EXEMPTION FROM SECTIONS 604.86, 604.141, 604.142, 604.143, 604.145, 604.146, 604.148, 604.149, PARAGRAPH 604.197(1)(b), DIVISION VIII, DIVISION X AND DIVISION XII OF SUBPART 4 OF PART VI OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety, I hereby exempt all Private Operators that held a valid Temporary Private Operator Certificate (TPOC) prior to May 30, 2014 from the requirements of sections 604.86, 604.141, 604.142, 604.143, 604.145, 604.146, 604.148, 604.149, paragraph 604.197(1)(b), Division VIII – Maintenance, Division X – Training Program and Division XII – Safety Management System of Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

The specific exempted provisions and exempted Divisions of this exemption are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to permit Private Operators that held a valid TPOC prior to May 30, 2014 to operate their aircraft, for which a TPOC was issued, for the purpose of transporting passengers or goods under the conditions set out in this exemption for a transitional period of two years following the coming into force of the REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I, II, IV, VI AND VII – PRIVATE OPERATORS).

APPLICATION

This exemption applies to all Private Operators that held a valid TPOC prior to May 30, 2014.

CONDITIONS

This exemption is subject to the following conditions:

1.  Private Operators shall comply with the Safety Features Card Requirements set out in Appendix B to this exemption.

2.  Private Operators shall comply with the Maintenance Requirements set out in Appendix B to this exemption.

3.  Private Operators shall comply with section 2.1 (SMS Requirements) of the Canadian Business Aviation Association Private Operator Certificate Program Manual – Business Aviation Operational Safety Standards (BAOSS) set out in Appendix C to this exemption.

4.  Private Operators shall comply with section 3 (Managerial Personnel), including sections 3.1 and 3.2) of the Canadian Business Aviation Association Private Operator Certificate Program Manual – BAOSS set out in Appendix C to this exemption.

5.  Private Operators shall comply with section 4 (Training and Proficiency – Training Programs), including sections 4.1 to 4.12 of the Canadian Business Aviation Association Private Operator Certificate Program Manual – BAOSS set out in Appendix C to this exemption.

6.  Private Operators shall comply with section 5.1 (Flight Operations – Requirement to Operate in Accordance with Company Operations Manual) of the Canadian Business Aviation Association Private Operator Certificate Program Manual – BAOSS set out in Appendix C to this exemption.

7.  Private Operators shall comply with section 5.3 (Crew Member Qualifications) of the Canadian Business Aviation Association Private Operator Certificate Program Manual – BAOSS set out in Appendix C to this exemption.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. June 1, 2016 at 23:59 EDT;
  2. the date on which any of the conditions set out in this exemption is breached;
  3. the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 16th day of June 2014, on behalf of the Minister of Transport.

"Original signed by Dr. David Salisbury (for)"

Martin J. Eley
Director General
Civil Aviation

APPENDIX A

Relevant provisions of the Canadian Aviation Regulations

Safety Features Card

604.86 (1) Subject to subsection (2), a private operator shall, before passengers on board an aircraft are given the safety briefing referred to in subsection 604.85(1), provide each passenger at his or her seat with a safety features card that shows the aircraft type and that contains safety information only in respect of the aircraft, including

  1. in the case of an aircraft configured for 19 or fewer passenger seats,
    1. when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses,
    2. the passenger brace position
      1. for each type of seat and passenger restraint system, and
      2. for a passenger who is holding an infant, and
    3. the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of the aircraft configuration,
    4. the location and operation of the passenger oxygen system, if any, including
      1. a description of the masks and their use,
      2. the actions to be performed by a passenger in order to
        1. obtain a mask,
        2. activate the flow of oxygen, and
        3. don and secure the mask, and
      3. the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask,
    5. the location of life preservers, how they are to be removed from their packaging, how they are to be donned by adults, by children aged two years or older and by infants, and when they are to be inflated,
    6. when and where smoking is prohibited, and
    7. the location, removal and use of flotation devices and, if any, life rafts; and
  2. in the case of an aircraft configured for more than 19 passenger seats,
    1. the information set out in subparagraphs (a)(i) to (vii),
    2. when and where carry-on baggage is to be stowed,
    3. the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing,
    4. the form, function, colour and location of the floor proximity emergency escape path markings, if any,
    5. the safest route for passengers to take in order to move away from the aircraft in the event of an emergency, and
    6. the attitude of the aircraft while floating, as determined by the aircraft manufacturer.

(2) If a flight attendant is not required on board an aircraft, the safety features card referred to in subsection (1) shall also contain the information on the location of the emergency equipment required under sections 604.116, 604.117 and 604.119 and how to access that equipment.

Operations Manager Qualifications and Responsibilities

604.141 (1) No private operator shall permit a person to act — and no person shall act — as the operations manager unless

  1. the person
    1. holds, or has held, the licence and ratings required by Part IV to act as a pilot-in-command on an aircraft operated by the private operator, or
    2. has acquired at least three years of supervisory experience with a private operator or air operator whose operations and activities are of a size, nature and complexity that correspond to the size, nature and complexity of the operations and activities of the private operator; and
  2. the person has demonstrated to the private operator knowledge of
    1. the content of the private operator’s operations manual, and
    2. the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

(2) The operations manager is responsible for the operational control of the private operator’s operations and shall

  1. coordinate the activities that affect operational control, including activities relating to
    1. maintenance,
    2. crew members’ schedules,
    3. load control, and
    4. aircraft operation schedules;
  2. implement the private operator’s policies and procedures to ensure that the private operator’s operations meet the requirements of this Subpart;
  3. if the operations manager receives aeronautical information that indicates a risk to the safety of a flight, ensure that corrective actions are taken to manage or mitigate the risk;
  4. ensure the dissemination of aircraft safety information to the private operator’s personnel; and
  5. implement the emergency response procedures referred to in paragraph 604.203(1)(e).

Chief Pilot Qualifications, Training and Responsibilities

604.142 (1) No private operator shall permit a person to act — and no person shall act — as a chief pilot unless

  1. the person meets the requirements of paragraphs 604.143(1)(a), (b), (d) and (e) for acting as pilot-in-command on an aircraft operated by the private operator; and
  2. the person has demonstrated to the private operator knowledge of
    1. the content of the private operator’s operations manual, and
    2. the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

(2) The chief pilot is responsible for the flight crew members involved in the private operator’s operations and shall

  1. develop standard operating procedures in respect of aircraft operated by the private operator;
  2. verify whether the aerodromes and routes for aircraft used by the private operator are suitable for aircraft operated by the private operator;
  3. ensure that the operational requirements of the aerodromes and routes used by the private operator are met; and
  4. process any flight crew member reports and take any necessary follow-up action.

