-38, s. 1; SOR/ 2003-23, s. 2; SOR/2004-55, s. 1; SOR/2004-171, s. 1; SOR/2004-319, s. 1; SOR/2007-52, s. 1; SOR/2008-13, s. 1; SOR/2008-14, ss. 8, 9; SOR/2009-81, s. 1; SOR/2009-140, s. 1; SOR/2010-5, s. 1; SOR/2010-6, s. 1; SOR/2010-159, s. 1; SOR/2010-314, s. 1; SOR/ 2011-332, s. 1; SOR/2012-173, s. 1; SOR/2012-302, s. 1; SOR/2013-250, s. 1; SOR/ 2014-229, s. 1; SOR/2014-320, s. 1; SOR/2015-112, s. 1; SOR/2015-251, s. 4; SOR/ 2016-324, s. 1; SOR/2017-288, s. 1; SOR/2019-5, s. 1; SOR/2020-2, s. 1; SOR/2020-292, s. 1; SOR/2021-216, s. 1; SOR/2021-256, s. 1. Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 SCHEDULE 1.1 SCHEDULE 1.1 (Section 2 and subsection 7.1(1.1)) Limits to Special Temporary Market Requirement Quotas for the Period Beginning on May 15, 2022 and Ending on December 31, 2022 Column 1 Column 2 Province Limits to Special Temporary Market Requirement Quotas (Number of Dozens of Eggs) Ontario 8,440,058 Quebec 3,087,821 Nova Scotia 1,646,828 New Brunswick 679,316 Manitoba 1,091,036 British Columbia 2,367,341 Prince Edward Island Saskatchewan 885,185 Alberta 329,376 Newfoundland and Labrador Northwest Territories SOR/2015-222, s. 5; SOR/2015-251, s. 4; SOR/2016-233, s. 1; SOR/2016-325, s. 1; SOR/ 2017-289, s. 1; SOR/2019-6, s. 1; SOR/2020-3, s. 1; SOR/2020-293, s. 1; SOR/2021-257, s. 1; SOR/2022-96, s. 1. Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 SCHEDULE 1.2 SCHEDULE 1.2 (Section 2 and subsection 7.1(1)) Limits to Egg for Processing Quotas for the Period Beginning on December 26, 2021 and Ending on December 31, 2022 Column 1 Column 2 Province Limits to Egg for Processing Quotas (Number of Dozens of Eggs) Ontario 20,368,176 Quebec 7,962,000 Nova Scotia New Brunswick Manitoba 5,308,000 British Columbia 2,654,000 Prince Edward Island Saskatchewan Alberta 0 3,317,500 663,500 Newfoundland and Labrador Northwest Territories SOR/2015-251, s. 4; SOR/2016-100, s. 1; SOR/2016-326, s. 1; SOR/2017-290, s. 1; SOR/ 2019-7, s. 1; SOR/2020-4, s. 1; SOR/2020-294, s. 1; SOR/2021-258, s. 1. Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 SCHEDULE 1.3 SCHEDULE 1.3 [Repealed, SOR/2017-206, s. 5] Current to June 20, 2022 Last amended on May 15, 2022 Canadian Egg Marketing Agency Quota Regulations, 1986 SCHEDULE 2 SCHEDULE 2 (Section 2 and subsection 7.1(2)) Limits to Vaccine Quotas for the Period Beginning on December 26, 2021 and Ending on December 31, 2022 Column 1 Column 2 Province Limits to Vaccine Quotas (Number of Dozens of Eggs) Ontario 2,661,750 Quebec 10,674,090 Nova Scotia New Brunswick Manitoba British Columbia Prince Edward Island Saskatchewan Alberta Newfoundland and Labrador Northwest Territories SOR/2008-14, s. 10; SOR/2008-225, s. 1; SOR/2009-81, 2010-260, s. 1; SOR/2011-218, s. 1; SOR/2011-331, s. 2013-200, s. 1; SOR/2014-230, s. 1; SOR/2015-244, s. 2017-237, s. 1; SOR/2018-241, s. 1; SOR/2019-338, s. 2021-254, s. 1. Current to June 20, 2022 Last amended on May 15, 2022 s. 1; 1; 1; 2; SOR/2010-6, SOR/2012-174, SOR/2016-286, SOR/2020-295, s. s. s. s. 1; 1; 1; 1; SOR/ SOR/ SOR/ SOR/
CONSOLIDATION Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System SOR/2003-346 Current to June 20, 2022 Last amended on June 1, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 1, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 1, 2022 TABLE OF PROVISIONS Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System Interpretation 1 Definitions General 2 Notices PART 1 Payment Items DIVISION 1 Application 3 Application — exchanges DIVISION 2 General 4 Obligation — non-member entities Means of settlement DIVISION 3 Payment Items Acceptable for Clearing Classes of Payment Items 6 Approved payment items Government Payment Items 7 Government payment items International Payment Items 8 Classes of international payment items Payment Items in Dispute 9 Prohibition DIVISION 4 Exchange, Clearing and Settlement 14 Exchange irrevocable and irreversible Compliance with by-laws and rules Settlement account — indirect clearers Current to June 20, 2022 Last amended on June 20, 2022 ii Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System TABLE OF PROVISIONS DIVISION 5 Return of Payment Items 17 Returns in accordance with the rules Acceptance of returned payment items PART 2 Automated Clearing Settlement System DIVISION 1 Application 19 Application DIVISION 2 General 20 Exclusion of liability Ownership ACSS operated by Association Operation of ACSS Access to information DIVISION 3 Participation in the ACSS Participants 25 Participants Requirements 26 Direct Clearers Appointment Revocation of status Groups and Group Clearers Composition of group Required approval Revocation of status Exception — Direct Clearer and Group Clearer Exception Clearing agents appointment Revocation of status Pledging Collateral 34.1 Calculation of necessary collateral 34.2 Restricted purpose Current to June 20, 2022 Last amended on June 20, 2022 iv Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System TABLE OF PROVISIONS DIVISION 4 Representation General 35 Representation of indirect clearers Amalgamations Prior to Acting — Clearing Agent 37 Notice Ceasing to Act — Clearing Agent and Group Clearer 38 30 days notice Exception — ceasing to act immediately Obligation to accept payment items Designation of new clearing agent Duty to cooperate Change to Composition of Group 43 Notice 43.1 Exception — immediately ceasing to act Obligation to accept payment items DIVISION 5 Exchange, Clearing and Settlement Exchange 45 Reception of payment items Suspension of exchanges Clearing 47 Entries Establishment of clearing balances Errors in clearing balances Settlement 50 Settlement Notification of settlement Settlement is final DIVISION 6 Default Default of Direct Clearer or Group Clearer 53 Default of direct clearer or group clearer Allocation of shortfall Current to June 20, 2022 Last amended on June 20, 2022 v Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System TABLE OF PROVISIONS 57.01 Calculation of additional contribution 57.02 Reimbursement with interest 57.1 Prohibition — entries into ACSS Default of Indirect Clearer 58 Default of indirect clearer Repeal 63 Repeal Coming into Force 64 Coming into force Current to June 20, 2022 Last amended on June 20, 2022 v Registration SOR/2003-346 October 23, 2003 CANADIAN PAYMENTS ACT Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System P.C. 2003-1624 October 23, 2003 The Board of Directors of the Canadian Payments Association, pursuant to the definition payment itema in subsection 2(1) and to subsection 18(1)b of the Canadian Payments Actc, hereby makes the annexed Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System. Ottawa, June 25, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 18(2) of the Canadian Payments Actc, hereby approves the annexed Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System, made by the Board of Directors of the Canadian Payments Association. a S.C. 2001, c. 9, s. 219(3) b S.C. 2001, c. 9, s. 233 c S.C. 2001, c. 9, s. 218 Current to June 20, 2022 Last amended on June 20, 2022 Interpretation Definitions 1 The following definitions apply in this By-law. ACSS cycle means the period beginning immediately after the final adjustment time on a given business day and ending with the final adjustment time on the next business day. (cycle du SACR) Automated Clearing Settlement System or ACSS means the system into which direct clearers, group clearers, clearing agents and the Bank of Canada make entries for the purpose of clearing. (système automatisé de compensation et de règlement ou SACR) business day means any day other than an ACSS holiday specified in the rules. (jour ouvrable) clearing means the reconciliation of payment items that were exchanged and the calculation of the clearing balances. (compensation) clearing agent means the direct clearer or group clearer appointed under subsection 33(1) that, on behalf of an indirect clearer, exchanges payment items and either effects clearing and settlement or makes entries into the ACSS. (agent de compensation) clearing balance means the total of the net amounts owing to or by a member as a result of clearing. (solde de compensation) direct clearer means a member, other than the Bank of Canada, appointed under section 26 that, on its own behalf, exchanges payment items and makes entries into the ACSS. (adhérent) exchange means the delivery and receipt of payment items. (échange) federal credit union has the same meaning as in section 2 of the Bank Act. (coopérative de crédit fédérale) final adjustment time means the time, set out in the rules, prior to which the correction of errors affecting the calculation of the clearing balance of a direct clearer or group clearer for the current ACSS cycle must be made. (heure finale de rajustement) final exchange means the last exchange of payment items at each regional exchange point for the current ACSS cycle. (échange final) Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System Interpretation Sections 1-2 group means a group described in section 28 and includes the group clearer. (groupe) group clearer means a member that, on its own behalf or on behalf of the entities belonging to the group in respect of which it is appointed in accordance with section 28, exchanges payment items and either effects clearing and settlement or makes entries into the ACSS. (adhérent-correspondant de groupe) indirect clearer means a member on behalf of which a clearing agent exchanges payment items and either effects clearing and settlement or makes entries into the ACSS. (sous-adhérent) pledge means a grant to the Bank of Canada of security in collateral to guarantee an advance of funds that the Bank of Canada may make for the purposes described in section 34.2 and includes a grant of security in which the Bank of Canada does not take possession of the collateral. (nantissement) regional exchange point means each location in Canada designated in the rules for the exchange of payment items among direct clearers, group clearers and clearing agents, or between one of them and the Bank of Canada, and includes the National Electronic Settlement Region within the meaning of the rules. (point régional d’échange) settlement means the payment of the clearing balance. (règlement) SOR/2012-161, s. 3; SOR/2015-185, s. 21; SOR/2018-16, s. 1. General Notices 2 (1) Every notice required under this By-law shall be given in accordance with the rules. Waiver of notice (2) Any person entitled to be given notice under this Bylaw may waive the notice. