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Canadian Aviation Regulations

Version of section 604.83 from 2019-05-15 to 2024-04-01:

  •  (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 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

      • (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)

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