Foreign Air Operator Certification Manual - TP 11524

From: Transport Canada

Foreign Air Operator Certification Manual
(PDF, 1.3 MB)

 

Table of Contents

Chapter 1 – Introduction

1.1 Introduction

  • (1) All foreign air operators operating either an air transport service, a code share only service, or a specialty air service under a free trade agreement, shall operate that service under the terms and conditions of a Foreign Air Operator Certificate (FAOC) issued by the Minister as follows:
    • (a) Air Transport Service:
      1. Pursuant to Section 701.01 of the CARs, all foreign air operators operating an air transport service in Canada shall operate that service in accordance with Article 1 of the ICAO Convention, each member state recognizes the other members’ right to regulate aircraft that operate in their airspace. Consequently, the foreign air operator must comply, where applicable, with the Aeronautics Act and the CARs when operating in Canada or in Canadian-controlled or Canadian-mandated airspace. In addition, holders of an FAOC for an air transport service shall adhere to and comply with:
        • 1. ICAO SARPs; and
        • 2. Conditions as listed on the FAOC.
      2. Conditions as listed on the FAOC
    • (b) Codes Share Only Service:
      1. Pursuant to the Special Conditions as listed on the FAOC – Code Share Arrangement.
    • (c) Specialty Air Service:
      1. Pursuant to an exemption to section 700.03 of the CARs, a person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a specialty air service in Canada in accordance with the Canada-United States-Mexico Agreement (CUSMA) shall operate that service under the terms and conditions of an FAOC-FTA issued by the Minister and shall comply with the Aeronautics Act and the Canadian Aviation Regulations while operating in Canadian controlled airspace.
  • (2) The functional head for the certification and safety oversight of foreign air operators is the Director General, Civil Aviation (AAR). The operational specialist is the Chief, Foreign Operations Division (AAROF), who is responsible for the organization, delivery and administration of the program, as well as the risk management processes upon which certification approval and safety oversight activities are based.

1.2 Purpose

  • (1) This manual outlines Transport Canada Civil Aviation (TCCA) policies and procedures for the certification of foreign air operators. It provides guidance to TC personnel whose duties involve certification of foreign air operators. Because of the wide scope of operations involved and the many variables that can be encountered, it is impossible to anticipate all exigencies; therefore, TC personnel must exercise common sense and good judgement in all circumstances.

1.3 Application

  • (1) This manual applies to the initial issuance and amendments of Foreign Air Operator Certificates for the following entities:
    • (a) all foreign air operators conducting an air transport service to and from Canada;
    • (b) all foreign operators conducting code share only operations where the operator does not operate their own aircraft to and from Canada;
    • (c) all foreign air operators conducting specialty air services under the jurisdiction of the Canada-United States-Mexico Agreement or the Trans Pacific Partnership;
  • (2) This Manual does not apply to the following:
    • (a) Foreign operators wishing to conduct air transport services who hold only an FAA Part 125 Certificate.
    • (b) FAA Part 91 Operator Letters of Authorization. These will not be accepted in support of an application for Specific Approvals.
    • (c) Foreign operators wishing to conduct aerial work not associated with CUSMA or TPP. These requests must be sent to the applicable Transport Canada region where the service is proposed to be provided.

1.4 Description of Changes

  • (1) This document has been extensively edited and reformatted since the issuance of version 1 of this document; changes occur throughout this new version.

1.5 References

  • (1) It is intended that the following references be used in conjunction with this manual:
    • (a) Aeronautics Act (R.S.C., 1985, c. A-2)
    • (b) Canadian Aviation Regulations (CARs) and associated Standards as follows:
      1. CAR Subpart 103 – Administration and Compliance
      2. CAR Subpart 104 – Charges
      3. CAR Subpart 602 – Operating and Flight Rules
      4. CAR Subpart 605 – Aircraft Requirements
      5. CAR Subpart 606 – Insurance Requirements
      6. CAR Subpart 700 – Commercial Air Services – General
      7. CAR Subpart 701 – Commercial Air Services – Foreign Air Operations
    • (c) ICAO International Standards and Recommended Practices, as follows:
      1. Annex 1, Personnel Licensing
      2. Annex 6, Operation of Aircraft, Part 1 – International Commercial Air Transport
      3. Annex 8, Airworthiness of Aircraft
      4. Annex 19, Safety Management
    • (d) Transport Canada Publications, as follows:
      1. TP 14371 – Transport Canada Aeronautical Information Manual (TC AIM)
      2. TP 14052 – Guidelines for Aircraft Ground Icing Operations
    • (e) AIP Canada (ICAO) – Aeronautical Information Publication.
    • (f) Federal Aviation Administration Advisory Circular (FAA AC) 00-60B – North American Free Trade Agreement and Specialty Air Services Operations

1.6 Cancelled documents

  • (1) TP 13001 – Foreign (FTA) Air Operator Certification Procedures Manual
  • (2) By default, it is understood that the publication of a new edition of a document automatically renders any earlier editions/versions of that same document null and void.