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 1 Payment Items Sections 3-4 PART 1 Payment Items DIVISION 1 Application Application — exchanges 3 (1) This Part applies to the following exchanges: (a) in respect of payment items giving rise to clearing through the ACSS, (i) the exchange among direct clearers, group clearers and clearing agents, or between one of them and the Bank of Canada, and (ii) the exchange between indirect clearers through their respective clearing agent; and (b) in respect of payment items not giving rise to clearing through the ACSS, (i) the exchange between an indirect clearer and its clearing agent, (ii) the exchange between indirect clearers that are represented by the same clearing agent, through that agent, (iii) the exchange between a group clearer and an entity belonging to the group, and (iv) the exchange among the entities belonging to a group, through the group clearer. Application — clearing and settlement (2) This Part also applies to the clearing of payment items that are the object of an exchange referred to in subsection (1) and to the resulting settlement. DIVISION 2 General Obligation — non-member entities 4 Every member that exchanges payment items and either effects clearing and settlement or makes entries into the ACSS on behalf of a local referred to in subparagraph Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 1 Payment Items DIVISION 2 General Sections 4-6 6(1)(a)(ii) shall ensure that the local complies with the by-laws and the rules as if it were a member. SOR/2010-43, s. 55. Means of settlement 5 Settlement is effected by one of the following means, as specified in the rules: (a) [Repealed, SOR/2021-182, s. 54] (a.1) by a payment message as defined in section 1 of the Canadian Payments Association By-law No. 9 — Lynx; (b) on the basis of clearing balances established by the ACSS; or (c) through a clearing agent. SOR/2021-182, s. 54. DIVISION 3 Payment Items Acceptable for Clearing Classes of Payment Items Approved payment items 6 (1) Paper-based payment items and electronic payment items that are specified in the rules and that conform to the following requirements may be exchanged for the purpose of clearing and settlement: (a) they are drawn on (i) a member, or (ii) a local that belongs to a central or a cooperative credit association that is a member; and (iii) [Repealed, SOR/2010-43, s. 56] (b) they (i) are payable on demand, (ii) are identified in accordance with the rules, and (iii) conform to the requirements set out in the rules, including those relating to value and value date. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 1 Payment Items DIVISION 3 Payment Items Acceptable for Clearing Classes of Payment Items Sections 6-14 Payment items specified in the rules (2) Paper-based payment items and electronic payment items that do not conform to the requirements in subsection (1) but are specified in the rules and conform to the requirements set out in the rules may also be exchanged for the purpose of clearing and settlement. SOR/2010-43, s. 56; SOR/2012-161, s. 4. Government Payment Items Government payment items 7 Paper-based payment items and electronic payment items drawn on or by the Receiver General of Canada and payable by the Government of Canada that are specified in the rules may be exchanged for the purpose of clearing and settlement. International Payment Items Classes of international payment items 8 International payment items that are specified in the rules and that fall within a class specified in the rules may be exchanged for the purpose of clearing and settlement. Payment Items in Dispute Prohibition 9 Members shall not exchange, for the purpose of clearing and settlement, payment items in dispute within the meaning of the rules. 10 [Repealed, SOR/2012-161, s. 5] 11 [Repealed, SOR/2012-161, s. 5] 12 [Repealed, SOR/2012-161, s. 5] 13 [Repealed, SOR/2012-161, s. 5] DIVISION 4 Exchange, Clearing and Settlement Exchange irrevocable and irreversible 14 Every exchange of a payment item shall become irrevocable and irreversible at the time specified in the rules or, failing such time, when settlement is effected. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 1 Payment Items DIVISION 4 Exchange, Clearing and Settlement Sections 15-19 Compliance with by-laws and rules 15 Every member shall exchange payment items in accordance with the by-laws and the rules and ensure that its payment items comply with the provisions of the bylaws and the rules. Settlement account — indirect clearers 16 (1) Every indirect clearer shall maintain a settlement account with each of its clearing agents. Loan facilities (2) Every indirect clearer shall establish a loan facility with each of its clearing agents. Settlement account and loan facility (3) An indirect clearer may maintain a settlement account and establish a loan facility with a central that has been designated in accordance with subsection 33(2). SOR/2012-161, s. 6. DIVISION 5 Return of Payment Items Returns in accordance with the rules 17 Despite section 14, payment items, the exchange of which becomes irrevocable and irreversible when settlement is effected, may be returned after settlement in accordance with, and for the reasons set out in, the rules. Acceptance of returned payment items 18 Every member shall accept payment items returned to it in accordance with the rules. PART 2 Automated Clearing Settlement System DIVISION 1 Application Application 19 This Part applies to the exchange of payment items giving rise to clearing through the ACSS, and to the clearing of those payment items and the resulting settlement. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 2 General Sections 20-26 DIVISION 2 General Exclusion of liability 20 Neither the Association nor a director, an officer or an employee is liable for any loss or damage suffered by a member for anything done or omitted to be done, honestly and in good faith, in relation to the ACSS, in the administration or discharge of any powers or duties that under this By-law are intended or authorized to be executed or performed. SOR/2010-43, s. 57. Ownership 21 The Association owns the ACSS. ACSS operated by Association 22 The operation, management and ongoing maintenance of the ACSS form part of the business of the Association. Operation of ACSS 23 Subject to section 46 and except in case of a national failure of the ACSS within the meaning of the rules, the Association shall ensure that the ACSS is operational on all business days. Access to information 24 Access to information relating to clearing and to the operation of the ACSS shall be governed by the rules. DIVISION 3 Participation in the ACSS Participants Participants 25 Only direct clearers, group clearers, clearing agents and the Bank of Canada may make entries into the ACSS. Requirements Direct Clearers Appointment 26 Subject to section 32, the Board may, on completion by a member of the application procedures set out in the rules, appoint the member to act as a direct clearer if the member Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 3 Participation in the ACSS Requirements Sections 26-28 (a) maintains a settlement account with the Bank of Canada; (b) has established a loan facility with the Bank of Canada and has entered into any agreements that may be required by the Bank of Canada governing the settlement of the member’s clearing balance, the administration of the loan facility, the provision by the Bank of Canada of advances for ACSS purposes and the pledging of collateral to secure advances that may be made under the loan facility; and (c) [Repealed, SOR/2020-167, s. 4] (d) meets the technical, financial and other requirements set out in the rules. SOR/2018-16, s. 2; SOR/2020-167, s. 4. Revocation of status 27 (1) The Board may revoke the direct clearer status of a member if that member no longer meets the requirements set out in section 26. Notification of revocation (2) The President shall, as soon as practicable, notify all members of the revocation. SOR/2010-43, s. 58. Groups and Group Clearers Composition of group 28 (1) A group may consist of (a) a central or cooperative credit association that has been appointed to be the group clearer and one or more of the following, including any combination of them: (i) centrals, (ii) cooperative credit associations, (iii) federal credit unions, (iv) locals that belong to the group clearer, or (v) locals that belong to another central or cooperative credit association if that central or cooperative credit association is also a member of the group; or (b) two or more members from one of the following categories that have appointed a member of the category to be the group clearer: (i) authorized foreign banks and banks, excluding federal credit unions, Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 3 Participation in the ACSS Requirements Sections 28-30 (ii) trust companies and loan companies, (iii) securities dealers, or (iv) other members, excluding centrals, cooperative credit associations, federal credit unions, qualified corporations, trustees of qualified trusts and life insurance companies. Central may act for locals (2) For greater certainty, if two or more locals belong to two centrals, one of which belongs to the other central, one of the centrals may appoint the other central to act as group clearer for itself and the locals. SOR/2012-279, s. 2; SOR/2015-185, s. 22. Required approval 29 (1) An appointment referred to in section 28 is subject to the approval of the Board. Criteria for approval (2) The Board may approve the appointment if (a) the appointed member complies with the requirements set out in paragraphs 26(a), (b) and (d); and (b) [Repealed, SOR/2020-167, s. 5] (c) in the case of a group referred to in paragraph 28(1)(b), the appointed member enters into contractual commitments with each of the entities belonging to the group that are necessary to ensure the ability of the member to satisfy its liability as group clearer. SOR/2010-43, s. 59(E); SOR/2020-167, s. 5. Revocation of status 30 (1) The Board may revoke the group clearer status of a member if that member no longer complies with the requirements set out in paragraph 26(a), (b) or (d) or, in the case of a group referred to in paragraph 28(1)(b), the contractual commitments referred to in paragraph 29(2)(c) no longer ensure the ability of the member to satisfy its liability as group clearer. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 3 Participation in the ACSS Requirements Sections 30-34 Notification of revocation (2) The President shall, as soon as practicable, notify all members of the revocation. SOR/2010-43, s. 60; SOR/2012-161, s. 7; SOR/2020-167, s. 6. 