Flight Crew Member Qualifications and Training

604.143 (1) No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless

  1. the person holds the licence, ratings and medical certificate required by Part IV;
  2. in the case of a pilot-in-command,
    1. the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and sections 604.177 and 604.178, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and
    2. the validity period of the training has not expired;
  3. in the case of a second-in-command,
    1. the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and section 604.177, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and
    2. the validity period of the training has not expired;
  4. the person has received, in respect of the aircraft type that the person will operate, training in the performance of the emergency procedures referred to in subsection 604.169(2) or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired;
  5. the person has successfully completed, in respect of the aircraft type that the person will operate, a competency check that meets the requirements of this section or a competency check or pilot proficiency check that meets the requirements of subsection 604.140(2), and the validity period of the competency check or pilot proficiency check has not expired; and
  6. if the person is required to operate an aircraft above 13,000 feet ASL, the person has received the training set out in section 604.176 or equivalent training that meets the requirements of subsection 604.140(1).

(2) A person who undergoes a competency check referred to in paragraph (1)(e)

  1. shall have completed, within 30 days before the day on which the competency check is conducted, the training set out in subsection 604.170(1) or equivalent training that meets the requirements of subsection 604.140(1);
  2. shall have been recommended for the competency check by an instructor who provided the person with the training or equivalent training referred to in paragraph (a); and
  3. shall meet the following requirements:
    1. the person holds the licence required by Part IV in respect of the aircraft that will be used for the competency check,
    2. the person holds a type rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in paragraph 421.40(3)(a) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted, and
    3. the person holds an instrument rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in subsection 421.46(2) of Standard 421 — Flight Crew Permits, Licencesand Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted.

(3) The competency check referred to in paragraph (1)(e)

  1. shall be based on the processes, practices and procedures set out in the private operator’s operations manual;
  2. shall consist of the exercises set out in chapters 2 or 3, as the case may be, of the standard entitled Flight Test Guide — Competency Check (Private Operators), published by the Minister;
  3. shall assess the exercises referred to in paragraph (b) in accordance with the marking scale set out in section 1.3 of that standard;
  4. shall assess the competency as satisfactory or unsatisfactory in accordance with sections 1.4 and 1.5 of that standard; and
  5. shall be subject to the retest procedures referred to in section 1.6 of that standard.

(4) Subject to subsection (5), the competency check referred to in paragraph (1)(e) shall be conducted by a person who

  1. holds the licence and ratings required by Part IV to act as pilot-in-command of the aircraft used for the competency check;
  2. holds an instrument rating required by Part IV in respect of the aircraft used for the competency check;
  3. meets one of the following requirements:
    1. is a pilot examiner authorized by the Minister to conduct instrument rating flight tests under Part IV,
    2. is an approved check pilot authorized by the Minister to conduct a pilot proficiency check under Part VII in respect of the aircraft type used for the competency check, or
    3. holds an authorization issued by the competent authority of a contracting state to conduct flight tests that are equivalent to competency checks, in which case the person shall have demonstrated to the private operator knowledge of the standard referred to in paragraph (3)(b); and
  4. is not the instructor who made the recommendation referred to in paragraph 2(b) in respect of the person undergoing the competency check.

(5) The competency check referred to in paragraph (1)(e) may be conducted by a person who is not referred to in paragraph 4(c) if the person

  1. has been assigned to conduct the competency check by the private operator;
  2. meets the requirements set out in paragraphs (4)(a) and (b);
  3. does not have a record of conviction for
    1. an offence under section 7.3 of the Act, or
    2. two or more offences under these Regulations not arising from a single occurrence;
  4. is at least 21 years old;
  5. has at least 3,000 hours of flight time in an aircraft of the same category as the aircraft that will be used for the competency check, including
    1. at least 2,000 hours as pilot-in-command,
    2. at least 500 hours in a multi-engined aircraft, and
    3. at least 500 hours of instrument time, including at least 100 hours as pilot-in-command; and
  6. has successfully completed, within 24 months before the day on which the person conducts the competency check, training provided by a pilot examiner or by an approved check pilot that includes the following elements:
    1. the responsibilities of a person conducting a competency check,
    2. evaluation principles,
    3. the conduct of a competency check,
    4. the content of the standard referred to in paragraph (3)(b), and
    5. the record-keeping requirements set out in section 604.149.

Flight Attendant Training

604.145 No private operator shall permit a person to act— and no person shall act— as a flight attendant unless

  1. the person has received the training set out in section 604.179 or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired; and
  2. the person has demonstrated to the private operator knowledge of
    1. the provisions of these Regulations and of standards that affect the responsibilities of a flight attendant,
    2. aeronautical terminology,
    3. the physiological effects of flight, and
    4. the theory of flight.

Flight Dispatcher and Flight Follower Training

604.146 (1) No private operator shall permit a person to act — and no person shall act — as a flight dispatcher unless the person

  1. holds a flight dispatcher certificate; and
  2. has received the training set out in subsection 604.180(1) and the validity period of the training has not expired.

(2) No private operator shall permit a person to act — and no person shall act — as a flight follower unless the person has received the training set out in subsection 604.180(2) and the validity period of the training has not expired.

Safety Management System Training

604.148 A private operator shall ensure that the operations manager, the maintenance manager and all other personnel receive the training set out in section 604.183.

Training and Qualifications Records

604.149 (1) A private operator shall have for its personnel a training and qualifications record that includes the following information:

  1. each person’s name;
  2. the dates on which the person received training and the name of the instructor who provided the training;
  3. in the case of the operations manager, information on how the operations manager has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.141(1)(b) and the date of that demonstration;
  4. in the case of the chief pilot, information on how the chief pilot has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.142(1)(b) and the date of that demonstration;
  5. in the case of a flight instructor, information on how the flight instructor has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.144(1)(e) and the date of that demonstration;
  6. in the case of a flight crew member,
    1. the flight crew member licence number, the category and expiry date of the flight crew member’s medical certificate, a list of the flight crew member’s ratings and, if applicable, the expiry date of those ratings,
    2. in respect of the training referred to in subsection 604.170(1) and sections 604.177 and 604.178, information indicating whether the training was completed using an aircraft or a flight simulation training device, and
    3. in respect of the competency check referred to in paragraph 604.143(1)(e),
      1. the name of the person who conducted the competency check and the date on which it was conducted,
      2. the name of the instructor who made the recommendation referred to in paragraph 604.143(2)(b) and the date on which it was made,
      3. the date of each attempt by the flight crew member to complete a competency check and the result of each attempt,
      4. information indicating whether the competency check was conducted using an aircraft or a flight simulation training device, and
      5. in the case of a competency check conducted by the person referred to in subparagraph 604.143(4)(c)(iii), information indicating how the person has demonstrated to the private operator knowledge of the standard referred to in that subparagraph and the date of that demonstration,
    4. in respect of a pilot proficiency check conducted under Part VII, the name of the air operator for which the check was conducted and the date on which the check was conducted, and
    5. the dates on which the flight crew member demonstrated the ability to operate an aircraft in accordance with paragraphs 604.50(c), 604.51(f), 604.60(f) and 604.74(2)(c); and
  7. in the case of an aircraft maintenance engineer (AME), the aircraft maintenance engineer licence number.