1.7 Definitions and Abbreviations

  • (1) For the purposes of this manual, the following definitions are used:
    • (a) Air Transport Service: A commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points.
    • (b) Canadian Aviation Document: Any licence, permit, accreditation, certificate or other document issued by the Minister under Part I of the Aeronautics Act to or with respect to any person, or in respect of any aeronautical product, aerodrome, facility or service.
    • (c) Charter: In a charter of an aircraft, a portion of or the entire capacity of the aircraft is hired or purchased privately by one or more entities, which may re-sell it to the public (this occurs most frequently in non-scheduled passenger air operations, which is why they are popularly known as “charter flights”). A charter flight is a non-scheduled operation using a chartered aircraft. The situation in which the charterer is another air operator that has its own operating authority and charters the entire capacity of the aircraft, usually on short notice, is termed a sub-charter.
    • (d) Commercial Air Service: An air service provided by means of an aircraft for hire or reward as defined in subsection 3(1) of the Aeronautics Act.
    • (e) Dry lease: A lease where the aircraft is provided without crew.
    • (f) Foreign Air Operator Certificate: A Canadian Air Operator certificate issued to a person who is a citizen, permanent resident or corporation of a foreign state to authorize an international commercial air transport service to or from Canada. Specifically used for foreign air operators conducting an air transport service to or from Canada pursuant to Part VII, subpart 701 of the CARs.
    • (g) Foreign Air Operator Certificate – Code Share Arrangement: The operator certificate issued to foreign air operators who do not operate their own aircraft to and from Canada, but are contracted with a foreign or domestic air operator for the purposes of code share services on flights to and from Canada.
    • (h) Foreign Air Operator Certificate – Free Trade Agreement: The operator certificate issued to foreign air operators for the provision of specialty air services through a specialty air services Free Trade Agreement pursuant to Part VII, subpart 700 of the CARs.
      1. Operators wishing to conduct services under the Canada-United States-Mexico Agreement (CUSMA) must hold a Foreign Air Operator Certificate – Free Trade Agreement.
    • (i) Lease: A contractual arrangement whereby a properly licensed operator gains commercial control of an entire aircraft without transfer of ownership.
    • (j) Lessee: The term lessee means the party to which the aircraft is leased.
    • (k) Lessor: The term lessor means the party from which the aircraft is leased.
    • (l) Legal Entity: A sole proprietorship, partnership, corporation, or co-operative.
    • (m) Operations Specifications: The approvals, conditions and limitations associated with the operator certificate, and subject to the conditions in the operations manual.
    • (n) Specific Approval: An approval which is documented in the Operations Specifications.
    • (o) Wet lease: A lease where the aircraft is provided with crew.
  • (2) The following abbreviations are used in this document:
    • (a) CAA: The domestic Civil Aviation Authority of the foreign applicant
    • (b) CAD: Canadian Aviation Document
    • (c) CAR: Canadian Aviation Regulation
    • (d) CASS: Commercial Air Service Standard
    • (e) CBSA: Canadian Border Services Agency
    • (f) CTA: Canadian Transportation Agency
    • (g) CUSMA: Canada-United States-Mexico Agreement
    • (h) FAOC: Foreign Air Operator Certificate
    • (i) FAOC – CSA: Foreign Air Operator Certificate – Code Share Arrangement
    • (j) FAOC – FTA: Foreign Air Operator Certificate – Free Trade Agreement
    • (k) FOD: Foreign Operations Division
    • (l) FTA: Free Trade Agreement
    • (m) NAA: The national aviation authority of the foreign applicant
    • (n) NACIS: National Aviation Company Information Management System
    • (o) PBN: Performance Based Navigation
    • (p) SA: Specific Approval
    • (q) TCCA: Transport Canada Civil Aviation
    • (r) TPP: Trans Pacific Partnership

1.8 Structure of this Manual

  • (1) Chapter 1 – General – provides:
    • (a) An overview of the regulatory requirements regarding the certification of foreign air operators who intend to conduct specified commercial air services to/from or in Canada.
    • (b) Information on the types of FAOCs, their intended use and the associated service standards and fees for the issuance and amendment of FAOCs.
    • (c) General information related to; application requirements; FAOC holder notification requirements; information sources for operations in Canada; and, other agencies and divisions that applicants must contact prior to commencing operations to/from Canada.
  • (2) Chapter 2 – FAOC Application Process – Provides:
    • (a) A step by step description of the five phases of the certification process and what happens in each phase of the process.
    • (b) Specific information regarding the regulatory requirements that will be verified during the review of an application for each type of FAOC.
    • (c) Specific guidance on the documentation required to demonstrate compliance with required regulations and standards.
  • (3) Chapter 3 – Operations Specifications – Provides:
    • (a) Information regarding the operations specifications that are available to foreign air operators on their FAOC and the requirements for the issuance of these operations specifications.
  • (4) Chapter 4 – Certificate Management – Provides:
    • (a) Guidance and information regarding activities associated with the maintenance, cancellation, suspension or revocation of an FAOC.
  • (5) Chapter 5 – Exemptions
    • (a) Provides guidance and information related to the exemption process.

1.9 Risk Management

  • (1) Transport Canada Civil Aviation (TCCA) uses a risk management framework throughout the FAOC initial application and amendment process to ensure that potential safety risks are identified and adequately addressed prior to the issuance of an initial FAOC or an FAOC amendment.
  • (2) The risk assessment process will consider the following safety indicators to identify risks that will either be removed or mitigated to an acceptable level:
    • (a) The state of the applicant is not a signatory to the ICAO Convention;
    • (b) The applicant is subject to a safety related operating ban, or is on a safety related priority list by other aviation authorities;
    • (c) The applicant’s inability to demonstrate compliance with ICAO and CAR requirements; and/or
    • (d) The applicant’s safety record.
  • (3) Where risks to safety are identified, as a part of the risk management process, TCCA may take any or all of the following steps in an attempt to remove or mitigate safety risks:
    • (a) Complete a review of the applicants proposed operation, through an enhanced application process, to confirm the applicant’s ability to comply with ICAO and CAR requirements and operate safely.
    • (b) Conduct direct meetings with the applicant and their operational personnel to acquire additional information regarding the proposed operation and risk mitigation strategies.
    • (c) Conduct on-sight inspections of the applicants operations.
  • (4) TCCA will not issue an initial FAOC, or FAOC amendment, until all identified safety risks have been removed or adequately mitigated.

1.10 Types of Foreign Air Operator Certificates (FAOCs)

1.10.1 General

  • (1) There are three types of FAOCs for the provision of commercial air services as follows:
    • (a) Air Transport Service – FAOC
    • (b) Code Share Only service – FAOC – Code Share Agreement (CSA)
    • (c) Specialty Air Services under a Free Trade Agreement – FAOC – Free Trade Agreement (FTA)

1.10.2 FAOC

  • (1) This type of FAOC is issued to foreign air operators conducting an air transport service for the purposes of transporting passengers and/or cargo to and from Canada.

1.10.3 FAOC – Code Share Arrangement (CSA)

  • (1) This type of FAOC is issued to foreign air operators who do not operate their own aircraft to and from Canada, but are contracted with a foreign or domestic air operator for the purposes of code share services on flights to and from Canada.

1.10.4 FAOC – Free Trade Agreement (FTA)

  • (1) This type of FAOC is issued to foreign air operators who, under the authority of a free trade agreement, are conducting one or more types of air service.
    • (a) The Canada-United States-Mexico Agreement (CUSMA) currently lists the following specialty air services:
      1. Aerial Advertising. The operation of an aircraft for the purpose of skywriting, banner towing, displaying airborne signs, dispensing leaflets, and making public address announcements.
      2. Aerial Construction. The operation of a helicopter for the purpose of conducting external-load operations in support of construction, hoisting of utilities, power line construction, and erecting special purpose towers.
      3. Aerial Inspection or Surveillance. The operation of an aircraft for the purpose of conducting aerial observations and patrols of surface events and objects.
      4. Aerial Mapping. The operation of an aircraft for the purpose of mapping by means of a camera or other measuring and recording devices.
      5. Aerial Sightseeing. The operation of an aircraft for the purpose of providing recreation to passengers that originates and terminates at the same airport or the same aerodrome.
      6. Aerial Spraying. The operation of an aircraft for the dispersal of products for the benefit of agriculture, horticulture, public health, or forestry. This does not include the dispensing of live insects.
      7. Aerial Photography. The operation of an aircraft for the purpose of taking photographs or recording information by means of a camera or other measuring and recording devices.
      8. Aerial Surveying. The operation of an aircraft for the purpose of surveying by means of a camera or other measuring and recording devices.
      9. Fire-fighting. The operation of an aircraft for the purpose of dispensing water, chemicals, and fire retardants intended for suppressing a fire. This includes the carrying of firefighters from base camp to base camp or base camp to the work zone.
      10. Flight Training. Training provided by certificated flight schools and flight training operators who follow an approved ground and flight syllabus, which permits students to meet all certification requirements for obtaining an airman certificate or rating; also operational training provided by SAS operators.
      11. Forest Fire Management. The operation of an aircraft for the purpose of fire detection and controls as well as dispensing any substance intended for forest fire suppression and prevention. This includes carrying firefighters, fire bosses, and/or managers from the base camp into the fire area or the actual fire site as well as within the same work zone.
      12. Glider Towing. The towing of a glider by a powered aircraft equipped with a tow hitch.
      13. Heli-Logging. The operation of a helicopter for the purpose of transporting timber suspended from the fuselage.
      14. Parachute Jumping. The operation of an aircraft for the purpose of allowing a person to descend from that aircraft in flight using a parachute during all or part of that descent.