31 [Repealed, SOR/2012-161, s. 8] Exception — Direct Clearer and Group Clearer Exception 32 A qualified corporation, on behalf of its money market mutual fund, a trustee of a qualified trust and a life insurance company are not eligible to be a direct clearer or group clearer. Clearing agents appointment 33 (1) The Board may, on completion by a direct clearer or group clearer of the application procedures set out in the rules, appoint it to act as a clearing agent if the direct clearer or group clearer meets the technical, financial and other requirements set out in the rules. Designation of a central (2) A group clearer that has been appointed to act as a clearing agent for an indirect clearer may, in accordance with the rules, designate a central that belongs to the group where the settlement account of that indirect clearer is maintained and the loan facility of that indirect clearer is established. Effect of designation (3) The designation of a central in accordance with subsection (2) by the group clearer appointed to act as a clearing agent does not preclude the group clearer from remaining subject to all obligations applicable to clearing agents set out in this By-law and in the applicable rules. SOR/2012-161, s. 9; SOR/2015-185, s. 23(F). Revocation of status 34 (1) The Board may revoke the clearing agent status of a direct clearer or group clearer that no longer meets the requirements set out in the rules. Automatic revocation (2) If a member’s status as direct clearer or group clearer is revoked, its status as clearing agent is also revoked. Notification of revocation (3) The President shall, as soon as practicable, notify all members of the revocation. SOR/2010-43, s. 61. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 3 Participation in the ACSS Pledging Collateral Sections 34.1-34.2 Pledging Collateral Calculation of necessary collateral 34.1 (1) The Association shall calculate, in accordance with the rules, the required amount of the ACSS collateral pool and the amount of each direct clearer and group clearer’s collateral pool pledge. The Association shall periodically recalculate these amounts, in accordance with the rules. Pledging collateral (2) Each direct clearer and group clearer shall pledge collateral to the Bank of Canada, in an amount determined by the Association in accordance with the rules, within the time and in the manner set out in the rules. If the amount of the collateral pool pledge increases as a result of a recalculation under subsection (1), the direct clearer or group clearer shall pledge the recalculated amount, within the time and in the manner set out in the rules. Valuation by Bank of Canada (3) Any collateral pledged by a direct clearer or group clearer for ACSS purposes is subject to valuation by the Bank of Canada at the time the pledge is made. Insufficient collateral (4) If, on valuation of the collateral by the Bank of Canada, the value assigned by the Bank of Canada to the collateral pledged is less than the amount that is required to be pledged, the direct clearer or group clearer shall pledge additional collateral. Exceeding collateral requirement (5) If the value of the direct clearer or group clearer’s collateral pledge exceeds the amount that is required to be pledged, the direct clearer or group clearer shall, on request for a release made to the Bank of Canada, obtain a release of the excess collateral from the pledge. SOR/2018-16, s. 3. Restricted purpose 34.2 A direct clearer or group clearer shall not use the collateral pledged under subsection 34.1(2) for any purpose other than securing an advance from the Bank of Canada to enable settlement under section 50. SOR/2018-16, s. 3. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 4 Representation Sections 35-37 DIVISION 4 Representation General Representation of indirect clearers 35 An indirect clearer shall designate at least one clearing agent. However, for those payment items specified in the rules, an indirect clearer shall be represented at every regional exchange point by the same clearing agent. Amalgamations 36 (1) If two members amalgamate, for a period of one year following the amalgamation, (a) payment items, including those not giving rise to clearing through the ACSS, drawn on or payable by the member that ceases to exist, may continue to be exchanged; and (b) in the case of an indirect clearer that ceases to exist, it may be represented at a regional exchange point, despite section 35, by more than one clearing agent for the payment items specified in the rules. Extension of period (2) The President may extend the one-year period if it is necessary for the proper conduct of the business of the amalgamating members. SOR/2010-43, s. 62. Prior to Acting — Clearing Agent Notice 37 (1) Subject to section 41, a clearing agent shall give at least 30 days’ notice to the President prior to acting as clearing agent for an indirect clearer. Obligation of President (2) The President shall inform the direct clearers and group clearers of the notice in accordance with the rules. SOR/2010-43, s. 63. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 4 Representation Ceasing to Act — Clearing Agent and Group Clearer Sections 38-39 Ceasing to Act — Clearing Agent and Group Clearer 30 days notice 38 (1) A clearing agent shall give at least 30 days’ notice to an indirect clearer and to the President prior to ceasing to act as clearing agent for the indirect clearer. Obligation of President (2) The President shall inform the direct clearers and group clearers of the notice in accordance with the rules. Exception (3) Despite subsection (1), the clearing agent shall not cease acting for an indirect clearer if another clearing agent is designated to act for the indirect clearer until the other clearing agent has started acting for the indirect clearer. Status revoked (4) Despite subsections (1) and (3), a clearing agent shall cease to act without delay if its status is revoked. SOR/2010-43, s. 64. Exception — ceasing to act immediately 39 (1) Subject to subsection 39.15(3.1) of the Canada Deposit Insurance Corporation Act, a clearing agent may, despite subsections 38(1) and (3), immediately cease to act for an indirect clearer if (a) the clearing agent reasonably believes that the indirect clearer poses a legal, financial or operational risk to the clearing agent; or (b) the indirect clearer has breached a substantial term of an agreement entered into with the clearing agent for the purposes of clearing and settlement. Notification to other clearing agents (2) The clearing agent shall give notice, before the time set out in the rules and at least one hour prior to ceasing to act, to the other clearing agents acting for the indirect clearer. The other clearing agents may unanimously waive the notice or abridge the time for the notice. Notification to indirect clearers and group clearers (3) The clearing agent shall, immediately on ceasing to act, Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 4 Representation Ceasing to Act — Clearing Agent and Group Clearer Sections 39-42 (a) give written notice to the indirect clearer of its decision to immediately cease to act for the indirect clearer; and (b) give notice of its decision to the President, to its other indirect clearers and to the other clearing agents acting for the indirect clearer and, in so far as is practicable, give notice of its decision to the other direct clearers and group clearers. Notice by the President (4) The President shall give notice to every other direct clearer and group clearer of the clearing agent’s decision to immediately cease to act for the indirect clearer. Notice by direct clearers and group clearers (5) Every other direct clearer or group clearer shall immediately notify every indirect clearer for which it acts as clearing agent or every entity belonging to the group for which it acts as group clearer, as the case may be, of that decision. SOR/2010-43, s. 65; SOR/2015-185, s. 24; SOR/2020-167, s. 7. Obligation to accept payment items 40 A clearing agent that ceases to act for an indirect clearer shall accept payment items, including those not giving rise to clearing through the ACSS, that are drawn on or payable by the indirect clearer and either effect clearing and settlement or make entries into the ACSS until the final exchange on the business day on which the clearing agent ceases to act. Designation of new clearing agent 41 (1) An indirect clearer may, immediately on receiving the notice referred to in subsection 38(1) or 39(3), designate a new clearing agent from among the direct clearers and group clearers appointed by the Board to act as clearing agent. When designation takes effect (2) The designation takes effect at the time agreed on by the indirect clearer and the new clearing agent. Duty to cooperate 42 The former and the new clearing agent shall cooperate to ensure an orderly change in representation. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 4 Representation Change to Composition of Group Sections 43-43.1 Change to Composition of Group Notice 43 A group clearer shall, at least 30 days prior to its effective date, give notice to the President of its decision to cease acting as a group clearer for an entity belonging to the group or of the withdrawal of an entity from the group for which it acts as a group clearer. SOR/2010-43, s. 66. Exception — immediately ceasing to act 43.1 (1) Despite section 43, a group clearer may immediately cease to act for an entity belonging to the group if (a) the group clearer reasonably believes that the entity poses a legal, financial or operational risk to the group clearer; or (b) the entity has breached a substantial term of an agreement entered into with the group clearer for the purposes of clearing and settlement. Notice (2) The group clearer shall, immediately on ceasing to act, (a) give written notice to the entity of its decision to immediately cease to act for that entity; (b) give notice of its decision to the President; (c) give notice of its decision to the other entities belonging to the group for which it is a group clearer or to every indirect clearer for which it acts as clearing agent, as the case may be; and (d) in so far as is practicable, to give notice of its decision to the direct clearers and other group clearers. Notice by the President (3) The President shall give notice to the direct clearers and other group clearers of the group clearer’s decision to immediately cease to act for the entity. Notice by direct clearers and group clearers (4) The direct clearers and other group clearers shall