(2) If the training referred to in Divisions IV or X includes a written examination, the private operator shall retain a master copy of each examination.

(3) The private operator shall

  1. retain the records referred to in subsections (1) and (2) for two years after the day on which the records were last updated; and
  2. retain the written examination referred to in subsection (3) for two years after the day on which the examination was given.

General Requirement

604.197 (1) A private operator shall have an operations manual that sets out the processes, practices and procedures applied in the course of its operations. The operations manual shall include a table of contents and shall deal with the following topics:

(a) …;

(b) the organization and operation of the safety management system;

(c) to (q)…

(2) ...

Division VIII — Maintenance

Maintenance Manager

604.126 The maintenance manager is responsible and accountable for the maintenance control system.

Maintenance Control System

604.127 A private operator shall have, in respect of its aircraft, a maintenance control system that includes

  1. in the case of a private operator who provides the parts and materials that will be used in the performance of maintenance or elementary work, procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V are used, including
    1. the details of part pooling arrangements, if any, that have been entered into by the private operator, and
    2. procedures used for the inspection and storage of incoming parts and materials;
  2. if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c), the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work;
  3. procedures to ensure that the persons who perform maintenance, elementary work or servicing are authorized to do so under section 604.128;
  4. procedures to ensure that an aircraft is not returned to service unless it is
    1. airworthy, and
    2. equipped, configured and maintained for its intended use;
  5. a description of the defect reporting and control procedures required by section 604.129;
  6. the aircraft service information review procedures required by section 604.131;
  7. procedures to ensure that the records referred to in section 604.132 are established and retained in accordance with that section;
  8. procedures to ensure that the tasks required by a maintenance schedule or by an airworthiness directive are completed within the time limits set out in Subpart 5 of Part VI;
  9. procedures to ensure that the particulars relating to aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI;
  10. a general description of the maintenance schedule required under paragraph 605.86(1)(a) and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2); and
  11. details of the methods used to record the maintenance, elementary work or servicing performed and to ensure that any defects are recorded in the technical records that are required to be kept under subsection 605.92(1).

Maintenance, Elementary Work and Servicing

604.128 (1) No private operator shall authorize a person to perform maintenance or elementary work on any of its aircraft unless

  1. the person
    1. has received the training referred to in subsection 604.182(1), and
    2. in the case of elementary work, has performed that work at least once under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or
  2. the person is authorized to do so under a written agreement that
    1. describes the maintenance or elementary work to be performed, including the specific tasks and activities and the conditions under which they are to be performed, and
    2. provides that the private operator is responsible for ensuring that the maintenance or elementary work is performed.

(2) If a member of the private operator’s personnel performs servicing on any of the private operator’s aircraft, the private operator shall ensure that the member meets the training requirements set out in subsection 604.182(2).

(3) A private operator shall retain a copy of the written agreement referred to in paragraph (1)(b) for two years after the day on which the agreement comes into force.

Defect Reporting and Control Procedures

604.129 A private operator shall have procedures to ensure that

  1. aircraft defects are recorded in accordance with subsection 605.94(1);
  2. aircraft defects are rectified in accordance with the requirements of Subpart 5 of Part VI;
  3. an aircraft defect that occurs three times within 15 flights is identified and is reported as a recurring defect to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification; and
  4. an aircraft defect, the rectification of which has been deferred, is scheduled for rectification.

Service Difficulty Reporting

604.130 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any service difficulty related to the aircraft that it operates under this Subpart.

Aircraft Service Information Review

604.131 A private operator shall have procedures to ensure that

  1. it is aware of the aircraft service information that the holder of a design approval document produces in respect of the aeronautical products used by the private operator;
  2. the aircraft service information is assessed, and the results of the assessment are signed and dated by the maintenance manager and retained for six years; and
  3. the maintenance schedule or any other procedure is, if necessary, amended in response to the assessment.

Personnel Records

604.132 (1) A private operator shall have for its personnel a record that includes the following information:

  1. the name of any person authorized under section 571.11 to sign a maintenance release under section 571.10; and
  2. the name of any person who has performed elementary work in accordance with subparagraph 604.128(1)(a)(ii).

(2) The private operator shall retain the record for two years after the day on which it was last updated.

[604.133 to 604.138 reserved]

Division X — Training Program

Training Program

604.166 (1) Subject to subsection (2), a private operator shall have a training program that covers the subject matter set out in Division IV and in this Division, and the competency check referred to in paragraph 604.143(1)(e), and that takes into account

  1. the aircraft types operated by the private operator; and
  2. the private operator’s area of operation.

(2) A private operator who is also an air operator shall have a training program that covers the subject matter set out in this Division and that takes into account

  1. the aircraft types operated by the private operator that are not specified in the air operator certificate; and
  2. the differences, if any, between the areas in which operations are conducted.

Acquiring and Maintaining Competency

604.167 A private operator shall design its training program so that a person who receives training required under this Subpart

  1. will, if the person is receiving the training for the first time, acquire the competency necessary to perform his or her duties; and
  2. will, if the person is receiving subsequent training, maintain the competency referred to in paragraph (a) and acquire any new competency necessary to perform his or her duties.

Training Program Content and Training Facilities

604.168 A private operator shall ensure that any training provided to meet the requirements of this Subpart is

  1. based on the content of the private operator’s training program; and
  2. provided in facilities that are equipped with the appropriate furnishings, audiovisual equipment and training aids.