1.11 Types of Applications

  • (1) The process used for the issuance and amendment of an FAOC is dependent upon the state of the operator and the type of FAOC being requested. There are five distinct types of applications, which are as follows:
    • (a) Air Transport Service – Non-US Applicant
    • (b) Air Transport Service – US Applicant
    • (c) Air Transport Service – Code Share Arrangement
    • (d) Specialty Air Services – Free Trade Agreement – CUSMA
    • (e) Specialty Air Services – Free Trade Agreement – TPP

1.12 FAOC Application Submission Format

  • (1) Application submissions are to be delivered to Transport Canada in an electronic format. Due to the large size of some files it may not be possible to send them via email. Should this be the case, contact the FOD for instructions regarding the transfer of large files.

1.13 Document Translation Requirements

  • (1) All documents must be submitted in either French or English. Where translation from another language is necessary, the applicant must attest as to the accuracy of the translation.

1.14 FAOC Validity Period

  • (1) The validity period of an FAOC is dependent upon the type of FAOC which is held as follows:
    • (a) FAOC for an Air Transport Service. This certificate does not have an expiration date. It is valid as long as the issuance conditions of the certificate are met.
    • (b) FAOC – Code Share Arrangement. This certificate does not have an expiration date. It is valid as long as the issuance conditions of the certificate are met.
    • (c) FAOC – Free Trade Agreement. This certificate is valid for up to one year unless suspended, surrendered or revoked providing the holder continues to comply with all conditions of issuance. The validity period will be based on dates contained in the validation documentation provided by the applicants Civil Aviation Authority.

1.15 Leased Aircraft – FAOC Requirements

1.15.1 Dry Lease Arrangements

  • (1) Where an operator plans to use an aircraft that is registered in a state other than the state of the operator, the applicant shall provide TC with the following documents:
    • (a) A copy of the “dry lease” agreement.
    • (b) If applicable, a copy of any ICAO Article 83 bis surveillance agreements that relate to any of the aircraft types intended to be operated to and from Canada.
    • (c) If applicable, a letter indicating any responsibilities held by the CAA of the State of Registry that have been transferred to the CAA of the State of the operator.

1.15.2 Wet Lease Arrangements

  • (1) Where an operator plans to use wet leased aircraft for the provision of an air transport service to/from Canada, both the lessee and lessor are required to have an FAOC.
  • (2) The lessee does not require the aircraft type on their FAOC.

1.16 Applicant Notification Requirements – Other Government of Canada Agencies

  • (1) In addition to the issuance of an FAOC from Transport Canada, a foreign air operator must notify and in a number of cases, receive authorization from other Federal Agencies prior to conducting the FAOC approved services. Applicants must contact these agencies directly as this is a requirement entirely separate from the process for obtaining an FAOC. It is recommended that this activity take place as soon as possible to avoid any delays in receiving the required authorizations. Current contact information for these agencies is provided with the FAOC application documentation package.
  • (2) Notification and authorization requirements for each type of service are listed below.

1.16.1 Notification and Authorization Requirements for an Air Transport Service

  • (1) All foreign air operators wishing to operate an air transport service to/from Canada, must communicate with the following agencies in order to provide the required notification and where necessary, receive the required authorization to conduct the proposed service.
1.16.1.1 Canadian Transportation Agency
  • (1) All foreign air operators wishing to conduct an air transport service within Canada or to/from Canada, or a code share only service, must obtain a licence from the Canadian Transportation Agency (CTA).
1.16.1.2 Canadian Border Services Agency
  • (1) Foreign air operators wishing to conduct an air transport service must contact the Canada Border Services Agency (CBSA) regarding their obligations for the transport of passengers and/or cargo to Canada. Carriers are required to provide advance information electronically to the CBSA regarding all goods on board (whether or not company owned); and all passengers and crew on board (including crew/personnel of another air carrier).
  • (2) In addition, air transport service providers have obligations under the Immigration and Refugee Protection Act and Regulations and may be required to provide a security deposit.
1.16.1.3 Transport Canada Aviation Security
  • (1) Foreign air operator certificate holders conducting an air transport service are required to comply with the Canadian Aviation Security Regulations 2012, and the Identity Screening Regulations, when conducting operations to Canada. Applicants must contact the Transport Canada Aviation Security Division directly for information regarding these requirements.
1.16.1.4 Agriculture and Agri-Food Canada
  • (1) Foreign air operator certificate holders conducting an air transport service, transporting livestock or fowl, must advise Agriculture and Agri-Food Canada at least five days in advance of the flight.

1.16.2 Notification and Authorization Requirements for Code Share Arrangement

  • (1) All foreign air operators wishing to conduct a code share only service to/from Canada must obtain a licence from the Canadian Transportation Agency (CTA) of Canada.

1.16.3 Notification and Authorization Requirements for Specialty Air Services under a Free Trade Agreement

  • (1) All foreign air operators wishing to operate a specialty air service under the authority of a Free Trade Agreement must communicate with the following agencies in order to provide the required notification and where necessary, receive the required authorization to conduct the proposed service.
1.16.3.1 Canada Revenue Agency
  • (1) Foreign air operators conducting specialty air services under an FAOC-FTA must contact the Canada Revenue Agency before conducing specialty air services operations in Canada as they may be required to collect the taxes on behalf of the Government of Canada when conducting these services in Canada.
1.16.3.2 Customs and Immigration Canada
  • (1) Foreign air operators conducting specialty air services under an FAOC-FTA must contact Customs and Immigration Canada to ensure the flight crew members, crew members and maintenance personnel are eligible for entry for the purposes of employment. The issuance of an FAOC-FTA does not automatically confer the right to work in Canada.

