PART IGeneral 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,

  Act

  Act means the Aeronautics Act; (Loi)

  advanced ultra-light aeroplane

  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

  aerial work means a commercial air service other than an air transport service or a flight training service; (travail aérien)

  aerial work zone

  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

  aerial work zone plan means a risk management plan for proposed aerial work; (plan de zone de travail aérien)

  aerobatic manoeuvre

  aerobatic manoeuvre means a manoeuvre where a change in the attitude of an aircraft results in a bank angle greater than 60 degrees, an abnormal attitude or an abnormal acceleration not incidental to normal flying; (acrobatie aérienne)

  aerodrome traffic

  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

  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

  AGL means above ground level; (AGL)

  air operator

  air operator means the holder of an air operator certificate; (exploitant aérien)

  air operator certificate

  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

  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

  air show means an aerial display or demonstration before an invited assembly of persons by one or more aircraft; (spectacle aérien)

  air time

  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

  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

  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)

  air traffic control instruction

  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

  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

  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

  airport means an aerodrome in respect of which an airport certificate issued under Subpart 2 of Part III is in force; (aéroport)

  airship

  airship means a power-driven, lighter-than-air aircraft; (dirigeable)

  airway

  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

  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

  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

  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)

  all-engines-operating take-off distance

  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 elevation specified in the certification basis of the aeroplane; (distance de décollage avec tous les moteurs opérants)

  all-engines-operating take-off run

  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

  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

  altimeter setting region means the low level airspace so specified, and delineated, in the Designated Airspace Handbook; (région de calage altimétrique)

  appliance

  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

  appropriate frequency means

  • (a) the radio frequency specified by an air traffic control unit or flight service station for use by the pilot-in-command 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

  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

  APU or auxiliary power unit means any power unit that delivers rotating shaft power or compressed air, or both, and that is not intended for direct propulsion of an aircraft; (APU ou groupe auxiliaire de bord)

  Arctic Control Area

  Arctic Control Area[Repealed, SOR/2006-77, s. 1]

  ASDA

  ASDA or accelerate-stop distance available means, in respect of a runway, the length of the take-off run available plus the length of the stopway, where a stopway is provided; (ASDA ou distance accélération-arrêt utilisable)

  ASL

  ASL means above sea level; (ASL)

  ATC unit

  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

  ATS or air traffic services includes air traffic control services and advisory services; (ATS ou services de la circulation aérienne)

  AWOS

  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

  AX class means a classification of balloons by size, as established by the Fédération Aéronautique Internationale (FAI); (classe AX)

  balloon

  balloon means a non-power-driven lighter-than-air aircraft; (ballon)

  balloon operator

  balloon operator means the holder of a special flight operations certificate — balloons issued under section 603.18; (exploitant de ballons)

  basic ultra-light aeroplane

  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 (V_so) of 39 knots (45 mph) indicated airspeed, or less, at the maximum take-off weight; (avion ultra-léger de base)

  Canada Air Pilot

  Canada Air Pilot means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister; (Canada Air Pilot)

  Canada Flight Supplement

  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

  Canadian has the same meaning as in section 55 of the Canada Transportation Act; (Canadien)

  Canadian Domestic Airspace

  Canadian Domestic Airspace means the airspace specified, and delineated as such, in the Designated Airspace Handbook (espace aérien intérieur canadien)

  CAT II minima

  CAT 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

  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

  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

  child restraint system means any device, other than a safety-belt, that is designed to restrain, seat or position a person and that complies with the applicable standards of airworthiness set out in Chapter 537 of the Airworthiness Manual; (ensemble de retenue d’enfant)

  class

  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)

  Commercial Air Service Standards

  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

  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

  company operations manual means a manual established by an air operator pursuant to Part VII; (manuel d’exploitation de la compagnie)

  contracting state

  contracting state means a state that is a party to the Convention; (État contractant)

  control area

  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

  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

  controlled aerodrome means an aerodrome at which an air traffic control unit is in operation; (aérodrome contrôlé)

  controlled airspace

  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

  Convention means the Convention on International Civil Aviation signed on behalf of Canada at Chicago on December 7, 1944, as amended from time to time; (Convention)

  crew member

  crew member means a person assigned to duty in an aircraft during flight time; (membre d’équipage)

  critical engine

  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)

  danger area

  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

  dangerous goods means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992; (marchandises dangereuses)

  day

  day or daylight means the time between the beginning of morning civil twilight and the end of evening civil twilight; (jour)

  decision height

  decision height means a height specified in the Canada Air Pilot or the route and approach inventory at which a missed approach procedure shall 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