Flight Crew Members — Ground Instruction

604.169 (1) The ground instruction component of the training program for flight crew members shall include the following elements:

  1. the content of the private operator’s operations manual;
  2. the aircraft systems operation and limitations specified in the aircraft flight manual and, if the private operator has established an aircraft operating manual and standard operating procedures, those specified in that manual and in those procedures;
  3. the operation of the aircraft equipment;
  4. the differences, if any, between the equipment, operation and layout of aircraft of the same type;
  5. the standard operating procedures, if any were established by the private operator;
  6. the aircraft performance and limitations;
  7. weight and balance control procedures;
  8. aircraft servicing and ground handling;
  9. the location and operation of emergency equipment;
  10. the actions to be taken in the event of aircraft fire on the ground or in the air;
  11. the actions to be taken in the event of a security-related event;
  12. procedures to avoid Controlled Flight into Terrain (CFIT);
  13. if the flight crew members will be assigned to medical evacuation flights (MEDEVAC), emergency procedures specific to medical evacuations, including the evacuation of patients from aircraft; and
  14. the private operator’s operational control system.

(2) The ground instruction component of the training program for flight crew members shall include training in the performance of the following emergency procedures:

  1. the use of fire extinguishers;
  2. the operation and use of emergency exits;
  3. passenger preparation for an emergency landing or ditching;
  4. emergency evacuation procedures;
  5. if the flight crew members will be assigned to aircraft equipped with life preservers, the donning and inflation of life preservers;
  6. if the flight crew members will be assigned to aircraft equipped with life rafts, the removal of life rafts from the stowage compartment, and the deployment, inflation and boarding of life rafts; and
  7. procedures for dealing with pilot incapacitation.

(3) If a private operator operates a turbo-jet-powered aeroplane, the ground instruction component of the training program for flight crew members who will operate that aeroplane shall include the following elements:

  1. the low-energy landing regime for that type of aeroplane;
  2. the performance and handling characteristics of the aeroplane and engine in the low-energy regime; and
  3. balked landing procedures for the aeroplane.

Flight Crew Members — Aircraft Operation Training

604.170 (1) The aircraft operation component of the training program for flight crew members shall include procedures for the normal, abnormal and emergency operation of an aircraft and its systems and components, including the following elements:

  1. aircraft performance during take-off, climb, cruise, holding, descent, landing and diversion;
  2. calculations of the aircraft’s take-off and landing distances and speeds, and the aircraft’s fuel consumption, weight and centre of gravity;
  3. the flight characteristics of the aircraft, including any abnormal characteristics that are applicable to the aircraft, such as dutch roll, buffet boundary onset and aircraft upset;
  4. the effects of airframe and engine icing and the use of de-icing and anti-icing equipment;
  5. flight planning and instrument flight procedures, including
    1. departure, enroute, holding, arrival and diversion procedures,
    2. precision, non-precision and missed approaches in minimum visibility conditions, with the flight director in automatic mode and in degraded states of operation, and
    3. circling approaches, if applicable;
  6. pre-flight checks of the interior and exterior of the aircraft;
  7. the use of aircraft checklists;
  8. aircraft manoeuvres on the ground;
  9. normal, crosswind, noise abatement and maximum performance take-offs and landings;
  10. take-offs and landings on contaminated runways;
  11. rejected take-offs and landings;
  12. steep turns;
  13. approach to a stall and recovery from a stall;
  14. the operation of the Flight Management Computer System (FMCS), Ground Proximity Warning System (GPWS), Terrain Awareness and Warning System (TAWS), Traffic Alert and Collision Avoidance System (TCAS), Airborne Collision Avoidance System (ACAS) and any other specialized equipment installed in the private operator’s aircraft;
  15. the execution in VMC of one collision avoidance manoeuvre in response to a GPWS or a TAWS warning, if the aircraft is equipped with a GPWS or a TAWS;
  16. the operation of navigation and communication equipment;
  17. the actions to be taken in the event of hydraulic, electrical and other system failures;
  18. the actions to be taken in the event of flight control failures and, in the case of an aircraft with split control capability, briefings on degraded states of operation while in flight and during take-off and landing;
  19. the actions to be taken in the event of aircraft fire on the ground or in the air;
  20. the actions to be taken in the event of engine fire and engine failure while in flight;
  21. the recognition of and recovery from turbulence and windshear during an approach, landing and take-off;
  22. the actions to be taken in the event of an emergency evacuation of passengers and crew;
  23. the actions to be taken in the event of pilot incapacitation while in flight and during takeoff and landing;
  24. crew resource management;
  25. if the private operator provides the training using a flight simulator, the performance of one balked landing initiated in the low-energy regime using the same simulator;
  26. in the case of a pressurized aircraft, the actions to be taken in the event of loss of pressurization and emergency descent;
  27. in the case of a three-engine or four-engine aircraft, take-off, landing and flight with the critical engine inoperative or with two other engines inoperative, including driftdown and engine-inoperative performance capabilities; and
  28. in the case of a helicopter,
    1. hovering manoeuvres, slope landings and confined areas,
    2. autorotations,
    3. transmission and main gear box faults and failures, and
    4. tail rotor, tail rotor drive and tail rotor gear box faults and failures.

(2) When the training referred to in subsection (1) is provided on board an aircraft in flight, the private operator shall have procedures to ensure that situations are simulated or presented, and actions are simulated or performed, so as to not adversely affect the safety of the aircraft, its occupants or any other person.

Flight Crew Members — Level B, C or D Flight Simulator

604.171 Subject to sections 604.172 to 604.174, a private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member either on board an aircraft or using a level B, C or D flight simulator. However, if the private operator provides the training using a level B flight simulator, the private operator shall provide training in respect of the following activities on board an aircraft:

  1. pre-flight checks of the interior and exterior of the aircraft;
  2. aircraft manoeuvres on the ground;
  3. normal take-offs and landings;
  4. crosswind take-offs and landings;
  5. a visual circuit, if the flight is conducted in VMC;
  6. approaches and landings with an engine simulated inoperative;
  7. simulated engine failure procedures during a take-off and a missed approach;
  8. approaches and landings without electronic glide slope indication;
  9. a circling approach, if applicable; and
  10. any other approach for which a level B flight simulator lacks the capability.