1.17 FAOC Holder Notification Requirements

1.17.1 All Types of FAOC

  • (1) All holders of a Canadian FAOC must notify the Minister within 10 working days after:
    • (a) changing its legal name, its trade name, or its contact information; or,
    • (b) a change to the SMS accountable executive.

1.17.2 Holders of FAOC-FTA

  • (1) In addition to the requirements listed in 1.17.1 above, a holder of an FAOC–FTA must also contact the FOD:
    • (a) prior to commencing initial SAS operations in each geographic area as defined in the work contract;
    • (b) upon changing the type of SAS operation being conducted; and
    • (c) upon subsequent return to the original geographic area.

1.18 Transport Canada Notification – Inactive FAOC Application or Amendment Request

  • (1) Once the FOD has responded to an initial application for an FAOC, or to a request for an amendment to an existing FAOC, and is awaiting a response from the applicant, the following advisory processes will apply:
    • (a) If there is no response after 90 days, the Foreign Inspection Division will send a reminder to the applicant; and
    • (b) If there is no response after 180 days (including the above 90), the application file will be closed. Should the applicant choose to reapply, it will be considered a new application.

1.19 FAOC Amendment Requirements

1.19.1 General

  • (1) A foreign air operator holding a Canadian FAOC will be required to amend the FAOC for any of the following reasons:
    • (a) A change in legal name or trade name;
    • (b) A change in contact information;
    • (c) Aircraft addition or removal;
    • (d) Addition or removal of Operations Specifications or Specific Approvals;
    • (e) Amendment to the type of service being provided; and/or,
    • (f) Change to the main base of operations.

    Note: Foreign air operators are required by regulation to notify the FOD within 10 working days after either a) or b) above.

  • (2) Changes in name, or ownership involving partnerships or corporations can be particularly complex. Due to the complexity of these issues the FOD will assess each submission individually by employing a risk-based approach to analyse the likelihood of the operator being able to continue operations safely under these new circumstances. The following general guidance is provided to assist FAOC holders in determining whether an FAOC can be amended or if a new FAOC is required.

1.19.2 Change of Legal Name

  • (1) If an operator changes their legal name, while not undergoing any other change in ownership or organizational structure, the operator can apply for an amendment to change the legal name on their certificate.
  • (2) The operator will have to supply supporting documentation to substantiate that this name change has been officially recognized by the jurisdiction responsible for their name registration.
  • (3) The associated RDIMS file for the operator, along with the certificate number, will remain the same, so as to preserve the record of the operator's interactions with TCCA. Should the operator not be able to substantiate that a legal name change has occurred, then TCCA would require the operator to put in an application for an initial certificate should they wish to pursue obtaining a certificate under this different legal entity name.

1.19.3 Change of Ownership

  • (1) A legal entity, by definition, is one of the following:
    • (a) a sole proprietorship;
    • (b) a partnership;
    • (c) a corporation; or
    • (d) a co-operative.
  • (2) An operator certificate is given to a specific legal entity, and is not transferrable to another legal entity.

    Note: The exception to this requirement would be if the legal entity that holds the certificate becomes part of a new legal entity, remaining with equal or greater control of that new legal entity, and no substantial aspects of the original operation have changed. Then, the certificate may be transferred (i.e.; effectively, this will be similar to a name change).

  • (3) An operator certificate may be issued to two or more legal entities that constitute a partnership.
  • (4) A change requiring the removal of an original legal entity from a certificate, and the addition of a new legal entity that is not associated in any substantive way with the previous legal entity, will require an application for an initial issue of an operator certificate.

    Note: The exception to this requirement occurs in partnerships, where one partner leaves the partnership and is replaced by a new and wholly unassociated partner; with this case, an original partner remains with the operation, and has equal or greater control of that operation (i.e.; in effect, nothing substantial has changed in the operation).

  • (5) Common situations where an ownership change has occurred can be categorized as follows:
    • (a) A legal entity changes, but no significant change to the operation occurs.
    • (b) A legal entity completes the acquisition of shares of an unrelated corporation.
    • (c) An amalgamation of two or more legal entities occurs.
    • (d) A legal entity completes the purchase of assets of another legal entity.

1.20 Fees & Service Standards

  • (1) Service standards have been developed to advise applicants how long it may take for Transport Canada Civil Aviation (TCCA) to complete an application. Service Standards and fee schedules are published in TP 14984 – Transport Canada Civil Aviation Service Standards. TP 14984 is available on-line at:

    https://tc.canada.ca/en/aviation/publications/transport-canada-civil-aviation-service-standards-activities-without-charges-tp-14984

  • (2) Application fees and processing times are dependent upon the complexity of the application.
  • (3) If an application requires a foreign flight authority validation, an additional fee will be required for each aircraft requiring the validation.
  • (4) Specific guidance regarding the fee payment process will be provided by the FOD when providing the applicant with FAOC application documentation package.
  • (5) It is important to note the service standards identified are only applicable when the application is complete and all required documentation and applicable fees have been submitted. Submissions that do not conform to regulatory requirements or are otherwise incomplete may result in delays beyond the published service standards.

1.21 Information and Guidance on Operations to Canada

1.21.1 General

1.21.2 Low Visibility / Reduced Visibility Operations

  • (1) The Canadian Aviation Regulations provide direction on low visibility operations. Some Canadian aerodromes have developed a specific Low Visibility Operations Plan (LVOP) and/or a Reduced Visibility Operations Plan (RVOP). Information related to these plans can be found in the Canadian Flight Supplement.
  • (2) A copy of the Canadian Flight Supplement can be obtained from NAV CANADA at:

    www.navcanada.ca

  • (3) Alternatively, your flight publications service provider should be able to provide you with the necessary information.

1.21.3 De-icing and Winter Operations

1.21.4 Canadian Runway Friction Index

  • (1) Information related to the Canadian Runway Friction Index can be found in the Transport Canada Aeronautical Information Manual, AGA – Aerodromes, 1.1.5 Contaminated Runway Operations and AIR – Airmanship, 1.6 Canadian Runway Friction Index.

1.21.5 Other sources of Information

  • (1) The NAV CANADA website provides a wealth of information that may be of benefit to an air operator as they plan and conduct flights to and from Canada. Visit www.navcanada.ca for more details.

Chapter 2 – FAOC Application Process

2.1 General

  • (1) The application process for the initial issuance and amendment of an FAOC is conducted in 5 phases as follows:
    • (a) Phase 1 – Pre-Application
    • (b) Phase 2 – Formal Application
    • (c) Phase 3 – Document Evaluation
    • (d) Phase 4 – Demonstration and Inspection
    • (e) Phase 5 – Certification
  • (2) The steps within each phase are described below.