  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)

  elementary work

  elementary work means those tasks that are listed as elementary work in the Aircraft Equipment and Maintenance Standards; (travaux élémentaires)

  ELT

  ELT means an emergency locator transmitter; (ELT)

  empty weight

  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, de-icing 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

  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 d’urgence de la circulation aérienne aux fins de la sécurité nationale)

  Federal Aviation Regulations

  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)

  FL

  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

  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

  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

  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

  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

  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

  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)

  flight deck duty time

  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)

  flight duty time

  flight duty time means the period that starts when a flight crew member reports for a flight, or reports as a flight crew member on standby, and finishes at engines off or rotors stopped at the end of the final flight, except in the case of a flight conducted under Subpart 4 or 5 of Part VII, in which case the period finishes 15 minutes after engines off or rotors stopped at the end of the final flight, and includes the time required to complete any duties assigned by the air operator or private operator or delegated by the Minister prior to the reporting time and includes the time required to complete aircraft maintenance engineer duties prior to or following a flight; (temps de service de vol)

  flight information services

  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

  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

  • (c) obstacle assessment; (inspection en vol)

  flight itinerary

  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

  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 service station

  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 time

  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

  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

  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

  flight training unit means

  • (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 ultra-light aeroplane, a club, school or other organization that conducts flight training; (unité de formation au pilotage)

  flight training unit operator certificate

  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

  flight visibility means the visibility forward from the cockpit of an aircraft in flight; (visibilité en vol)

  glider

  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

  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

  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

  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)

  hang glider

  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

  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

  heavier-than-air aircraft means an aircraft supported in the atmosphere by lift derived from aerodynamic forces; (aérodyne)

  helicopter

  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

  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

  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

  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

  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

  heliport means an aerodrome used or intended to be used for the arrival, landing, take-off or departure of aircraft capable of vertical take-off and landing; (héliport)

  high level airspace

  high level airspace means airspace at or above 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien supérieur)

  high seas

  high seas means any body of water, or frozen surface thereof, that is not within the territorial waters of any state; (haute mer)

  IFR

  IFR means instrument flight rules; (IFR)

  IFR air traffic control message

  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

  IFR aircraft means an aircraft operating in IFR flight; (aéronef IFR)

  IFR flight

  IFR flight means a flight conducted in accordance with the instrument flight rules; (vol IFR)

  IMC

  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

  infant means a person under two years of age; (enfant en bas âge)

  instrument approach

  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

  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 IFR approach to that runway or aerodrome or, where no such information is specified in the Canada Air Pilot, the information specified in

  • (a) the air operator certificate or the private operator certificate, or

  • (b) the route and approach inventory, where the aircraft is operated pursuant to Part VII or Subpart 4 of Part VI; (procédure d’approche aux instruments)

  invited assembly of persons

  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

  land aircraft means an aircraft that is not capable of normal operations on water; (aéronef terrestre)

  landing

  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

  large aeroplane means an aeroplane with an MCTOW of more than 5 700 kg (12,566 pounds); (gros avion)

  launch weight

  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

  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

  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

  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)

  lighter-than-air aircraft

  lighter-than-air aircraft means an aircraft supported in the atmosphere by its buoyancy; (aérostat)

  limited supplemental type certificate

  limited supplemental type certificate means a supplemental type certificate that is applicable only to the aeronautical products that are specified in the certificate by serial number or by some other identification unique to those products and includes a limited supplemental type approval issued before October 10, 1996 under section 214 of the Air Regulations; (certificat de type supplémentaire restreint)

  low level airspace

  low level airspace means airspace below 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien inférieur)

  maintenance

  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) any work performed on an aircraft by the manufacturer prior to the issuance of the first crtificate of airworthiness or the export airworthiness certificate; (maintenance)

  maintenance release

  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

  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

  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)

  major repair

  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

  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

  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 manoeuvre)

  Manual of All Weather Operations (Categories II and III)

  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

  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

  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

  manufacturer certificate means a certificate issued under Part V that authorizes the holder of the certificate to manufacture an approved aeronautical product; (certificat de constructeur)

  maximum permissible take-off weight

  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

  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)

  MEL

  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

  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

  minimum descent altitude means the altitude ASL specified in the Canada Air Pilot or the route and approach inventory for a non-precision approach, below which descent shall not be made until the required visual reference to continue the approach to land has been established; (altitude minimale de descente)

  minimum enroute altitude

  minimum enroute altitude[Repealed, SOR/2006-77, s. 1]

  minimum rest period

  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

  Minister means the Minister of Transport; (ministre)

  missed approach procedure

  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

  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

  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

  model aircraft means an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures; (modèle réduit d’aéronef)

  model rocket

  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)

  movement area

  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

  night means the time between the end of evening civil twilight and the beginning of morning civil twilight; (nuit)

  non-piloted aircraft

  non-piloted aircraft[Repealed, SOR/2003-271, s. 1]

  non-precision approach

  non-precision approach means an instrument approach by an aircraft using azimuth information; (approche de non-précision)