Flight Crew Members — Level C or D Flight Simulator

604.172 A private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using only a level C or D flight simulator if

  1. the flight crew member has acquired flight time on an aircraft certificated in the same category, and with engines using the same principle of propulsion, as the aircraft on which the flight crew member is to be trained; and
  2. the private operator provides to the flight crew member, using the same flight simulator, training in respect of the following activities under variable visual meteorological conditions of dusk and night, or day and night:
    1. aircraft manoeuvres on the ground,
    2. normal take-offs and landings and crosswind take-offs and landings, up to 100% of the crosswind component specified by the aircraft manufacturer,
    3. encounters with moderate to severe in-flight icing conditions,
    4. simulated line flights that include at least one sector in which the flight crew member acts as pilot flying and at least one sector in which the flight crew member acts as pilot not flying or pilot monitoring,
    5. visual circuits and landings with variable wind, runway illusion and runway surface conditions,
    6. approaches and landings with an engine simulated inoperative,
    7. approaches and landings without electronic glide slope indication,
    8. approaches and landings with flight control failures and abnormalities, if applicable, and
    9. engine failure procedures during a take-off and a missed approach.

Flight Crew Members — Level D Flight Simulator

604.173 A private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using only a level D flight simulator if

  1. the flight crew member has at least 1,000 hours of flight time as a flight crew member;
  2. in the case of training provided on an aircraft that requires a minimum flight crew of two pilots, the flight crew member holds an individual type rating for an aircraft that requires a minimum flight crew of two pilots; and
  3. the private operator provides the training referred to in paragraph 604.172(b) to the flight crew member using that simulator.

Flight Crew Members — Turbo-jet-powered Aeroplane or Transport Category Aircraft —
Level C or D Flight Simulator

604.174 A private operator who operates a turbo-jet-powered aeroplane or transport category aircraft shall provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using a level C or D flight simulator if a level C or D flight simulator is used for that aircraft type in Canada, the United States or Mexico.

Flight Crew Members — Compatibility of Flight Simulators

604.175 A flight simulator that differs from the private operator’s aircraft with respect to installed equipment, systems, cockpit configuration, engine type or performance may be used for the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 if

  1. the flight simulator has performance and handling characteristics equivalent to those of the private operator’s aircraft; and
  2. the private operator’s training program takes into account the differences between the flight simulator and the aircraft.

Flight Crew Members — High Altitude Indoctrination Training

604.176 The component of the training program for flight crew members who will operate an aircraft above 13,000 feet ASL shall include the following elements:

  1. physiological phenomena in a low pressure environment, including
    1. the effects on respiration,
    2. the symptoms and effects of hypoxia,
    3. the duration of consciousness at various altitudes without supplemental oxygen, and
    4. the effects of gas expansion and gas bubble formation; and
  2. the factors associated with rapid or explosive loss of pressurization, including
    1. the most likely causes of the loss of pressurization,
    2. the increased level of noise, the change in cabin temperature and cabin fogging,
    3. the effects on objects located near a point of fuselage failure, and
    4. the actions to be taken by flight crew members immediately after the loss of pressurization and the aircraft attitude likely to result from those actions.

Flight Crew Members — One-engine Inoperative Ferry Flights

604.177 The component of the training program for flight crew members who will operate an aircraft during a one-engine inoperative ferry flight under a flight permit issued under section 507.04 shall include training in the operational procedures and limits specified in the aircraft flight manual.

Flight Crew Members — Upgrade to Pilot-in-Command

604.178 The component of the training program for flight crew members who have served as second-in-command and who are to be upgraded to pilot-in-command shall include the following elements:

  1. the elements of the training referred to in subsection 604.170(1) that are related to the duties of a pilot-in-command;
  2. training on the responsibilities of a pilot-in-command in relation to the use and operation of an aircraft;
  3. in the case of a flight crew member who will conduct an operation under a special authorization, the training required to conduct that operation as pilot-in-command; and
  4. crew resource management.

Flight Attendants

604.179 The component of the training program for flight attendants shall include the following elements:

  1. the roles and responsibilities of the private operator and crew members;
  2. the coordination of crew member duties and crew resource management;
  3. aircraft communications systems and communication procedures in normal, abnormal and emergency conditions;
  4. the content of the briefings given to passengers and crew members;
  5. cabin and passenger safety checks;
  6. aircraft surface contamination procedures;
  7. procedures relating to passengers requiring special treatment;
  8. requirements and procedures relating to seats and restraint systems for passengers and crew members;
  9. procedures for accepting and stowing carry-on baggage, and any applicable restrictions;
  10. policies and procedures relating to the use of portable electronic devices;
  11. procedures for fuelling with passengers on board;
  12. procedures relating to passenger service when the aircraft is on the ground;
  13. safety procedures relating to take-offs, landings and aircraft movements on the surface;
  14. safety procedures relating to the embarkation and disembarkation of passengers and their movement on the apron;
  15. procedures relating to passenger and crew member safety during periods of in-flight turbulence;
  16. procedures for entering the flight deck and for serving beverages and meals to flight crew members;
  17. procedures for dealing with the incapacitation of a crew member;
  18. the location and operation of, and any safety instructions relating to, the various types of cabin exits and the flight deck escape routes;
  19. the operation of cabin systems and of safety and emergency equipment by flight attendants in normal and abnormal conditions;
  20. the actions to be taken with respect to the equipment identified on the minimum equipment list and intended for use by flight attendants;
  21. the actions to be taken in the event of fumes or smoke in the cabin and to prevent fumes or smoke in the vicinity of the aircraft from entering the cabin;
  22. fire detection, fire-fighting systems and fire-fighting procedures;
  23. procedures in the event of loss of cabin pressurization;
  24. how to identify the need for administering supplemental oxygen, and procedures for administering the oxygen;
  25. procedures for the evacuation of passengers and crew members; and
  26. training that includes the performance of the following emergency procedures:
    1. the use of the public address and interphone systems,
    2. the briefing of passengers,
    3. the operation and use of the emergency exits on each type of aircraft to which the flight attendant will be assigned,
    4. emergency evacuation procedures,
    5. if the flight attendants will be assigned to an aircraft equipped with life preservers, the donning and inflation of life preservers,
    6. if the flight attendants will be assigned to an aircraft equipped with an evacuation slide, the identification of the location of the manual inflation handle and the disconnect handle, and an evacuation using the slide,
    7. if the flight attendants will be assigned to an aircraft equipped with either first aid oxygen equipment or portable oxygen equipment, the operation and use of that equipment,
    8. if the flight attendants will be assigned to an aircraft equipped with life rafts, the removal of life rafts from the stowage compartment and the deployment, inflation and boarding of life rafts, and
    9. fire fighting, including the use of a fire extinguisher on an actual fire.