2.2 Phase 1 – Pre-Application

  • (1) The pre-application phase commences when a request is received from an applicant and consists of the following steps:
    • (a) The FOD provides information to the applicant regarding general application requirements and, where required, requests additional information from the applicant to assist with determining the type of application and the applicant’s documentation submission requirements.
    • (b) The applicant, if required, provides the requested information.
    • (c) The FOD reviews the submitted documentation and conducts a risk assessment to determine the level of review required for the application process.
    • (d) The FOD provides the applicant with the appropriate application package.
    • (e) For applications regarding the provision of an air transport service there are four types of applications:
      1. Applicants of a member state of ICAO other than the United States. Application documentation requirements are listed at Annex A.
      2. Applicants from the United States. Application documentation requirements are listed at Annex B. This Annex identifies the required documentation using Federal Aviation Administration (FAA) terminology.
      3. Applicants for a Code Share Arrangement. Application documentation requirements are listed at Annex C.
      4. Applicants from a state that is not a member state of ICAO. The application documentation requirements will be determined on a case-by-case basis.
    • (f) For applications related to the provision of specialty air services there are two types of applications:
      1. Specialty air services provided under the jurisdiction of the Canada-United States-Mexico Agreement. Application documentation requirements are listed at Annex D.
      2. Specialty air services provided under the jurisdiction of the Trans Pacific Partnership. Application documentation requirements are listed at Annex E.

2.3 Phase 2 – Formal Application

  • (1) The formal application phase commences when a complete application has been received from the applicant and the required application fee has been paid. Phase 2 consists of the following steps:
    • (a) The FOD confirms application fees have been paid.
    • (b) The FOD completes an initial review of the submitted application to determine if all requested documentation has been received.
    • (c) Where a complete submission is received the review process will move to phase 3, Document Evaluation.
    • (d) Where it is determined that the application is incomplete, or inadequate information has been provided, the applicant will be advised. No further review will take place until the required documentation is received. Be advised that application review times do not include time spent waiting for documents, forms and applications that must be provided by applicants in order for TCCA to provide the service. Each resubmission re-starts the service standard review time.

2.4 Phase 3 – Document Evaluation

2.4.1 General

  • (1) The document evaluation phase commences once the initial review of the application has determined that all requested documentation has been received from the applicant.
  • (2) Should it be determined during the detailed application review that there is missing or inadequate information in the submission, the review will be stopped and the applicant will be advised.

    Note: Application review times do not include time spent waiting for documents, forms and applications that must be provided by applicant in order for the FOD to provide the service. Each resubmission re-starts the service standard review time.

  • (3) There are three distinct document evaluation processes for the following types of applications:
    • (a) Air Transport Service
    • (b) Code Share Arrangement
    • (c) Specialty Air Services
  • (4) The details for each type of evaluation process are described below.

2.4.2 Document Evaluation – Air Transport Service

  • (1) Phase 3 of an application for an air transport service consists of the following steps:
    • (a) The FOD completes a detailed review of the application to confirm that the proposed air transport service will be conducted safely and meets the following applicable requirements:
      1. ICAO International Standards and Recommended Practices, as follows:
        1. Annex 1, Personnel Licensing
        2. Annex 6, Part 1, International Commercial Air Transport – Aeroplanes
        3. Annex 6, Part III, International Operations — Helicopters
        4. Annex 8, Airworthiness of Aircraft
        5. Annex 19, Safety Management
      2. Canadian Aviation Regulations (CARs), as follows:
        1. CAR Subpart 602 – Operating and Flight Rules
        2. CAR Subpart 605 – Aircraft Requirements
        3. CAR Subpart 700 – Commercial Air Services – General
        4. CAR Subpart 701 – Commercial Air Services – Foreign Air Operations
    • (b) The applicant will be contacted by the FOD during the evaluation process should any additional information be required to verify that regulatory requirements have been met.
  • (2) Once the detailed evaluation is completed and it is confirmed that all regulatory requirements have been met, the evaluation process will move directly to phase 5, unless, it is determined that a demonstration or inspection activity is required to address any outstanding safety issues. Should a demonstration or inspection activity be required the process will proceed to phase 4, Demonstration and Inspection.

2.4.3 Document Evaluation – Code Share Arrangement

  • (1) Phase 3 of an application for a code share arrangement consists of the following steps:
    • (a) The FOD completes a detailed evaluation of the application to confirm that the proposed air transport service will be conducted safely and meets the requirements of ICAO Annex 6, Part 1, International Commercial Air Transport – Aeroplanes. As a part of this review FOD will also:
      1. Confirm that the applicant holds a valid Air Operator Certificate (AOC), issued by their National Aviation Authority, authorizing the type of service proposed for the code share operation.
      2. Confirm that the applicant has a valid International Air Transport Association (IATA) or equivalent 3rd party audit attesting to the safety of the applicants operation.
      3. Confirm with the applicant that an application has been submitted to the Canadian Transportation Agency for a Code Share authorization/licence.
    • (b) Contact the applicant during the evaluation process should any additional information be required to verify that regulatory requirements have been met.
  • (2) Once the detailed evaluation is completed and it is confirmed all regulatory requirements have been met, the evaluation process will move directly to phase 5, unless it is determined that a demonstration or inspection activity is required to address any outstanding safety issues. Should a surveillance activity be required the process will proceed to phase 4, Demonstration and Inspection.

2.4.4 Document Evaluation – Specialty Air Service

  • (1) Phase 3 of an application for specialty air services consists of the following steps:
    • (a) The FOD completes a detailed evaluation of the application to confirm that the proposed specialty air service will be conducted safely and meets the following applicable requirements:
      1. ICAO International Standards and Recommended Practices, as follows:
        1. Annex 1, Personnel Licensing
        2. Annex 8, Airworthiness of Aircraft
      2. Canadian Aviation Regulations (CARs), as follows:
        1. CAR Subpart 602 – Operating and Flight Rules
        2. CAR Subpart 605 – Aircraft Requirements
        3. CAR Subpart 606 – Insurance Requirements
        4. CAR Subpart 700 – Commercial Air Services – General
      3. Any safety requirements as stated in the applicable Free Trade Agreement.
    • (b) This activity will include an evaluation of the application to confirm the following specific requirements have been adequately addressed:
      1. The applicants CAA has authorized the service(s) that applicant is proposing to provide.
      2. The aircraft proposed for the operation are appropriately certified;
      3. Appropriate maintenance and inspection programs are in place and the name of an appropriately approved maintenance organization and AMO number has been provided; and
      4. Pilots proposed to be used to provide the requested services are properly qualified.
    • (c) The FOD will contact the applicant during the evaluation process should any additional information be required to verify that regulatory requirements have been met.
  • (2) Once the detailed evaluation is completed and it is confirmed all regulatory requirements have been met, the evaluation process will move directly to phase 5.

