2.1 Regulatory Background
Section 602.27 of the CARs prohibits a person from conducting aerobatic manoeuvres in an aircraft:
- over a built-up area or an open-air assembly of persons;
- in controlled airspace, except in accordance with an SFOC issued pursuant to section 603.67 of the CARs;
- when flight visibility is less than three (3) miles; or
- below 2,000 feet AGL except in accordance with a SFOC issued pursuant to section 603.02 (Special Aviation Events) or 603.67.
Section 603.66 of the CARs allows the prohibition stated in section 602.27, if the person complies with the provisions of a Special Flight Operations Certificate - Aerobatics in or into controlled airspace or an air route.
Section 603.67 gives the requirement for an application to be submitted in the form and manner required by the Special Flight Operations Standards. It also states that the "Minister shall upon receipt of an application ......, issue a SFOC to an applicant ........."
Section 603.69 specifies the contents of a SFOC.
Sub-section 623.65(f)(ii) "The operation of an aircraft while conducting aerobatic below 2000 feet AGL" of the Special Flight Operations Standards outlines the information that constitutes an application for the Special Flight Operations Certificate. An application form specific to this request has not been produced and is not planned. An applicant may submit the required information in any format he or she chooses.
The staff instructions contained in this document apply to all applications made in accordance with section 603.67 of the CARs for a Special Flight Operations Certificate - The operation of an aircraft while conducting aerobatic below 2000 feet AGL.
All applications for the operation of an aircraft while conducting aerobatic below 2000 feet AGL must be reviewed to ensure the requirements of the CARs, the Special Flight Operations Standards and the procedures contained in this staff instruction are met and can be adhered to by an applicant. The requirement for 10 days advance notice is intended to provide Transport Canada officials with sufficient time to review an application and supporting documentation and carry out the required co-ordination early to eliminate the need for last minute action by an applicant to meet requirements. It is not the intent of this staff instruction to direct regional staff not to process an application when an application is received with less than ten days notice. Should an application arrive at a regional office in less than the normal required timeframe but can be processed accurately and completely without straining existing resources and work schedules, the service should be provided with a reminder to the client that ten days notice will be required in future.
An application shall be reviewed as follows:
2.4 Application and Supporting Documentation
The information that must be submitted to Transport Canada by an applicant is found in the Special Flight Operations Standards - Division IV, clause 623.65(f)(ii)(3) - The Operation of an Aircraft while Conducting Aerobatic Manoeuvres below 2000 feet AGL. It states:
3) The following constitutes an application for a Special Flight Operations Certificate for the purpose of operations in paragraph (1) above:
- the name, address, and where applicable, the telephone number and facsimile number of the applicant;
- the location and dimensions of the airspace requested; and
- the dates and times the use of the airspace is requested.
- where the operation is to take place at an airport or aerodrome, evidence that the airport manager or aerodrome operator has been made aware of the proposed operation and has no objection; or
- where the operation is to take place over private property, evidence that the landowners have been made aware of the proposed operation and have no objection.
Applicants must be cognisant of the Ministerial Public Interest responsibilities pertaining to noise in selecting a site to carry out low level aerobatics. Sites that are located in the vicinity of noise sensitive areas such as residential areas, livestock areas, etc. may not be authorised. The onus is on the applicant to provide adequate information with the application for this determination to be reached.
It was not the intent of the CAR or the standards for an applicant to be site specific in requesting a SFOC for this activity. It is possible though that a client may only wish to request a single area. It is also possible for a client to request a site specific authorisation that allows persons under his or her control to use the site.