Flight Dispatchers and Flight Followers

604.180 (1) The component of the training program for flight dispatchers shall include the following elements:

  1. the content of the private operator’s operations manual;
  2. the provisions of these Regulations, and of related standards, that affect the responsibilities of a flight dispatcher;
  3. flight planning and the private operator’s standard operating procedures;
  4. radiocommunication procedures;
  5. aircraft fuelling procedures;
  6. aircraft surface contamination procedures;
  7. the use of minimum equipment lists;
  8. meteorological conditions, including windshear and aircraft icing, in the private operator’s area of operation;
  9. the private operator’s navigation and instrument approach procedures;
  10. accident and incident reporting;
  11. emergency procedures;
  12. weight and balance control procedures;
  13. pre-flight crew member briefings;
  14. the differences between pilot self-dispatch procedures and co-authority dispatch procedures;
  15. the provision of meteorological information to the flight crew without analysis or interpretation;
  16. foreign regulations, if applicable;
  17. aeronautical information publications applicable to the private operator’s area of operation;
  18. meteorological conditions and their effect on the flight and operation of an aircraft;
  19. the interpretation of meteorological information;
  20. the performance and limitations of the private operator’s aircraft;
  21. air traffic control procedures; and
  22. flight dispatch procedures.

(2) The component of the training program for flight followers shall include the elements referred to in paragraphs (1)(a) to (q).

Ground and Airborne Icing Operations

604.181 The component of the training program for flight crew members and ground personnel that relates to ground and airborne icing operations shall include the following elements:

  1. the responsibilities of the pilot-in-command and other operations personnel in respect of aircraft de-icing and anti-icing procedures;
  2. the provisions of these Regulations, and of related standards, that relate to ground and airborne icing operations;
  3. the meteorological conditions that are conducive to ice, frost and snow contamination;
  4. procedures relating to pre-flight inspections and to the removal of contamination;
  5. the hazards associated with the contamination of critical surfaces by ice, frost and snow;
  6. airborne icing recognition; and
  7. in the case of training provided to flight crew members,
    1. the basis of the certification of the aircraft for flight into known icing conditions,
    2. airborne icing definitions and terminology,
    3. the aerodynamic effects of airborne icing,
    4. the weather patterns associated with airborne icing, including both classical and nonclassical mechanisms that produce freezing precipitation,
    5. flight planning and airborne icing information,
    6. information specific to the private operator’s aircraft fleet that relates to the operation of de-icing and anti-icing equipment, and operational procedures relating to that equipment, and
    7. the private operator’s directives concerning operations in airborne icing conditions set out in the private operator’s operations manual and, if established by the private operator, in the private operator’s standard operating procedures.

Maintenance, Elementary Work and Servicing

604.182 (1) The component of the training program for persons who performs maintenance or elementary work shall include the following elements:

  1. the performance rules set out in section 571.02, and the recording requirements set out in section 571.03 and subsection 605.92(1); and
  2. the private operator’s maintenance control system.

(2) The component of the training program for persons who perform servicing shall include the following elements:

  1. the procedures that are set out in instructions for continued airworthiness provided by the holder of the design approval document, and that are applicable to the types of aircraft operated by the private operator; and
  2. details of the methods used by the private operator to record servicing under paragraph 604.127(k).

Safety Management System

604.183 The component of the training program in respect of the private operator’s safety management system shall include the following elements:

  1. training in the concepts and principles of safety management systems;
  2. training in the organization and operation of the private operator’s safety management system;
  3. competency-based training for persons who have been assigned duties in respect of the safety management system;
  4. appropriate objectives for each person; and
  5. means of measuring the level of competency attained by each person who receives the training.

[604.184 to 604.196 reserved]

Division XII — Safety Management System

Prohibition

604.202 No private operator shall conduct flight operations unless it has a safety management system that meets the requirements of section 604.203.

Components of the Safety Management System

604.203 (1) Subject to subsection (2), the private operator’s safety management system shall include the following components:

  1. a statement of the overall objectives that are to be achieved by the safety management system;
  2. a safety management plan that
    1. specifies the duties that are assigned to the private operator’s personnel in respect of the safety management system,
    2. sets out performance goals for the safety management system and a means of measuring the attainment of those goals,
    3. sets out a policy for the internal reporting of aviation-safety-related hazards, incidents and accidents, including the conditions, if any, under which personnel will be protected from disciplinary action,
    4. describes the relationship between the components of the safety management system, and
    5. sets out procedures for involving personnel in the establishment of the safety management system;
  3. a safety oversight program that includes
    1. procedures for managing aviation-safety-related incidents, including their investigation and analysis,
    2. procedures for identifying and managing aviation-safety-related hazards, including the monitoring and risk profiling of those hazards,
    3. a reporting and data collection system for collecting and communicating information relating to aviation-safety-related hazards and incidents that
      1. uses a record-keeping system to monitor and analyze aviation safety trends,
      2. includes a means of communicating with persons who report issues relating to the safety management system or aviation safety,
      3. is capable of generating progress reports for the person responsible for the functional area at intervals that the person determines, and
      4. is capable of generating other reports in urgent cases,
    4. procedures for investigating and analyzing aviation-safety-related hazards, incidents and accidents that
      1. take into account human, environmental and supervisory factors and organizational elements,
      2. make it possible to make findings as to root causes and contributing factors, and
      3. make it possible to communicate the findings to the operations manager,
    5. risk management analysis procedures that include
      1. an analysis of aviation-safety-related hazards,
      2. a risk assessment based on risk criteria, and
      3. a risk control strategy,
    6. corrective action procedures
      1. for determining what corrective actions are necessary, if any, and for carrying out those actions,
      2. for keeping a record of any determination made under clause (A) and the reason for that determination, and
      3. for monitoring and evaluating, in accordance with the quality assurance program referred to in section 604.206, the effectiveness of any corrective action carried out under clause (A),
    7. procedures for disseminating to personnel, with the approval of the private operator, the following aviation-safety-related information:
      1. information relating to an incident,
      2. information relating to a hazard analysis, and
      3. information relating to the results of a review or audit, and
    8. procedures for sharing, with any person with whom the private operator exchanges services, any information relating to aviation safety;
  4. procedures for
    1. ensuring that all procedures relating to the safety management system are recorded and disseminated to personnel,
    2. managing and keeping all records and documents resulting from the safety management system,
    3. ensuring that records and reports relating to the safety management system are retained for at least two years, and
    4. reviewing all documents relating to the safety management system and keeping those documents up to date;
  5. emergency response procedures that
    1. cover all of the activities carried out by the private operator, and
    2. ensure that the duties relating to those procedures are assigned to the appropriate personnel;
  6. the quality assurance program referred to in section 604.206; and
  7. the process for conducting a review of the safety management system under section 604.207.

