Structure of The Canadian Aviation Regulations (CARs)

Canadian Aviation Regulations (CARs)

Evolution of aviation regulations in Canada

In 1996, Transport Canada concluded a total revision of the aviation safety regulations. The revision incorporated recommendations made by the Moshansky Commission, the 1992/93 Federal Regulatory Review, the TCA Rules Harmonization Project, and the Transportation Safety Board.

The current regulations are entitled the Canadian Aviation Regulations (CARs) and are the result of the consolidation of the Air Regulations and Air Navigation Orders into a comprehensive ten-part publication. This Transport Canada Civil Aviation initiative revised and updated existing regulations and standards to produce a more accessible, clear and logical set of regulatory documents.

The CARs were created from authorities delegated to the Minister of Transportation in the Aeronautics Act. The Aeronautics Act is the Canadian legislation that governs and controls aeronautics. They were developed in consultation with the aviation community as part of the Canadian Aviation Regulation Advisory Council’s (CARAC) processes. The development of the current regulations exemplifies the benefits of the partnership approach.

The CARs were published in Part I of the Canada Gazette in the fall of 1995. As a result of the many comments received, significant changes were made prior to their publication in Part II of the Canada Gazette on October 2, 1996. The regulations came into force on October 10, 1996, with a 60-day implementation period being granted to permit commercial air operators, private operators, Flight Training Units, and Aircraft Maintenance Organizations to achieve full compliance. Improvement of the CARs continues to be an important facet of the Civil Aviation safety program.

Structure of the regulations

The Canadian Aviation Regulations are divided into ten parts. Generally, each part corresponds to one of the broad areas of aviation (e.g. personnel licensing, airworthiness, commercial air services, etc.).

Part I – General Provisions

Definitions, general administrative and compliance provisions, regulatory authorities, and fees for services provided by the Department.

Part II – Identification, Registration and Leasing of Aircraft

Regulations governing registration, marking and leasing of aircraft and identification of aeronautical products.

Part III – Aerodrome and Airports

Regulations governing aerodromes and airports, and requirements for certification of airports.

Part IV – Personnel Licensing and Training

Regulations governing the training and licensing of flight crew, aircraft maintenance engineers and air traffic controllers.

Part V – Airworthiness

Regulations governing the airworthiness of aircraft from the design and type certification stage to the maintenance of aircraft in use. Includes requirements respecting export, manufacture, and distribution of aircraft and aeronautical products, and requirements respecting continuing airworthiness.

Part VI – General Operating and Flight Rules

General rules applicable to all aircraft operations, including regulations respecting special types of operations such as air shows, parachuting and balloon operations.

Part VII – Commercial Air Services

Regulations governing the use of airplanes and helicopters in commercial air services, including airworthiness rules relating specifically to commercial operations. They reflect the evolution of the aviation industry in Canada with respect to operations such as aerial work, air taxi and commuter operations. The regulations also account for the way commercial air service regulations are structured internationally.

Part VIII – Air Navigation Services

Regulations respecting the provision of air navigation services.

Part IX – Remotely Piloted Aircraft Systems

Regulations governing the use of remotely piloted aircraft systems (RPAS). More specifically, Part IX provides regulations for registration, pilot certification, general operating procedures and prohibitions for RPAS that weigh 250 grams up to including 25 kilograms under basic and advanced operations. It also provides regulations for any operations outside of this framework through the application of a Special Flight Operations Certificate, as well as a general provision to fly safely and not pose a danger to aviation or people that applies to all RPAS, including microdrones below 250 grams.

Part X – Greenhouse Gas Emissions from International Aviation — CORSIA

The regulations in Part X of the CARs apply to Canadian private air operators and Canadian airlines that produce — from the use of one or more large aeroplanes — more than 10 000 tons of CO2 emissions from flights between contracting states during a calendar year. Regulations regarding the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) are designed to manage greenhouse gas emissions from the aviation sector. These emissions are monitored, and at the end of the calendar year, each operator must offset the CO2 emissions they have produced during the year.

What about standards?

The CARs incorporate by reference compliance to standards, these requirements are described in the standard referenced in the CARs. The standards that are referenced in the CARs do require compliance similar to the CARs. To access a list of the standards incorporated by reference in the CARs, please consult: Canadian Aviation Regulations (SOR/96-433) (canada.ca)

Advisory and guidance material

Transport Canada issues various forms of Advisories and guidance materials to help members of the aviation community comply with the standards and regulations found in the CARs. Advisory and guidance material include recommended procedures or guidance related to a regulation or standard. Advisory and guidance include recommended practices or provide an example of acceptable means of demonstrating compliance with regulations and standards. Advisory and guidance material do not have force of law. These documents are usually but not always presented in the format of an Advisory Circular.