  Northern Domestic Airspace

  Northern Domestic Airspace means the airspace so specified, and delineated, in the Designated Airspace Handbook; (espace aérien intérieur du Nord)

  NOTAM

  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)

  one-engine-inoperative take-off distance

  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

  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

  operator, in respect of an aircraft, means the person that has possession of the aircraft as owner, lessee or otherwise; (utilisateur)

  operator

  operator, in respect of an airport, means the holder of an airport certificate issued under Subpart 2 of Part III, or the person in charge of the airport, whether as employee, agent or representative of the holder of the certificate; (exploitant)

  ornithopter

  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

  overhaul means a restoration process that includes the disassembly, inspection, repair or replacement of parts, 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

  owner, in respect of an aircraft, means the person who has legal custody and control of the aircraft; (propriétaire)

  passenger

  passenger means a person, other than a crew member, who is carried on board an aircraft; (passager)

  permanent resident

  permanent resident means a permanent resident as defined in subsection 2(1) of the Immigration Act; (résident permanent)

  personal flotation device

  personal flotation device means a personal flotation device that meets the standards set out in the Canadian General Standards Board Standard 65-GP-11, entitled Standard for: Personal Flotation Devices, published in October 1972; (vêtement de flottaison individuel)

  powered glider

  powered glider means an aeroplane that, with engines inoperative, has the flight characteristics of a glider; (planeur propulsé)

  powered parachute aircraft

  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

  precision approach means an instrument approach by an aircraft using azimuth and glide path information; (approche de précision)

  primary structure

  primary structure means a structure that carries flight, ground or pressure loads; (structure primaire)

  private aircraft

  private aircraft means an aircraft that is registered as a private aircraft pursuant to sections 202.16 and 202.17; (aéronef privé)

  private operator

  private operator means the holder of a private operator certificate; (exploitant privé)

  private operator certificate

  private operator certificate means a certificate issued under Subpart 4 of Part VI that authorizes the holder of the certificate to operate a Canadian aircraft for the purpose of transporting passengers; (certificat d’exploitation privée)

  protective breathing equipment

  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

  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

  registered aerodrome means an aerodrome registered by the Minister pursuant to Subpart 1 of Part III; (aérodrome enregistré)

  repair

  repair means the rectification of deficiencies in an aeronautical product or the restoration of an aeronautical product to an airworthy condition; (réparation)

  repair design certificate

  repair design certificate means a document issued by the Minister to record the approval of a repair design for an aeronautical product, identified in the document by a serial number or by some other identification unique to the aeronautical product, and that references the documents and data defining the repair design and the limitations and conditions applicable to the aeronautical product as a result of the design change, and includes a repair design approval issued, before the coming into force of these Regulations, pursuant to section 214 of the Air Regulations; (certificat de conception de réparation)

  required inspection

  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

  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

  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

  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)

  restricted airspace

  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)

  rocket

  rocket means a projectile that contains its own propellant and that depends for its flight on a reaction set up by the release of a continuous jet of rapidly expanding gases; (fusée)

  RVR

  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

  RVR A, in respect of a runway, means RVR detection equipment that is located adjacent to the runway threshold; (RVR « A »)

  RVR B

  RVR B, in respect of a runway, means RVR detection equipment that is located adjacent to the runway mid-point; (RVR « B »)

  safety belt

  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

  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

  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

  SCATANA plan or Security Control of Air Traffic and Navigation Aids Plan[Repealed, SOR/2002-352, s. 1]

  scheduled maintenance

  scheduled maintenance means any maintenance performed at predetermined intervals pursuant to these Regulations, a maintenance schedule or an airworthiness directive; (maintenance planifiée)

  serviceable

  serviceable, in respect of an aircraft or aircraft part, means fit and safe for flight; (en état de service)

  servicing

  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

  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

  sightseeing operation means aerial work in the course of which passengers are disembarked at the point of departure; (excursion aérienne)

  small aircraft

  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 take-off weight of 2 730 kg (6,018 pounds) or less; (petit aéronef)