(2) The safety management system of a private operator who has no employees is not required to include the components referred to in the following provisions:

  1. subparagraphs (1)(b)(iii) and (v);
  2. clause (1)(c)(iii)(B);
  3. subparagraph (1)(c)(vii);
  4. subparagraph (1)(d)(i); and
  5. subparagraph (1)(e)(ii).

Duties of Operations Manager

604.204 (1) The operations manager shall

  1. manage the safety management system;
  2. implement the safety management plan referred to in paragraph 604.203(1)(b);
  3. implement the safety oversight program referred to in paragraph 604.203(1)(c);
  4. implement the procedures referred to in paragraph 604.203(1)(d) in respect of all documents relating to the safety management system;
  5. implement the emergency response procedures referred to in paragraph 604.203(1)(e);
  6. implement the quality assurance program referred to in section 604.206;
  7. ensure that any deficiency identified by the quality assurance program is analyzed to determine its root cause and contributing factors;
  8. communicate to the private operator any finding produced by the safety management system in respect of a hazard to aviation safety;
  9. share, with any person with whom the private operator exchanges services, any finding produced by the safety management system that is likely to have an adverse effect on aviation safety; and
  10. analyze any information relating to aviation safety that is received from any person with whom the private operator exchanges services and take appropriate action to mitigate any hazard to aviation safety.

(2) When a finding produced by the safety management system is reported to the operations manager, the operations manager shall

  1. determine what corrective actions are necessary to address that finding, if any, and carry out those actions;
  2. keep a record of any determination made under paragraph (a) and the reason for that determination;
  3. if the operations manager has assigned management functions to another person, communicate any determination made under paragraph (a) to that person; and
  4. notify the private operator of any deficiency that reduces the effectiveness of all or part of the safety management system, and of the corrective action carried out.

Duties of Personnel

604.205 The personnel of a private operator shall

  1. report to the operations manager any issue relating to the safety management system, including
    1. deficiencies, and
    2. aviation-safety-related hazards, incidents or accidents; and
  2. share, with any person with whom the private operator exchanges services, any information relating to aviation safety.

Quality Assurance Program

604.206 (1) The quality assurance program shall make provision for sampling the private operator’s processes in order to measure

  1. the private operator’s effectiveness in conducting an audit under subsection (2); and
  2. the private operator’s ability to carry out its activities effectively and safely.

(2) An audit required by the quality assurance program shall be conducted

  1. within 12 months after the day on which the private operator registration document was issued;
  2. subject to paragraph (c), within 12 months after the day on which the previous audit was completed;
  3. within 36 months after the day on which the previous audit was completed, if
    1. the private operator submits to the Minister a risk assessment establishing that the private operator is capable of managing the aviation-safety-related risks that may occur during that 36-month period, and
    2. none of the following events have occurred since the day on which the previous audit was completed:
      1. a major incident,
      2. a major change in the private operator’s activities, and
      3. a finding resulting from a review of the safety management system and indicating that the quality assurance program is not achieving its objectives;
  4. following an accident, or incident, that affects aviation safety; and
  5. following the identification, as a result of a review of the safety management system, of a deficiency that reduces the effectiveness of all or part of the safety management system.

(3) A quality assurance program shall include

  1. checklists of all of the activities carried out by the private operator;
  2. procedures for determining what corrective actions are necessary to eliminate the root cause and contributing factors of each finding of non-compliance with these Regulations;
  3. procedures for monitoring corrective actions to ensure that they are effective;
  4. a system for recording the following information:
    1. the findings resulting from an audit, and any supporting documentation,
    2. an analysis of the root cause and contributing factors of any deficiency identified by the quality assurance program,
    3. any corrective action, and
    4. any follow-up action; and
  5. procedures for ensuring that each finding resulting from an audit is communicated to the operations manager and to any person who has been assigned management functions respecting the safety management system, and is made available to the private operator.

(4) An audit conducted under paragraph (2)(d) or (e) shall be a complete audit.

(5) No private operator shall assign a duty relating to the quality assurance program to a person who is responsible for carrying out a task or an activity evaluated by that program unless

  1. owing to the size, nature and complexity of the private operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity;
  2. based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and
  3. the operation of the audit system in relation to the quality assurance program will not be compromised.

Review of the Safety Management System

604.207 (1) A periodic review of the safety management system shall measure the effectiveness of the system in the attainment of the performance goals referred to in subparagraph 604.203(1)(b)(ii).

(2) A review of the safety management system shall be conducted

  1. within 12 months after the day on which the private operator registration document was issued;
  2. within 12 months after the day on which the previous review was completed; or
  3. following an accident, or incident, that affects aviation safety.

(3) A review of the safety management system shall include procedures for

  1. identifying any deficiency in the operation of the safety management system;
  2. investigating and analyzing the root cause and contributing factors of any deficiency identified by the review; and
  3. ensuring that corrective actions are effective and are used on an ongoing basis to improve the safety management system.

(4) A review conducted under paragraph (2)(c) shall be a complete review.

(5) No private operator shall assign a duty relating to a review of the safety management system to a person who is responsible for carrying out a task or an activity that is the subject of the review unless

  1. owing to the size, nature and complexity of the private operator’s operations and activities, it is impracticable to assign the duty to a person who is not responsible for carrying out the task or activity;
  2. based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and
  3. the integrity of the review of the safety management system will not be compromised.

Duties of Private Operator — Review

604.208 The private operator shall

  1. conduct the review of the safety management system under section 604.207;
  2. determine what corrective actions are necessary to address any deficiency identified by the review, and carry out those actions;
  3. keep a record of any determination made under paragraph (b) and the reason for it; and
  4. if the private operator has assigned management functions to another person, provide that person with a copy of that record.

APPENDIX B

NOTE: A reference to the term “Regulations” in this Appendix is a reference to a provision of the Canadian Aviation Regulations currently in force.

Safety Features Card and Maintenance Requirements

Safety Features Card

A private operator shall, before the safety briefing referred to in subsection 604.85(1) of the Regulations, provide each passenger at his or her seat with a safety features card that shows the type of aircraft and that contains only safety information in respect of the aircraft, including

  1. when and where smoking is prohibited;
  2. when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;
  3. when and where carry-on baggage is to be stowed;
  4. the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing;
  5. the location and operation of the passenger oxygen system, if any, including
    1. the location of the masks and a description of their use,
    2. the actions to be performed by the passenger in order to
      1. obtain a mask,
      2. activate the flow of oxygen, and
      3. don and secure the mask, and
    3. the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask;
  6. the location of first aid kits;
  7. the location of hand-held fire extinguishers that are accessible to passengers;
  8. the location of emergency locator transmitters;
  9. the location of survival equipment and how to access that equipment;
  10. passenger brace positions
    1. for each type of seat and passenger restraint system, and
    2. for an adult who is holding an infant;
  11. the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of aircraft configuration;
  12. the safest route for passengers to take in order to move away from the aircraft in the event of an emergency;
  13. the attitude of the aircraft while floating, as determined by the aircraft manufacturer;
  14. the location of life preservers, how to remove them from their packaging, how they are to be donned — by adults, by children aged two years or older and by infants — and when to inflate them;
  15. the location, removal and use of flotation devices and of life rafts, if any; and
  16. the form, function, colour and location of the floor proximity emergency escape path markings, if any.