immediately notify every indirect clearer for which they act Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 4 Representation Change to Composition of Group Sections 43.1-46 as a clearing agent or every entity belonging to the group for which they act as a group clearer of that decision. SOR/2012-161, s. 10; SOR/2015-185, s. 25. Obligation to accept payment items 44 The group clearer shall accept payment items, including those not giving rise to clearing through the ACSS, drawn on or payable by an entity for which it is ceasing to act or an entity that withdraws from the group for which it acts as group clearer and either effect clearing and settlement or make entries into the ACSS until the final exchange on the business day on which the group clearer ceases to act or on which the entity withdraws. DIVISION 5 Exchange, Clearing and Settlement Exchange Reception of payment items 45 (1) A direct clearer, group clearer and clearing agent shall receive payment items at every regional exchange point. Use of representative (2) A direct clearer, group clearer, clearing agent or the Bank of Canada may exchange payment items through a direct clearer or group clearer, acting on its behalf. Responsibility (3) The direct clearer, group clearer or clearing agent or the Bank of Canada shall remain responsible to ensure that the payment items are exchanged in accordance with the by-laws and the rules. Suspension of exchanges 46 (1) If it becomes impractical to exchange any class of payment items at a particular regional exchange point on a given day, the President may, after consulting the direct clearers, group clearers and the Bank of Canada, suspend the exchange of the class of payment items or of all payment items for the regional exchange point for the current ACSS cycle. Measures (2) Immediately on suspension, the President shall, after consulting the direct clearers, group clearers and the Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 5 Exchange, Clearing and Settlement Exchange Sections 46-50 Bank of Canada, take any measures that are necessary in the circumstances. Notification of measures taken (3) The President shall notify the direct clearers, group clearers and the Bank of Canada of the measures taken. SOR/2010-43, s. 67. Clearing Entries 47 (1) Direct clearers, group clearers, clearing agents and the Bank of Canada shall make entries into the ACSS, in accordance with the rules, for the purpose of clearing. Manual clearing (2) In case of a national failure of the ACSS within the meaning of the rules, direct clearers, group clearers, clearing agents and the Bank of Canada shall effect manual clearing in accordance with the rules. Establishment of clearing balances 48 The Association shall ensure that clearing is effected by the ACSS and clearing balances are made available to the Bank of Canada. Errors in clearing balances 49 Direct clearers, group clearers and the Bank of Canada shall correct errors in their clearing balances prior to the final adjustment time and in accordance with the rules. Settlement Settlement 50 (1) Subject to subsection (2), once the clearing balances have been established by the ACSS and corrected, if necessary, the Bank of Canada shall effect settlement by making the appropriate debit or credit entry into each direct clearer’s or group clearer’s settlement account. Default (2) In the case of a default by a direct clearer or group clearer under paragraph 53(1)(a), the Bank of Canada shall only effect settlement once the contributions by the other direct clearers, group clearers or the Bank of Canada have been made under subsection 57(2) or 57.01(2). SOR/2018-16, s. 4. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 5 Exchange, Clearing and Settlement Settlement Sections 51-57 Notification of settlement 51 The Bank of Canada shall notify a direct clearer or group clearer on settlement. Settlement is final 52 Settlement at the Bank of Canada is final and shall not be reversed under any circumstances. DIVISION 6 Default Default of Direct Clearer or Group Clearer Default of direct clearer or group clearer 53 (1) A direct clearer or group clearer is in default for the purposes of this By-law if (a) its settlement account at the Bank of Canada has a shortfall that would preclude settlement and it does not obtain an advance from the Bank of Canada sufficient for that settlement; or (b) it is not able to meet its collateral pool pledge requirement as established by section 34.1. Notice (2) The Bank of Canada shall immediately notify the President of a default and, in the case of a default under paragraph (1)(a), of the amount of the shortfall. The President shall then notify all other direct clearers and group clearers of the default. SOR/2010-43, s. 68; SOR/2018-16, s. 5. 54 [Repealed, SOR/2012-161, s. 11] 55 [Repealed, SOR/2012-161, s. 11] 56 [Repealed, SOR/2012-161, s. 11] Allocation of shortfall 57 (1) Subject to subsection (3), upon receiving notice from the Bank of Canada of a default by a direct clearer or group clearer under paragraph 53(1)(a) and of the amount of the shortfall, the Association shall allocate the shortfall between the direct clearers and group clearers that are not in default by calculating, in accordance with the rules, the default contribution to be made by each of them. Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 6 Default Default of Direct Clearer or Group Clearer Sections 57-57.1 Default contribution (2) The direct clearers and group clearers that are not in default shall make a default contribution to the settlement account of the direct clearer or group clearer in default in the amount determined under subsection (1) within the time and in the manner specified by the rules. Limit of contribution (3) The total amount of default contributions under subsection (2) from the direct clearers and group clearers that are not in default shall not exceed the amount of the ACSS collateral pool calculated in subsection 34.1(1), less the amount pledged as collateral by the defaulting direct clearer or group clearer. SOR/2010-43, s. 69(F); SOR/2012-161, s. 12; SOR/2018-16, s. 6. Calculation of additional contribution 57.01 (1) In the event that the default contributions made under section 57 are not sufficient to enable the Bank of Canada to effect settlement, the Association shall calculate, in accordance with the rules, an additional contribution to be made by direct clearers and group clearers that are not in default and by the Bank of Canada to effect settlement. Additional contribution (2) The direct clearers and group clearers that are not in default and the Bank of Canada shall make the additional contribution, in the amount determined under subsection (1), to the account of the direct clearer or group clearer in default within the time and in the manner specified in the rules. SOR/2018-16, s. 6. Reimbursement with interest 57.02 A direct clearer or group clearer shall reimburse each direct clearer, group clearer, or the Bank of Canada for any amount received as a contribution under subsection 57(2) or 57.01(2), plus interest at the rate specified in the rules, and those amounts constitute a debt that survives irrespective of the status of the defaulting direct clearer or group clearer. SOR/2018-16, s. 6. Prohibition — entries into ACSS 57.1 A direct clearer or group clearer that is in default shall not make entries into the ACSS unless the direct Current to June 20, 2022 Last amended on June 20, 2022 Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System PART 2 Automated Clearing Settlement System DIVISION 6 Default Default of Direct Clearer or Group Clearer Sections 57.1-64 clearer or group clearer or its assets are under the control or ownership of a federal or provincial regulator or supervisory body or any agent of Her Majesty in right of Canada or agent or mandatary of Her Majesty in right of a province. SOR/2016-284, s. 1. Default of Indirect Clearer Default of indirect clearer 58 An indirect clearer is in default in respect of its clearing agent for the purposes of this By-law if (a) the settlement account of the indirect clearer with its clearing agent has a shortfall that would preclude settlement; and (b) the indirect clearer does not obtain an advance sufficient for settlement. 59 [Repealed, SOR/2016-284, s. 2] 60 [Repealed, SOR/2012-161, s. 13] 61 [Repealed, SOR/2012-161, s. 13] 62 [Repealed, SOR/2012-161, s. 13] Repeal Repeal 63 [Repeal] Coming into Force Coming into force 64 This By-law comes into force on the day on which it is registered. Current to June 20, 2022 Last amended on June 20, 2022
CONSOLIDATION Critical Habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) Order SOR/2018-268 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) Order Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-268 December 5, 2018 SPECIES AT RISK ACT Critical Habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) Order Whereas the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, has consulted the wildlife management board in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) Order. Ottawa, December 3, 2018 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) Order Le ministre des Pêc Jonathan Minister of Fishe Current to June 20, 2022 Critical Habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Harbour Seal Lacs des Loups Marins subspecies (Phoca vitulina mellonae), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Calculation of Interest Regulations SOR/87-631 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Prescribing the Manner of Determining Interest for the Purpose of Subsections 64.1(1) and (2) of the Indian Act 1 Short Title Interpretation Application Calculation of Interest Accrual of Interest Method of Applying Moneys Withheld or Repaid Current to June 20, 2022 ii Registration SOR/87-631 October 29, 1987 INDIAN ACT Calculation of Interest Regulations P.C. 1987-2235 October 29, 1987 Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 64.1(3)* of the Indian Act, is pleased hereby to make the annexed Regulations prescribing the manner of determining interest for the purpose of subsections 64.1(1) and (2) of the Indian Act, effective November 1, 1987. * S.C. 1985, c. 27, s. 11 Current to June 20, 2022 Regulations Prescribing the Manner of Determining Interest for the Purpose of Subsections 64.1(1) and (2) of the Indian Act Short Title 1 These Regulations may be cited as the Calculation of Interest Regulations. Interpretation 2 In these Regulations, Act means the Indian Act; (Loi) principal amount outstanding means the amount received by a person under paragraph 