  Southern Domestic Airspace

  Southern Domestic Airspace means that airspace so specified, and delineated, in the Designated Airspace Handbook; (espace aérien intérieur du Sud)

  special aviation event

  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

  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

  specialty air services means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance and aerial spraying services; (services aériens spécialisés)

  standard of airworthiness

  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

  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

  standard pressure region means all of the Canadian Domestic Airspace not within the altimeter setting region; (région d’utilisation de la pression standard)

  station

  station means a facility used for providing aeronautical information or services; (station)

  stopway

  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

  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; (local approprié)

  supplemental type certificate

  supplemental type certificate means a document that is issued by the Minister to record the approval of a change to the type design of an aeronautical product and that references the documents and data defining the change and the limitations and conditions applicable as a result of the change and includes a supplemental type approval issued before October 10, 1996 under section 214 of the Air Regulations; (certificat de type supplémentaire)

  surface

  surface means any ground or water, including the frozen surface thereof; (surface)

  take-off

  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)

  terminal control area

  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

  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

  TODA or take-off distance available means the total of the take-off run available and, where a clearway is provided, the length of clearway declared available by the operator of the aerodrome; (TODA ou distance de décollage utilisable)

  TORA

  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

  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

  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

  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

  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)

  type

  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

  type certificate means a document issued by

  • (a) the Minister certifying that the type design of an aircraft, aircraft engine, aircraft propeller or aircraft appliance meets the applicable standards for that aeronautical product, as recorded in the type certificate data sheets, and includes a type approval issued before October 10, 1996 under section 214 of the Air Regulations, or

  • (b) 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 has been accepted by the Minister for the purpose of issuing a certificate of airworthiness; (certificat de type)

  type design

  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

  UHF means ultra-high frequency; (UHF)

  ultra-light aeroplane

  ultra-light aeroplane means an advanced ultra-light aeroplane or a basic ultra-light aeroplane; (avion ultra-léger)

  unforeseen operational circumstance

  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

  unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board; (véhicule aérien non habité)

  UTC

  UTC means Coordinated Universal Time; (UTC)

  vessel

  vessel means any ship, boat or other floating structure, other than an aircraft, used for navigation on water; (navire)

  VFR

  VFR means visual flight rules; (VFR)

  VFR aircraft

  VFR aircraft means an aircraft operating in VFR flight; (aéronef VFR)

  VFR flight

  VFR flight means a flight conducted in accordance with the visual flight rules; (vol VFR)

  VFR OTT

  VFR OTT means VFR over-the-top; (VFR OTT)

  VHF

  VHF means very high frequency; (VHF)

  VMC

  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)

• (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.

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; or

• (c) model aircraft, rockets, hovercraft or wing-in-ground-effect machines, unless otherwise indicated in the Regulations.

SUBPART 3 — ADMINISTRATION AND COMPLIANCE

DIVISION I — ADMINISTRATION

Requirements for Standards Incorporated by Reference

• 103.01 (1) This section applies in respect of standards made by the Minister and incorporated by reference into these Regulations.

• (2) The Minister shall not make a standard or an amendment to a standard unless the Minister has undertaken consultations with interested persons concerning the standard or the amendment in accordance with the procedures specified in the publication entitled CARAC Management Charter & Procedures.

• (3) No standard or amendment to a standard shall come into effect less than 30 days after it is made.

• (4) A standard or an amendment to a standard may be made and brought into effect by the Minister without regard to subsections (2) and (3) where the standard or amendment is urgently required to ensure aviation safety or the safety of the public.

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.

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.

• (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.

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.

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.

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.

DIVISION VI — DEFINITION OF PRINCIPAL

Definition of Principal

103.12 For the purposes of subsection 6.71(1) and paragraph 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, the chief pilot or the person responsible for the maintenance control system, 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 full- or 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;

• (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; and

• (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.

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.

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 Registrar, 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 Registrar.

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

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.

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.

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 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.

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 Treasury Board Manual — Personnel Management Component, Employee Services, Chapter 1.1, unless, in respect of transportation and lodging, there is an agreement between the applicant and the Minister that the applicant provide transportation and lodging in lieu of payment; 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).

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.

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 20 of Schedule IV to this Subpart;

• (b) aeronautical product approvals referred to in section 104.03; and

• (c) the expenses referred to in section 104.04 in respect of the processing of applications outside Canada.

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.