2.5 Phase 4 – Demonstration and Inspection

  • (1) Where outstanding safety issues cannot be satisfactorily addressed during the Document Evaluation phase, a demonstration or inspection activity may be initiated. Examples of when demonstration or inspection activities are considered to be warranted are as follows:
    • (a) the state of the operator is not a signatory to the ICAO Convention;
    • (b) the documentation review indicates that the applicant does not meet applicable ICAO and CARs standards for the service(s) to be provided;
    • (c) there is reason to suspect the competency or regulatory compliance of the applicant; or
    • (d) the inspections are deemed necessary by the Minister.
  • (2) Demonstration and inspection activities normally cover the areas of airworthiness, cabin safety and flight operations.
  • (3) Any one, or all of the following activities may be undertaken:
    • (a) Activity 1 – Additional documentation review – The FOD will request additional documentation from the applicant to assist in addressing outstanding safety issues.
    • (b) Activity 2 – Meetings with the operator – The FOD will meet with the applicant’s senior staff and technical experts via teleconference(s) or face-to-face meeting(s) in an attempt to address outstanding safety issues.
    • (c) Activity 3 – On-site inspections – FOD inspectors will conduct onsite inspection activities which can include, but are not limited to, base inspections, aircraft inspections and/or inflight inspections.
  • (4) Where an on-site demonstration or inspection is required, it will be carried out with prior notice to the appropriate CAA, and may include a consultation visit to that CAA.
  • (5) Any demonstration and inspection activities that incur costs to TCCA will be carried out on a cost recovery basis, meaning that the applicant will be responsible for all costs associated with the activity. To this end, a signed Cost Recovery Agreement, between the applicant and Transport Canada, will be required before any demonstration or inspection activities take place.

2.6 Phase 5 – Certification

  • (1) Phase 5 – Certification issuance starts once the operational review of the application and associated documentation is completed and all safety and regulatory requirements have been addressed.
  • (2) Phase 5 consists of the following steps:
    • (a) The FOD Certification Team Lead completes a final review of the application to confirm it is complete and all required safety and regulatory items have been addressed.
    • (b) The FOD Certification Officer will populate/update the National Aviation Company Information System (NACIS) with the applicant’s data and prepares a draft FAOC.
    • (c) In the case of an air transport service, the FOD Certification Team Lead will confirm with Transport Canada Aviation Security that there are no outstanding issues which would preclude issuance of the FAOC.
    • (d) In the case of a code share only service, the FOD Certification Team Lead will confirm that a Canadian Transportation Agency decision supporting the proposed code share service has been made.
    • (e) The FOD Certification Team Lead reviews the draft FAOC and approves it in NACIS.
    • (f) Once the FAOC is approved, a PDF copy of the certificate is created.
    • (g) A copy of the FAOC is sent to the applicant and where the FAOC is for an air transport or code share service, a copy of the FAOC is provided to the Canadian Transportation Agency.

Chapter 3 – Operations Specifications

3.1 General

  • (1) The Canadian Aviation Regulations (CARs) and Transport Canada policy require that the following Specific Approvals (SAs) be issued on Operations Specifications to a foreign air operator on their FAOC, where appropriate and required:
    • (a) 701.08 (g)(i) – Restricted Instrument Procedures
    • (b) 701.08 (g)(vi) – Dangerous Goods
    • (c) 701.08 (g)(vi) – Minimum Crew Without A Second In Command
    • (d) 701.08 (g)(vi) – Required Navigation Performance – Authorization Required (RNP AR)
    • (e) CAR 701.16 – Extended Range Twin-engined Operations
    • (f) CAR 701.17 – Canadian Minimum Navigation Performance Specifications (CMNPS)
    • (g) CAR 701.17 – North Atlantic Minimum Navigation Performance Specifications (NAT- MNPS)

      Note: The NAT-MNPS airspace has been revised and renamed; the airspace is now called North Atlantic High Level Airspace, and is represented by the acronym NAT-HLA. This change has been incorporated into the associated Specific Approval.

    • (h) CAR 701.18 – Routes in Uncontrolled Airspace
    • (i) CAR 701.19 – No Alternate Aerodrome – IFR Flight
    • (j) CAR 701.20 – Take-off Minima
    • (k) CAR 701.21 – Landing Minima
    • (l) CAR 701.22 – Transport of Passengers in Single-engined Aircraft
  • (2) Before a foreign air operator can undertake any of the above listed activities, authorization in the form of an Operations Specification is required on their FAOC.
  • (3) The issuance of any of the above operations specifications is contingent upon the following:
    • (a) The foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator to conduct the requested activity;
    • (b) The foreign air operator’s adherence to specific conditions as specified in the Operations Specification.

Chapter 4 – Certificate Management

4.1 General

  • (1) Once an FAOC has been issued there are a number of certificate management activities that the certificate holder is responsible for in order to maintain the validity of the certificate. The primary form of certificate management is through the FAOC holder’s responsibility to ensure that the information on the FAOC is valid and that any required changes are actioned in a timely manner through the FAOC amendment process.

    Note: In order for an FAOC to be valid, the foreign air operator shall have a valid air operator certificate or equivalent document issued by the state of the foreign air operator.

  • (2) The following information details other aspects of certificate management that the holder of an FAOC may encounter.

4.2 Procedures for Certificate Change

4.2.1 Superseded Documents

  • (1) In the case of certificates which have been superseded, the operator will be advised that they must destroy any paper copies of the superseded documents. Where the document has been issued in an electronic format, the superseded version of the document shall be either deleted, or be appropriately annotated to indicate that it is no longer valid.

4.2.2 Mutilated, Lost or Destroyed Certificates

  • (1) A request for reissuance of a certificate that was declared mutilated, lost or destroyed shall only be actioned if the operator provides a written declaration that the document was mutilated, lost or destroyed.
  • (2) The TCCA staff member tasked with generating the replacement certificate from NACIS will send it to the operator electronically, in PDF format.
  • (3) Refer to item 2, Schedule I, General of Section 104.01 of the CARs, for the replacement charge for a mutilated, lost or destroyed Canadian Aviation Document.

4.3 Suspension or Cancellation of a Certificate

4.3.1 General

  • (1) An FAOC may be suspended or cancelled for a variety of reasons either at the request of the FAOC holder or by Transport Canada.
  • (2) In circumstances where an operator requests re-instatement of their certificate, TCCA will consider the request and decide whether:
    • (a) the certificate can be re-issued, based on all documentation currently held by TCCA; or
    • (b) the operator will have to re-apply for the certificate.
  • (3) The following information provides details regarding the types of suspensions and cancellations that the holder of an FAOC should be aware of.