Maintenance Requirements

Duties of a Private Operator

604.10 (1) A private operator shall

  1. appoint (…) a maintenance manager;
  2. ensure that no person is appointed to a position under paragraph 604.10(1)(a) of this Appendix or remains in that position if, at the time of the person’s appointment or during their tenure, the person has a record of conviction for
    1. an offence under section 7.3 of the Act, or
    2. two or more offences under the Regulations or this Subpart not arising from a single occurrence;
  3. provide (…) the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of the Regulations and this Subpart; and
  4. authorize the maintenance manager to remove any aircraft from operation if the removal is justified because of non-compliance with the requirements of the Regulations or this Subpart or because of a risk to the safety of the aircraft, persons or property.

(2) If the private operator holds an approved maintenance organization (AMO) certificate, the maintenance manager appointed under paragraph 604.10(1)(a) of this Appendix shall be the person responsible for maintenance appointed under paragraph 573.03(1)(a) of the Regulations.

Maintenance Manager

604.48 (1) The maintenance manager appointed under paragraph 604.10(1)(a) of this Appendix is responsible for the maintenance control system.

(2) The maintenance manager may assign to another person management functions for specific maintenance control activities if the operations manual contains the following:

  1. a description of those functions; and
  2. a list of any persons, identified either by name or by position, to whom those functions may be assigned.

(3) The maintenance manager shall remove an aircraft from operation if the removal is justified because of non-compliance with the requirements of the Regulations or this Subpart or because of a risk to the safety of the aircraft, persons or property.

Maintenance Control System

604.49 A private operator shall establish, in respect of its aircraft, a maintenance control system that includes the following:

  1. procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V of the Regulations are used in the performance of maintenance, elementary work and servicing, including
    1. the details of part pooling arrangements, if any, that have been entered into by the private operator, and
    2. procedures used for the inspection and storage of incoming parts and materials;
  2. if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c) of the Regulations, the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work;
  3. procedures to record the servicing performed in respect of an aircraft;
  4. procedures to ensure that the persons who perform or request the performance of maintenance, elementary work or servicing meet the requirements of section 604.50 of this Appendix;
  5. procedures to ensure that an aircraft is not dispatched unless it is
    1. airworthy, and
    2. equipped and configured for the intended use;
  6. a description of the defect reporting and rectification procedures required by section 604.51 of this Appendix;
  7. the aircraft service information review procedures required by section 604.53 of this Appendix;
  8. procedures to ensure that the records referred to in section 604.54 of this Appendix are established, retained and provided in accordance with that section;
  9. procedures to ensure that tasks required by a maintenance schedule or by an airworthiness directive are completed within the time limits set out in Subpart 5 of Part VI of the Regulations;
  10. procedures to ensure that the aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI of the Regulations;
  11. a general description of the maintenance schedule required by paragraph 605.86(1)(a) of the Regulations and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2) of the Regulations; and
  12. procedures to ensure that the maintenance and elementary work performed in respect of an aircraft, and the defects of an aircraft, are recorded in a technical record kept under subsection 605.92(1) of the Regulations.

Maintenance, Elementary Work and Servicing

604.50 (1) No private operator shall authorize a person to perform maintenance, elementary work or servicing on its aircraft unless

  1. the person is an employee of the private operator and
    1. has received training in the performance rules set out in section 571.02 of the Regulations, the recording requirements set out in section 571.03 of the Regulations and the record-keeping requirements set out in section 605.92 of the Regulations, and
    2. in the case of elementary work, has performed that work under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or
  2. the person is authorized to do so under an agreement.

(2) The agreement referred to in paragraph (1)(b) shall

  1. be in writing;
  2. describe the maintenance, elementary work or servicing to be performed, including the specific tasks and activities and the conditions under which they are to be performed; and
  3. provide that the private operator is responsible for ensuring that the maintenance, elementary work or servicing is performed.

Defect Reporting and Rectification

604.51 A private operator shall establish procedures to ensure that

  1. the defects of an aircraft are recorded in accordance with subsection 605.94(1) of the Regulations;
  2. the defects of an aircraft are rectified in accordance with the requirements of Subpart 71 of Part V of the Regulations;
  3. the defects of an aircraft that recur three times within 15 flights are identified and are reported as recurring defects to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification;
  4. aircraft defects the rectification of which is deferred under section 605.09 or 605.10 of the Regulations are scheduled for rectification; and
  5. the rectification of a recurring defect takes into account the methodology used in previous repair attempts.

Service Difficulty Reporting

604.52 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V of the Regulations, any service difficulty related to the aircraft that it operates under this Subpart.

Aircraft Service Information Review

604.53 A private operator shall establish procedures to ensure that

  1. it is aware of the aircraft service information that the manufacturer produces in respect of the aeronautical products used by the private operator;
  2. the aircraft service information is assessed and the results of this assessment are dated and signed by the maintenance manager and retained for six years; and
  3. the maintenance schedule or other procedure is, if necessary, amended in response to the assessment.

Personnel Records

604.54 A private operator shall establish, for each person who performs maintenance, elementary work or servicing on its aircraft, a record of the following, and shall retain the record for two years after the day on which an entry is made:

  1. whether the person is authorized under section 571.11 of the Regulations to sign a maintenance release as required by section 571.10 of the Regulations; and
  2. whether the person has performed elementary work in accordance with subparagraph 604.50(1)(a)(ii) of this Appendix.

APPENDIX C

Canadian Business Aviation Association Private Operator Certificate Program Manual - Business Aviation Operational Safety Standards (BAOSS)

**Private Operators shall comply only with the specific Business Aviation Operational Safety Standards (BAOSS) requirements specified in conditions 3, 4, 5, 6 and 7 to this exemption that are contained in the document entitled Canadian Business Aviation Association Private Operator Certificate Program Manual Revision 3 (26 June 2009).

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