SCHEDULE I(Sections 104.01 and 104.02 and subsection 104.07(1))

	Column I	Column II
Item	Document or Preparatory Action in Respect of Which a Charge Is Imposed	Charge ($)
1	Issuance of a ministerial exemption under subsection 5.9(2) of the Aeronautics Act	475
2	Replacement of a mutilated, lost or destroyed Canadian aviation document	35
3	Issuance, in response to a request by industry, of an evaluation or authorization of industry training products	690
4	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))

	Column I	Column II
Item	Document or Preparatory Action in Respect of Which a Charge Is Imposed	Charge ($)
1	Reservation of a registration mark	45
2	Issuance or reservation of a special registration mark	140
3	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

• SOR/97-542, s. 1

SCHEDULE IV(Sections 104.01 and 104.02 and subsection 104.07(1))

	Column I	Column II
Item	Document or Preparatory Action in Respect of Which a Charge Is Imposed	Charge ($)
1	Conduct, by an employee of the Department of Transport, of the writing or rewriting of an examination for a flight crew licence	105
2	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
3	Conduct of the writing or rewriting of a supplementary examination for a flight crew licence	35
4	Conduct of the writing or rewriting of an examination for a flight crew permit, rating or endorsement, or for recency requirements	35
5	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
6	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
7	Issuance of
	(a) a commercial pilot licence	80
	(b) an airline transport pilot licence	100
8	Issuance of a flight engineer licence	80
9	Issuance of an air traffic controller licence	75
10	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
11	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
12	Issuance of an aircraft maintenance engineer licence	115
13	Renewal of an aircraft maintenance engineer licence	40
14	Issuance of a foreign licence validation certificate (CAR 401.07)	45
15	Endorsement of a flight crew licence or permit with a rating, other than an endorsement referred to in item 5	30
16	Endorsement of an aircraft maintenance engineer licence with an additional rating	30
17	Issuance of a temporary licence, permit or medical certificate at the request of the applicant or holder	40
18	Issuance of an extension to the validity period of an instrument rating, a flight instructor rating or a medical certificate	50
19	Issuance of an approved training organization certificate to an organization providing aircraft maintenance engineer training (CAR 403.08)	1000
20	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
21	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
22	Conduct, by an employee of the Department of Transport, of a practical test (CAR 404.05)	200
23	Issuance of a flight training unit operator certificate	600
24	Reinstatement of a suspended flight training unit operator certificate or operations specification	75
25	Approval of an amendment to a flight training unit operator certificate or to an operations specification	75

• SOR/97-542, s. 1
• SOR/2000-252, s. 1
• SOR/2004-214, s. 1

SCHEDULE V(Sections 104.01 to 104.03 and 104.07)

Item	Column I	Column II
	Document or Preparatory Action in Respect of Which a Charge Is Imposed	Charge ($)
1	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
	(h) airships	22,930
	(i) engines — turbine	347,255
	(j) engines — reciprocating	277,805
	(k) propellers	7,860
2	Issuance of a type certificate following a Level 1 Airworthiness Review for 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
3	Issuance of a type certificate following a Level 2 Airworthiness Review for 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
	(g) manned free balloons	6,372
	(h) airships	8,416
	(i) engines — turbine	19,800
	(j) engines — reciprocating	15,840
	(k) propellers	4,500
4	Issuance of a type certificate following a Level 3 Airworthiness Review for 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
5	Reissuance of a 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
	(g) manned free balloons	10,600
	(h) airships	13,995
	(i) engines — turbine	42,590
	(j) engines — reciprocating	34,070
	(k) propellers	4,800
6	Reissuance of a type certificate following a Level 1 Airworthiness Review 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
7	Reissuance of a type certificate following a Level 2 Airworthiness Review 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
	(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
8	Reissuance of a type certificate following a Level 3 Airworthiness Review 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
9	Issuance of an appliance type certificate	700
10	Reissuance of an appliance type certificate	200
11	Issuance of the following supplemental approval certificates to record a modification or repair for which the design was approved by an employee of the Department of Transport:
	(a) a supplemental type certificate	1,900
	(b) a limited supplemental type certificate (single product serial number)	470
	(c) a limited supplemental type certificate (several product serial numbers)	600
	(d) a repair design certificate	470
	(e) a repair design certificate (process repair)	600
12	Issuance of the following supplemental approval certificates to record a modification or repair for which the design was approved by a delegate of the Department of Transport:
	(a) a limited supplemental type certificate (single product serial number)	220
	(b) a limited supplemental type certificate (several product serial numbers)	220
	(c) a repair design certificate	220
13	Reissuance of the following supplemental type certificates associated with a modification or repair for which the design was initially approved by an employee of the Department of Transport:
	(a) a supplemental type certificate	200
	(b) a limited supplemental type certificate	200
	(c) a repair design certificate	200
14	Reissuance of the following supplemental type certificates associated with a modification or repair for which the design was initially approved by a delegate of the Department of Transport:
	(a) a limited supplemental type certificate	180
	(b) a repair design certificate	180

• SOR/97-542, s. 1