4.3.2 Voluntary Suspension or Cancellation

  • (1) In certain situations, an operator may wish to voluntarily surrender their FAOC for either a suspension or an outright cancellation.
  • (2) Where an operator wishes to voluntarily suspend their FAOC, a suspension period of 180 days is normally granted. Once the suspension period expires, the FAOC is returned to the operator provided that all the conditions of the FAOC are being met.
  • (3) Should the operator no longer meet the conditions required to maintain the FAOC, TCCA will take the required action to further suspend or cancel the certificate as necessary.

4.3.3 Administrative Grounds for Suspension, Cancellation or Refusal to Renew

  • (1) In accordance with CAR 103.07, the Minister may suspend, cancel or refuse to renew a Canadian aviation document (an FAOC is a CAD) where:
    • (a) the CAD has been voluntarily surrendered to the Minister by its holder;
    • (b) the CAD has been mutilated, altered, or rendered illegible;
    • (c) the aircraft in respect of which the CAD was issued has been destroyed or withdrawn from use; or
    • (d) the commercial air service, other service or undertaking in respect of which the CAD was issued has been discontinued.

4.3.4 Suspension for and Immediate Threat to Aviation Safety or Security

  • (1) Section 7 of the Aeronautics Act confers on the Minister the authority to suspend a CAD (an FAOC is a CAD) when there are grounds to believe that an immediate threat to aviation safety exists or will occur as a result of an action carried out in accordance with the privileges granted by a CAD.
  • (2) The Act recognizes the type of threat to aviation safety being addressed is transient in nature and relates to a specific safety issue. Once the immediate threat has been addressed, the suspension may be lifted, however, longer term or residual safety issues may be addressed through certificate action under the authority of section 7.1(1) of the Act. This may include cancellation of the FAOC when TCCA is of the opinion that the residual safety issues are not able to be resolved.

4.3.5 Suspension, Cancellation or Refusal to Renew on Other Grounds

  • (1) Section 7.1 of the Aeronautics Act specifies the Minister may take certificate action for safety reasons other than a situation that poses an immediate threat to aviation safety. Possible actions are the suspension, cancellation or refusal to renew a CAD (an FAOC is a CAD) for the following reasons:
    • (a) the holder of the document is incompetent;
    • (b) the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to meet the qualifications necessary for the issuance of the document or to fulfil the conditions subject to which the document was issued; or
    • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the holder of the document or of any principal of the holder, as defined in regulations made under paragraph 6.71(3)(a) of the Act, warrant it.

Chapter 5 – Exemptions

5.1 General

  • (1) Subsection 5.9(2) of the Aeronautics Act delegates to the Minister of Transport, or an officer of the Department of Transport authorized by the Minister, the power to exempt from the application of regulatory requirements made pursuant to the Aeronautics Act. An exemption from regulations is only considered in exceptional situations when a regulation cannot or ought not apply, and if certain conditions are met.
  • (2) Exemptions may be granted only after a thorough analysis is conducted to determine the impact of granting the exemption. An exemption will only be granted where, in the opinion of the Minister, the exemption is in the public interest and is not likely to affect aviation safety.
  • (3) When reviewing an exemption request Transport Canada takes the following into consideration:
    • (a) Aviation Safety
      1. Consideration shall be given to whether and how the decision pertaining to the exemption will impact the safety of the aviation transportation system and whether an equivalent level of safety can be maintained if the exemption is issued.
      2. An equivalent level of safety is established through the development of terms and conditions that will provide alternate requirements or procedures to ensure any safety concerns are satisfied and safety is not compromised.
      3. Any exemption issued under subsection 5.9(2) of the Aeronautics Act must be such that it is not likely to reduce the level of aviation safety afforded by the regulation to which the exemption applies.
    • (b) Public Interest
      1. Consideration shall be given, at a minimum, to whether the granting of the exemption is in the public interest and whether and how it will impact the efficiency of the transportation system, as well as the economic and the environmental impacts.
      2. The simple protection of a private interest will not satisfy the public interest requirement. Consideration must be given to how the exemption will impact on other members or segments of the regulated community as well as on the public at large.
  • (4) When making an application for an exemption the applicant must clearly demonstrate how the proposed exemption will meet the above aviation safety and public interest requirements.
  • (5) The fees and service standards related to an exemption request can be found in “Schedule I General”. of TP 14984 – Transport Canada Civil Aviation Service Standards. TP 14984 is available on-line at:

    https://tc.canada.ca/en/aviation/publications/transport-canada-civil-aviation-service-standards-activities-without-charges-tp-14984

5.2 Application

  • (1) This chapter applies to regulatory exemptions for the following groups:
    • (a) FAOC holders who are seeking regulatory relief from conditions of their FAOC.
    • (b) Foreign commercial air operators who do not hold an FAOC who are seeking regulatory relief from the requirement to hold an FAOC where it pertains to the provision of an air transport service.
  • (2) This chapter does not apply to foreign air operators seeking regulatory exemptions for the provision of specialty air services outside of an international free trade agreement. Exemption requests of this nature must be addressed to the regional office within Canada where the activity is proposed to take place.

5.3 Exemption Process

  • (1) A foreign air operator seeking an initial exemption, or the renewal of an existing exemption, from the Canadian Aviation Regulations shall forward their request to the FOD.
  • (2) The FOD acts as the office of primary interest and prepares the necessary documentation for the review of the exemption request.
  • (3) Once the application documentation is complete, the FOD forwards the application and supporting documentation to the Transport Canada offices responsible for the conduct of economic and environmental assessments.
  • (4) Once the economic and environmental assessments are completed, the exemption request and supporting documentation are forwarded to the Transport Canada Regulatory Affairs office where the request is reviewed and a decision is made with regard to granting, denying, or where the request is for the renewal of an exemption, cancelling the ministerial exemption.
  • (5) Where a ministerial exemption is granted, the Transport Canada Regulatory Affairs office prepares the exemption documentation for signature by the Director General, Civil Aviation. Once signed, a copy to the exemption is provided to the FOD who forwards the signed exemption to the applicant.
  • (6) Where a ministerial exemption is denied or cancelled, the FOD advises the applicant as to the decision and the reasons for the denial or cancellation.

Annex A – Document Submission Requirements – Air Transport Service – Non-U.S. Applicant

* – Indicates document not required unless specifically requested

n/a – Not Applicable

numberNo. Initial Application Basic Amendment Amendment to Add Aircraft Amendment to Change Type of Operation Amendment to Change Legal Name Submission Details

A01

 yes yes yes yes yes

Application Form – A completed copy of the appropriate application form.

  • Initial Application – Form 26-0477E
  • Amendment – Form 26-0477AE

A02

 yes yes yes yes yes

(ALA) – Agent Letter of Authorization – If using an agent, a letter of authorization for an agent to act on your behalf that also contains contact details for the agent.

