Canadian Aviation Regulations

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

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

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

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

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

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