15(1)(a) of the Act, as it read immediately prior to April 17, 1985, or under any former provision of the Act relating to the same subject-matter as that paragraph, less the sum of one thousand dollars and less the amounts withheld under subsection 64.1(1) of the Act and the amounts repaid under subsection 64.1(2) of the Act in respect of that person; (capital à rembourser) reinstatement means the entering of the name of a person referred to in subsection 64.1(1) or (2) of the Act in a Band List. (réintégration) Application 3 These Regulations apply to persons referred to in subsections 64.1(1) and (2) of the Act who make an application for reinstatement. Calculation of Interest 4 For the purpose of subsections 64.1(1) and (2) of the Act, interest shall be calculated (a) on the principal amount outstanding only; (b) quarterly on the average month-end balance of the principal amount outstanding; (c) at a rate equal to the quarterly average of the interest rates applied by the Bank of Canada to Current to June 20, 2022 Calculation of Interest Regulations Calculation of Interest Sections 4-7 Government of Canada Treasury bills of terms of six months; and (d) from the date referred to in section 5. Accrual of Interest 5 (1) Where reinstatement of a person referred to in paragraph 11(1)(c) or 11(2)(a) of the Act is made, interest accrues from the later of (a) November 1, 1987; and (b) subject to subsection (2), the date of signature on the application for reinstatement. (2) Where there is a difference of more than 30 days between the date of signature on an application for reinstatement and the date on which the application is received by the Registrar, interest shall accrue from the date on which the application is received by the Registrar. (3) Where reinstatement of a person is made pursuant to membership rules made pursuant to section 10 of the Act, interest accrues from the later of (a) November 1, 1987; and (b) the date of reinstatement of the person. Method of Applying Moneys Withheld or Repaid 6 Where an amount is withheld under subsection 64.1(1) of the Act or is repaid under subsection 64.1(2) of the Act, the amount shall be applied first against the principal amount outstanding, and second against accrued interest. 7 For the purposes of section 6, the effective date on which an amount is applied shall be (a) where the amount is withheld pursuant to subsection 64.1(1) of the Act, the date that the person would have been entitled to receive the amount but for that subsection; and (b) where the amount is repaid pursuant to subsection 64.1(2) of the Act, the date that the amount is received by the band. Current to June 20, 2022
CONSOLIDATION Canada Production Insurance Regulations SOR/2005-62 Current to June 20, 2022 Last amended on June 12, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 12, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 12, 2018 TABLE OF PROVISIONS Canada Production Insurance Regulations Interpretation 1 Definitions General Provisions for Programs and Plans Based or Not Based on Yield New Agricultural Products and Changes to Insurance Plans 2 Eligible agricultural products Coverage Levels 3 Maximum coverage levels Determination of Losses 4 Insured perils Risk-splitting benefit Manner of Determining Premium Rates 6 Premium rate methodologies Actuary’s opinions Coverage Based on Yields Probable Yields 8 Probable yield methodologies Actuary’s opinion Definitions Time for compliance Unit Value of an Agricultural Product 12 Unit value methodologies Maximum unit value Time for compliance Coverage Not Based on Yield 15 Insurable losses Value of production methodologies Current to June 20, 2022 Last amended on June 12, 2018 ii Canada Production Insurance Regulations TABLE OF PROVISIONS Tests for value of production Deadlines for compliance Wildlife Compensation 19 Federal contribution Value of damage or injury Limit on payments No double compensation Payments by Canada 23 Negligence in program administration Breach of agreement Cumulative limitation of payments Records and Information 26 Documentation Insurance plan records Wildlife compensation records Reports and information Repeal 30 Regulations repealed Application and Coming into Force 31 Application Current to June 20, 2022 Last amended on June 12, 2018 iv Registration SOR/2005-62 March 22, 2005 FARM INCOME PROTECTION ACT Canada Production Insurance Regulations P.C. 2005-382 March 22, 2005 Whereas, pursuant to subsection 18(2) of the Farm Income Protection Acta, the Minister of Agriculture and Agri-Food has consulted with the provinces that are parties to the agreements entered into pursuant to subsections 4(1) and 12(5) of that Act concerning the annexed Canada Production Insurance Regulations; Whereas the Minister of Agriculture and Agri-Food has been of the opinion that exceptional circumstances exist that require that action be taken outside the scope of the crop insurance programs established under the agreements entered into under subsection 4(1) of that Act, in order to compensate pro‐ ducers for damage to agricultural products that is caused by wildlife, and the Minister has consulted with those provinces under subsection 12(1) of that Act to determine the appropriate action to be taken to remedy those circumstances; And whereas the Governor in Council, following those consultations, has authorized the Minister of Agriculture and Agri-Food under subsection 12(5) of that Act to enter into agreements with one or more of those provinces for the purpose of assisting producers of agricultural products with respect to damage to agricultural products that is caused by wildlife; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 18(1) of the Farm Income Protection Acta, hereby makes the annexed Canada Production Insurance Regulations. a S.C. 1991, c. 22 Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. Act means the Farm Income Protection Act. (Loi) actuarially sound manner, in respect of premium rates under an insurance plan, means that the premium rates provide for all costs associated with the transfer of risk and are an estimate of the expected value of future losses under the insurance plan. (saines pratiques d’actuariat) actuary means a Fellow of the Canadian Institute of Actuaries. (actuaire) coverage level means the percentage of the value of production of an agricultural product that is insured under an insurance plan. (niveau de protection) exposure unit means a unit of measurement of an agricultural product that is used to determine the amount of insurance coverage and related premiums under an insurance contract. (unité d’exposition) farm enterprise means all exposure units of agricultural products that are produced by a producer or by two or more producers who have a common interest in the agricultural products. (exploitation agricole) insurance plan means a set of insurance features under an insurance program for an agricultural product. (régime d’assurance) insurance program means a crop insurance program that provides insurance coverage that is based or not based on yield and that may provide for wildlife compensation. (programme d’assurance production) insured producer means a holder of a contract of insurance who has an insurable interest in one or more agricultural products covered by the contract. (producteur assuré) national certification guidelines means guidelines, developed by Canada in consultation with the provinces, as amended from time to time, that describe the work and documentation needed in preparing the certifications Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Interpretation Section 1 required by these Regulations and that are available on request from the Minister. (lignes directrices nationales sur les certifications) new agricultural product means an agricultural product for which protection is offered under an insurance plan at a coverage level that does not exceed 70% of the value of production of the agricultural product and for which insufficient data exists to meet the national certification guidelines. (nouveau produit agricole) production guarantee means the amount of insurance protection provided under an insurance contract for an agricultural product, based on the probable yield of the agricultural product, the exposure units insured and the coverage level established under the contract. (garantie de production) production insurance agreement means an agreement entered into by Canada and a province to allow contributions to be made by the parties to an insurance program. (accord sur l’assurance production) responsible officer means, in respect of any province, the person or persons designated by the province to be responsible for the administration of the province’s insurance program. (agent compétent) risk area [Repealed, SOR/2018-118, s. 1] risk-splitting benefit means insurance coverage benefits that are deemed to be risk-splitting benefits in accordance with subsection 4(4). (garantie de fractionnement du risque) wildlife compensation means an amount that is paid to producers to compensate them for damage that is specified in a production insurance agreement and that (a) is caused by wildlife specified in the agreement; and (b) is not included as part of an insurance plan. (indemnités pour les dommages causés par la faune) SOR/2018-118, s. 1. Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations General Provisions for Programs and Plans Based or Not Based on Yield Sections 2-3 General Provisions for Programs and Plans Based or Not Based on Yield New Agricultural Products and Changes to Insurance Plans Eligible agricultural products 2 (1) A production insurance agreement shall provide for the agricultural products eligible for coverage under the insurance plan. Provincial submission (2) The agreement shall provide that any proposal by the province, that is intended to take effect in the following year, for the introduction of an insurance plan for a new agricultural product, or for a change to an insurance program or insurance plan, that has a financial impact shall be submitted by the responsible officer of the province to the Minister, in writing, with complete operational details and an estimate of the financial impact at least 60 days before the proposed date of implementation, unless otherwise agreed to by Canada and the province. Eligibility of provincial proposal (3) The agreement shall provide that Canada shall (a) inform the responsible officer of the province in writing, as soon as possible, whether the proposal is eligible for contributions; and (b) outline any elements of the proposal that are not in compliance with the Act or these Regulations. SOR/2018-118, s. 20(E). Coverage Levels Maximum coverage levels 3 A production insurance agreement shall provide that the manner of determining the percentage of the value of production of an agricultural product that may be insured, as set out in the agreement, shall be subject to the following maximum level: Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations General Provisions for Programs and Plans Based or Not Based on Yield Coverage Levels Sections 3-4 (a) 90% of the probable yield for insurance plans based on yield; (b) 90% of the value of production for insurance plans not based on yield if production of the agricultural product is reduced by weather or other agricultural perils; and (c) for all other insurance plans not based on yield, as covered under section 15, 100% of the value of production minus the long-term average loss percentage for the agricultural product or 90% of the value of production if the long-term average loss percentage cannot be determined. Determination of Losses Insured perils 4 (1) A production insurance agreement shall provide that all insurance contracts to which the agreement applies, except those covering losses specified in paragraph 15(c), shall provide insurance against more than one of the perils specified in the agreement. Determination of losses (2) The agreement shall provide that losses of a farm enterprise, with the exception of the losses referred to in section 15, shall be determined by subtracting the total production of an agricultural product, adjusted for any quality losses, from the total production guarantee for the agricultural product on all exposure units of the farm enterprise. Agricultural products to be distinguishable (3) The agreement shall provide that, for the losses in respect of an agricultural product to be determined separately under an insurance plan, the agricultural product shall meet the following criteria: (a) the agricultural product can be distinguished from other like agricultural products; (b) the agricultural product has a separate market price from other like agricultural products; (c) the agricultural product has different productive capabilities or production risks from other like agricultural products; and (d) there is sufficient volume of production and availability of data to ensure the financial viability of an insurance plan related to the agricultural product. Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations General Provisions for Programs and Plans Based or Not Based on Yield Determination of Losses Sections 4-5 Exception (4) The agreement shall provide that any insurance coverage benefit under an insurance contract that is an exception to subsections (1) to (3) is deemed to be a risksplitting benefit. Level of premium support (5) The agreement shall provide that the risk-splitting benefit shall be subject to the level of premium support from Canada that is associated with high-cost production coverage, as set out in the agreement, and shall be supported as being feasible by documentation that demonstrates that the following conditions are met: (a) standards and procedures for adjusting losses are in place; (b) administrative resources agreed to as adequate by the parties to the agreement are available; (c) administrative costs associated with the risk-splitting benefit are reported separately from the other administrative costs associated with insurance plans; and (d) there is sufficient volume of production and availability of data to ensure the financial viability of the risk-splitting benefits. No double indemnity (6) The agreement shall provide that if there is a risksplitting benefit under an insurance contract, there shall be loss adjustment and payment processes to ensure that damage is paid for only once or that any indemnity payable under a risk-splitting benefit is deducted from any other indemnities payable under an insurance contract. SOR/2018-118, s. 2. Risk-splitting benefit 5 A production insurance agreement shall provide that a risk-splitting benefit may be subject to the level of premium support from Canada that is associated with comprehensive production coverage, as set out in the agreement, if one of the following conditions is met: (a) the province can prove that the risk-splitting benefits arise from third-party intervention; (b) the province demonstrates, by a statistical analysis, that operating a risk-splitting benefit results in indemnity payments that are less than would otherwise be paid under the insurance plan; or Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations General Provisions for Programs and Plans Based or Not Based on Yield Determination of Losses Sections 5-7 (c) the total costs of the risk-splitting benefit are less than the total costs for the same perils and coverage level under an insurance plan that does not provide risk-splitting benefits. SOR/2018-118, s. 20(E). Manner of Determining Premium Rates Premium rate methodologies 6 (1) A production insurance agreement shall provide for premium rate methodologies and shall provide that (a) premium rates shall be determined in accordance with those methodologies; and (b) those methodologies shall be subject to the national certification guidelines. Additional requirements (2) Those premium rate methodologies shall reflect the following requirements: (a) premium rates shall be established in an actuarially sound manner; (b) premium rates shall provide for an amount to be applied to the repayment of a deficit under the insurance program; (c) premium rates for risk-splitting benefits shall be determined separately from the premium rates for other benefits in the insurance plan; (d) all elements of an insurance plan or program that have cost implications shall be included in the determination of premiums; and (e) premium rates shall include a margin for building reserves. Actuary’s opinions 7 (1) A production insurance agreement shall (a) require the submission of (i) an opinion, signed by an actuary, certifying that premium rate methodologies have been established in an actuarially sound manner, and Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations General Provisions for Programs and Plans Based or Not Based on Yield Manner of Determining Premium Rates Sections 7-8 (ii) an opinion, signed by an actuary, certifying that the insurance program is self-sustaining; and (b) provide for the date for meeting the requirements of paragraph (a). Failure to submit opinions (2) Until the opinions required by paragraph (1)(a) are submitted, Canada shall limit its payments toward premium and reinsurance payments under the agreement in respect of the relevant fiscal year and subsequent fiscal years to the following amounts: (a) 90% of the amount otherwise payable under the agreement if one of the requirements of paragraph (1)(a) is met; or (b) 80% of the amount otherwise payable under the agreement if neither of the requirements of paragraph (1)(a) is met. Qualified opinions (3) If the requirements of paragraph 1(a) have not been met, premium receipts used for calculating a payment from the Crop Reinsurance Fund shall be determined by the Minister using the estimated premium receipts that would have been collected if the opinions had indicated that the requirements of that paragraph had been met. New agricultural products (4) The opinion referred to in subparagraph (1)(a)(i) is not required with respect to the manner of establishing premium rates for new agricultural products. SOR/2018-118, ss. 3, 20(E). Coverage Based on Yields Probable Yields Probable yield methodologies 8 (1) A production insurance agreement shall provide for probable yield methodologies and shall provide that (a) probable yields shall be determined in accordance with those methodologies; and Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Based on Yields Probable Yields Sections 8-9 (b) those methodologies shall be subject to the national certification guidelines. Statistical measure of yield (2) In establishing those methodologies, a statistical measure of yield that is based on actual yields per seeded area shall be used. That measure may be adjusted to reflect the demonstrated productive capability of producers and may take into account the average level of quality produced related to the levels of quality of the agricultural product provided for in an insurance plan. Data sources (3) If insurance data is unavailable or unrepresentative as a data source for determining the probable yield of an agricultural product, other data sources may be used, as agreed to by the parties to the agreement. SOR/2018-118, s. 4(F). Actuary’s opinion 9 (1) A production insurance agreement shall (a) require the submission of an opinion, signed by an actuary, certifying that the probable yield methodologies result in probable yields that accurately reflect the producers’ production capability for the agricultural product; (b) if that opinion is qualified, require the disclosure by the actuary of the extent and sources of any bias in the methodology; and (c) provide for the date for meeting the requirements of paragraph (a). Failure to submit opinion (2) Until the opinion required by paragraph (1)(a) is submitted, Canada shall limit its payments toward premium and reinsurance payments under the agreement in respect of the relevant fiscal year and subsequent fiscal years to 75% of the amount otherwise payable under the agreement. Qualified opinion (3) If the opinion of the actuary indicates that there is a bias in the probable yield methodology, payments by Canada shall be limited to the amount that would otherwise be provided for under the agreement. SOR/2018-118, ss. 5, 20(E). Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Based on Yields Probable Yields Sections 10-11 Definitions 10 (1) The following definitions apply in this section. provincial actual yield to provincial probable yield ratio means the weighted average of all actual or reported yields for a year, adjusted to reflect the level of quality that is provided for in an insurance plan, divided by the provincial probable yield for that year. (rapport entre le rendement réel provincial et le rendement probable provincial) provincial moving average yield means the mean of the annual weighted averages of actual or reported yields, adjusted to reflect the level of quality that is provided for in an insurance plan. (moyenne mobile du rendement provincial) provincial probable yield means the weighted average of probable yields, determined in accordance with section 8, of all producers insured under an insurance plan for a year. (rendement probable provincial) provincial probable yield to provincial moving average yield ratio means the provincial probable yield for a year, divided by the provincial moving average yield for that year. (rapport entre le rendement probable provincial et la moyenne mobile du rendement provincial) Tests for probable yield (2) A production insurance agreement shall require the province to submit documents to the Minister to demonstrate, using insurance data of previous years, that the provincial probable yield of an agricultural product in a year meets either of the following tests, which shall be subject to the national certification guidelines: (a) the provincial probable yield to provincial moving average yield ratio for the year does not exceed a value of 1.015; or (b) the mean of the provincial actual yield to provincial probable yield ratio, based on ten years or more, is a value not less than 0.985. SOR/2018-118, s. 6. Time for compliance 11 (1) A production insurance agreement shall include a schedule, in accordance with the national certification guidelines, that sets out the deadline for the province to submit the documents referred to in subsection 10(2) for each insurance plan that is based on yield. Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Based on Yields Probable Yields Sections 11-13 Failure to submit documents (2) Until the province submits the documents required by subsection 10(2), Canada shall limit its payments toward premium and reinsurance payments under the agreement in respect of the relevant fiscal year and subsequent fiscal years to 75% of the amount otherwise payable under the agreement. Documents not demonstrating compliance (3) If the documents submitted by the province do not demonstrate, using insurance data of previous years, that the provincial probable yield for an agricultural product in a given year meets the test set out in either paragraph 10(2)(a) or (b), payments by Canada shall be limited to the amount that would otherwise have been payable under the agreement. SOR/2018-118, s. 7. Unit Value of an Agricultural Product Unit value methodologies 12 (1) A production insurance agreement shall provide for methodologies for use in determining the value of eligible agricultural products and shall provide that (a) the unit values shall be determined in accordance with those methodologies; and (b) those methodologies shall be subject to the national certification guidelines. Additional requirement (2) Those unit value methodologies shall be based on one of the following: (a) a market price method that reflects estimated or actual farmgate or replacement values of the production; (b) a cost of production method using standard accounting procedures and recommended provincial agronomic practices; or (c) an alternative method provided for in the agreement. SOR/2018-118, s. 8(F). Maximum unit value 13 A production insurance agreement shall provide that the province shall submit documents to the Minister to Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Based on Yields Unit Value of an Agricultural Product Sections 13-14 demonstrate, using historical market prices or replacement values, that the maximum unit value of an agricultural product meets either of the following tests, which shall be subject to the national certification guidelines: (a) the ratio of the average of the maximum unit values to the moving average of the farmgate or replacement values, based on three or more years, does not exceed a value of 1.0; or (b) the average of the ratios of the maximum unit value to the actual farmgate or replacement value, based on three or more years, does not exceed a value of 1.0. SOR/2018-118, s. 9. Time for compliance 14 (1) A production insurance agreement shall provide for the establishment of a schedule, in accordance with the national certification guidelines, that sets out the deadline for the province to submit the documents referred to in section 13 for each insurance plan that is based on yield. Failure to submit documents (2) Until the province submits the documents required by section 13, Canada shall limit its payments toward premium and reinsurance payments under the agreement in respect of the relevant fiscal year and subsequent fiscal years to 90% of the amount otherwise payable under the agreement. Limited payments (3) If the province submits the documents required by section 13 but the values determined under paragraphs 13(a) and (b) exceed 1.0, payments by Canada shall be limited to the level of federal premium support provided for high-cost production coverage as set out in the agreement. No administrative procedures to prevent moral hazard (4) If the values determined under paragraphs 13(a) and (b) exceed 1.0 and the province cannot demonstrate that adequate administrative procedures are in place to prevent moral hazard, payments by Canada shall be based on the lower of the values determined under those paragraphs, which is deemed to be 1.0. Administrative procedures to prevent moral hazard (5) Subject to subsections (3) and (6), if the values determined under paragraphs 13(a) and (b) exceed 1.0 and the province can demonstrate that adequate administrative Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Based on Yields Unit Value of an Agricultural Product Sections 14-16 procedures are in place to prevent moral hazard, payments by Canada shall be based on the lower of the values determined under those paragraphs, which is deemed to be 1.2 if it exceeds 1.2. Methodology without bias (6) Despite subsection (3), if the province can demonstrate that the methodology used to determine the unit value contains no bias, only payments by Canada related to the extent that the lower of the values determined under paragraphs 13(a) and (b) exceeds 1.0 shall be limited to the level of federal premium support provided for high-cost production coverage as set out in the agreement. SOR/2018-118, s. 10. Coverage Not Based on Yield Insurable losses 15 If a probable yield is not used as the basis of determining coverage under an insurance plan, the following losses, in whole or in part, may be covered in an insurance plan: (a) losses in respect of stands of fruit trees or other perennial plants; (b) losses in respect of livestock; and (c) losses in respect of agricultural products caused by production being prevented or reduced by weather or another agricultural peril. Value of production methodologies 16 (1) A production insurance agreement shall provide for methodologies for determining the value of production and shall provide that (a) values of production shall be determined in accordance with those methodologies; and (b) those methodologies shall be subject to the national certification guidelines. Additional requirement (2) Those methodologies are also subject to the following maximum limits: (a) for losses referred to in paragraphs 15(a) and (b), Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Not Based on Yield Sections 16-17 (i) the average cost to re-establish the interrupted production resulting from the loss of the fruit trees, perennial plants or livestock, (ii) 80% of the present value of the expected net income for the period required to re-establish production, where net income is the difference between the value of production of an agricultural product and the average costs of production, (iii) the average costs of production incurred with an insured agricultural product, or (iv) the expected or actual value of an insured agricultural product; and (b) for losses referred to in paragraph 15(c), (i) the average costs of operations in preparation for seeding and planting, namely, summer-fallowing, cultivating, fertilizing the land, purchasing plants for transplanting and other related activities, and the costs incurred with respect to land rental, (ii) 80% of the expected net income for an agricultural product, where net income is the value of production of the agricultural product minus the average costs of production incurred for the agricultural product, (iii) the average costs of production incurred with an insured agricultural product, or (iv) the expected or actual value of an insured agricultural product. Tests for value of production 17 A production insurance agreement shall provide that the province shall submit documents to the Minister to demonstrate that the value of production of an agricultural product in the province meets either of the following tests, which shall be subject to the national certification guidelines: (a) the ratio of the average of the maximum values of production to the moving average of the farmgate or replacement values, based on five or more years of historical data, does not exceed a value of 1.0; or Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Not Based on Yield Sections 17-18 (b) the average of the ratios of the maximum value of production to the actual farmgate or replacement value, based on five or more years of historical data, does not exceed a value of 1.0. SOR/2018-118, s. 11. Deadlines for compliance 18 (1) A production insurance agreement shall provide for the establishment of a schedule, in accordance with the national certification guidelines, that sets out the deadline for the province to submit the documents referred to in section 17 for each insurance plan that is not based on yield. Failure to submit documents (2) Until the province submits the documents required by section 17, Canada shall limit its payments toward premium and reinsurance payments under the agreement in respect of the relevant fiscal year and subsequent fiscal years to 90% of the amount otherwise payable under the agreement. Reduced payments if tests not met (3) If the province submits the documents required by section 17 and the values determined under subparagraphs 17(a) and (b) exceed a value of 1.0, payments by Canada shall be limited to the level of federal premium support provided for high-cost production coverage as set out in the agreement. No administrative procedures to prevent moral hazard (4) If the values determined under paragraphs 17(a) and (b) exceed 1.0 and the province cannot demonstrate that adequate administrative procedures are in place to prevent moral hazard, payments by Canada under the agreement shall be based on the lower of the values determined under those paragraphs, which is deemed to be 1.0. Administrative procedures to prevent moral hazard (5) Subject to subsections (3) and (6), if the values determined under paragraphs 17(a) and (b) exceed 1.0 and the province can demonstrate that adequate administrative procedures are in place to prevent moral hazard, payments by Canada under the agreement shall be based on the lower of the values determined under those paragraphs, which is deemed to be 1.2 if it exceeds 1.2. Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Coverage Not Based on Yield Sections 18-20 Methodology without bias (6) Despite subsection (3), if the province can demonstrate that the methodology used to determine the value of production contains no bias, only payments by Canada related to the extent that the lower of the values determined under paragraphs 17(a) and (b) exceeds 1.0 shall be limited to the level of federal premium support provided for high-cost production coverage as set out in the agreement. SOR/2018-118, s. 12. Wildlife Compensation [SOR/2018-118, s. 13(F)] Federal contribution 19 (1) A production insurance agreement shall provide that Canada may contribute to wildlife compensation for (a) damage or injury to an eligible agricultural product caused by wildlife, which may include eligible costs related to repair, replacement or medical treatment of the agricultural product; and (b) the repair or replacement of eligible structures that are vital to the production of the agricultural product that have been damaged by wildlife. Details to be in the agreement (2) For the purpose of subsection (1), all eligible agricultural products, structures that are vital to the production of the agricultural products, costs and other conditions for payment shall be provided for in the agreement. SOR/2018-118, s. 13(F). Value of damage or injury 20 (1) For the purpose of paragraph 19(1)(a), a production insurance agreement shall provide that the value of damage or injury to an eligible agricultural product caused by wildlife shall be determined by subtracting the value of the agricultural product that is produced after the damage or injury occurred from the value of the agricultural product that, based on an inspection of the damage or injury, it is estimated would have been produced before the occurrence of the damage or injury. Damage to structure (2) For the purpose of paragraph 19(1)(b), a production insurance agreement shall provide that the value of the damage to an eligible structure caused by wildlife shall be Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Wildlife Compensation Sections 20-24 determined as being the cost to have the structure repaired or replaced. Limit on payments 21 (1) A production insurance agreement shall provide that the amount of wildlife compensation paid to a producer for damage or injury to an eligible agricultural product or structure may not exceed 80% of the value of the damage or injury. Determination of value (2) For the purpose of subsection (1), the agreement shall provide for the manner of determining the value of the eligible agricultural product. SOR/2018-118, s. 14(F). No double compensation 22 A production insurance agreement shall provide loss adjustment and payment processes to ensure that damage or injury is paid for only once if damage or injury to an agricultural product caused by wildlife is eligible for payments both under an insurance plan and as wildlife compensation. SOR/2018-118, s. 15(F). Payments by Canada Negligence in program administration 23 A production insurance agreement shall provide that no contribution shall be made by the federal government to premiums, wildlife compensation costs for eligible agricultural products, and related administrative expenses that are a consequence of negligence, including wrongful dismissal of personnel, in the administration of the insurance program. SOR/2018-118, s. 16. Breach of agreement 24 A production insurance agreement shall provide that, if there is a failure by the province to comply with a requirement of these Regulations, other than a requirement to which subsection 7(3), 9(3), 11(3), 14(3) or 18(3) applies, the Minister may withhold payment of that portion of the contributions under the agreement that relates to the non-compliance until the situation is rectified. SOR/2018-118, s. 20(E). Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Payments by Canada Sections 25-27 Cumulative limitation of payments 25 The cumulative effect of the limitation of payments provided for in subsections 7(2), 9(2), 11(2), 14(2) and 18(2) and section 24 shall not exceed 25% of the amount otherwise payable by Canada toward premium payments under an agreement for each year. Records and Information Documentation 26 A production insurance agreement shall provide that the province shall maintain, and shall provide to the Minister when requested to do so, any documentation related to (a) the establishment of the amounts of the protection for producers; (b) the procedures and measures used to determine production losses, quality losses and losses that are covered by insurance plans that are not based on yield, including those losses associated with risk-splitting and wildlife compensation; and (c) the administrative procedures required to carry out the administration of an insurance plan or wildlife compensation. SOR/2018-118, ss. 17(F), 20(E). Insurance plan records 27 A production insurance agreement shall provide that the province shall keep records in relation to the following items in respect of an insurance plan: (a) producer identification, agricultural product identification, risk-splitting benefits and elements of insurance plan identification, year, distinguishable groups of producers, risk area, area insured or exposure unit, probable yield per area, actual yield per seeded area or production per seeded area, value of production per agricultural product, coverage level, unit value, unit value net of non-incurred cost if the cost of production method is used, unit value of risk-splitting benefits, elements of the insurance plan, percentage premium rate, total premiums paid, premium discount or surcharge levels, risk-splitting benefits and elements of the insurance plan loss percentage and level of protection; and (b) the number of claims for indemnity, summaries of agricultural product losses or of the number of exposure units indicating the nature and extent of loss and the number and amount of indemnity payments paid, according to agricultural products or exposure units, Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Records and Information Sections 27-29 risk-splitting benefits and elements of the insurance plan and insurance areas. SOR/2018-118, s. 20(E). Wildlife compensation records 28 If a production insurance agreement includes wildlife compensation, the agreement shall provide that the province shall keep records on the amount of production and value of losses, the number of producers paid, the extent of damage incurred by the agricultural product or area and the value of any structural damage caused by wildlife for which payments are made. SOR/2018-118, s. 18. Reports and information 29 (1) A production insurance agreement shall provide that the province shall provide the Minister with the following reports and information: (a) an annual report on the administration of the insurance program, including wildlife compensation, if applicable, that sets out the audited financial statements, including (i) information on the status of the provincial production insurance reserve and provincial production reinsurance funds, if applicable, and (ii) current information by agricultural product, including the number of insurance contracts written, the amount of insurance in force, the number of exposure units or the area insured, the number of producers insured, the amount of premiums collected and the number and total amount of indemnities paid for that year; (b) a quarterly report estimating, by agricultural product, the number of insurance contracts written, the amount of insurance in force, the amount of premiums paid, the number of exposure units or the area insured, the number of claims paid and the amount of indemnities paid; (c) a quarterly report estimating, by agricultural product, the number of claims for indemnity and the amount of indemnities paid for wildlife compensation; and Current to June 20, 2022 Last amended on June 12, 2018 Canada Production Insurance Regulations Records and Information Sections 29-31 (d) reports and information for the insurance plans, and wildlife compensation, if applicable, requested by Canada for the purpose of auditing, evaluating and forecasting Canada’s future financial commitments and to ensure adequate linkages between insurance programs and other business risk management programs. Agreement to specify data (2) For the purpose of paragraph (1)(d), the agreement shall provide for the specific data to be provided. Protection of personal information (3) The requirement to provide information under subsection (1) is subject to the province’s privacy legislation. SOR/2018-118, ss. 19, 20(E). Repeal Regulations repealed 30 [Repeal] Application and Coming into Force Application 31 (1) Sections 2 to 29 apply in respect of payments by Canada on or after the day on which these Regulations come into force in respect of losses that occur after March 31, 2004. Coming into force (2) These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on June 12, 2018
CONSOLIDATION Certified Seed Potatoes Regulations C.R.C., c. 517 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Entry of Certified Seed Potatoes Imported for Use Exclusively for Propagation Purposes 1 Short Title General Current to June 20, 2022 ii CHAPTER 517 CUSTOMS TARIFF Certified Seed Potatoes Regulations Regulations Respecting Entry of Certified Seed Potatoes Imported for Use Exclusively for Propagation Purposes Short Title 1 These Regulations may be cited as the Certified Seed Potatoes Regulations. General 2 Certified seed potatoes, imported under tariff item 7120-1, shall have attached to each bag or other container a CERTIFIED SEED POTATOES tag issued by the proper authority of the state or district in which the potatoes were grown, certifying that they have been grown and approved especially for use as seed in accordance with the official rules and regulations of the government of the country of production. Current to June 20, 2022
CONSOLIDATION Customs Duties Accelerated Reduction Order, No. 1 [Repealed, SOR/2020-159, s. 1] Current to June 20, 2022 Last amended on July 1, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS Order Respecting the Accelerated Reduction or Removal of Certain Customs Duties Under the Customs Tariff as a Consequence of Concessions Granted Pursuant to the Canada-United States Free Trade Agreement Current to June 20, 2022 Last amended on July 1, 2020 ii