A03

 yes yes yes yes yes

(AOC) – Air Operator Certificate – A copy of a valid AOC, including:

  • (A) Operations specifications, or equivalent document (certificate of competency) issued by the applicants Civil Aviation Authority (CAA).
  • (B) Authorization that includes Canada in areas of operation approved.
  • (C) For columns A, B and C, where a Canadian Specific Approval (SA) is required, but does not appear on the operator’s AOC or list of Operations Specifications, a copy of the applicable page from the Operations Manual (OM) and a copy of the OM approval page.

A04

 yes not applicablen/a yes not applicablen/a not applicablen/a

(C of A) – Certificate Of Airworthiness – A copy of a valid Certificate of Airworthiness for each aircraft type intended to be operated in Canada, and where required, a valid copy of the associated Airworthiness Review Certificate.

A05

 yes not applicablen/a yes yes not applicablen/a

(NAAP) – National Aviation Authority approval page(s) – indicating approval, as set out in ICAO Annex 6, for the following areas:

  • (A) Aerodrome Operating Minima;
  • (B) Minimum Equipment List (for each aircraft type intended to be flown to and from Canada);
  • (C) Flight Crew Member Training Programs;
  • (D) Cabin Crew Training; and
  • (E) Security Training Programs.

A06

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(CAR) – Canadian Aviation Regulations – Proof of Compliance – A copy of the Company Operations Manual pages detailing compliance with the following CAR requirements, where applicable:

  • (A) CAR 701.28 – Admission to Flight Deck
  • (B) CAR 701.25(8) – Aircraft Icing – Requirement for Crew Reporting
  • (C) CAR 602.11(7) – Aircraft Icing – De-Icing Advisory to Passengers
  • (D) CAR 701.25(1) – Aircraft Icing – Definition of “Critical Surface”

A07

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(GIOP) – Ground Icing Operations Program

  • (A) For applicants operating in accordance with EASA regulations, provide a copy of the Ground Icing Operations approval page.
  • (B) For non EASA applicants provide the following:
    1. Approval page for the ground icing program
    2. Ground icing program description of what constitutes ground icing conditions;
    3. Ground icing program procedures detailing the Captain’s requirements for, and conduct of, inspections and anti/de-icing of the aircraft prior to take-off in ground icing conditions.

A08

 yes not applicablen/a yes not applicablen/a not applicablen/a

(MS) – Maintenance Schedule – A copy of the maintenance check/inspection schedule (intervals for daily, weekly, A and B checks or equivalent). For each aircraft type intended to be operated to and from Canada.

A09

 yes not applicablen/a yes not applicablen/a not applicablen/a

(MPA) – Maintenance Program Approval – A copy of the maintenance program approval page/letter as applicable issued by the State of Registry for each aircraft type intended to be operated to and from Canada.

A10

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(SMS) – Safety Management Systems Manual

  • (A) A copy of the approval page for the operator’s SMS manual; and
  • (B) A copy of the company’s current Hazard Registry (a list of identified hazards that the company is actively monitoring and mitigating where warranted).

A11

 yes not applicablen/a yes not applicablen/a not applicablen/a

(DLA) – Dry Lease Agreement – If aircraft intended to operate to and from Canada are registered in a State other than the State of the operator, submit:

  • (A) A copy of the “dry lease” agreement.
  • (B) If applicable, a copy of any ICAO Article 83 bis surveillance agreements that relate to any of the aircraft types intended to be operated to and from Canada.
  • (C) If applicable, a letter indicating any responsibilities held by the CAA of the State of Registry that have been transferred to the CAA of the State of the operator.

A12*Note: Asterisk (*) Indicates document not required unless specifically requested. End note

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(ICAO) – ICAO Matrix – A completed copy of the ICAO Matrix, including reference and supporting documentation where requested, to demonstrate how the applicant will meet ICAO Annex 6 – Part I and Annex 19 requirements in the areas of:

  • (A) Flight Operations, Cabin Safety and Training
  • (B) Airworthiness
  • (C) Safety Management

A13*Note: Asterisk (*) Indicates document not required unless specifically requested. End note

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(NAAA) – National Aviation Authority Audit – A copy of the completed National Aviation Authority (NAA) Audit Summary or the name and contact information of the person within the national aviation authority should Transport Canada need to apply for this information.

A14*Note: Asterisk (*) Indicates document not required unless specifically requested. End note

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(TPA) – Third Party Audit

  • (A) For IATA members – The Foreign Operations Division will verify the applicants IOSA Audit status.
  • (B) For Non-IATA members – The applicant must identify the third party audit provider who conducted the audit. The Foreign Operations Division will require verification that the third party audit program addresses all applicable ICAO Standards before acceptance of the audit.

A15

 not applicablen/a not applicablen/a not applicablen/a not applicablen/a yes

(BD) – Business Documents – A copy of the appropriate company business documents, for example, Articles of Incorporation, showing the action taken to amend the legal name.

A16

 not applicablen/a not applicablen/a not applicablen/a not applicablen/a yes

(AOCP) – Air Operator Certificate – Previous Version – A copy of the previous AOC indicating the old company name.

Annex B – Document Submission Requirements – Air Transport Service – U.S. Applicant

Documentation Submission Requirements – FAOC – Air Transport Service – U.S. Applicant

Note: All FAA Operations Specifications (Ops Specs) must be signed (digital or other) by both the operator and the FAA.

n/a – Not Applicable

numberNo. Initial Application Basic Amendment Amendment to Add or Amend Aircraft or Specific Approvals (SAs) Amendment to Amend the Type of Service Amendment to Change Legal Name Submission Details

B01

 yes yes yes yes yes

Application Form – A completed copy of the appropriate application form.

  • Initial Application – Form 26-0477E
  • Amendment – Form 26-0477AE

B02

 yes yes yes yes yes

(ACC) – Air Carrier Certificate – A copy of a valid ACC

B03

 yes yes yes yes yes

(A001) – FAA Ops Spec A001 – Issuance and Applicability

B04

 yes yes yes yes yes

(A003) – FAA Ops Spec A003 – Aircraft Authorization

B05

 yes yes yes yes yes

(A004) – FAA Ops Spec A004 – Summary of Special Authorizations and Limitations

B06

 yes yes yes yes yes

(A006) – FAA Ops Spec A006 – Management Personnel

B07

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(A023) – FAA Ops Spec A023 – Use A Program During Ground Icing Conditions

B08

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(A041) – FAA Ops Spec A041 – Pre-takeoff Contamination Check or Approved Alternate Ground Deicing/Anti-Icing Procedure

B09

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(A042) FAA Ops Spec A042 – Operations Without A Deicing/Anti-Icing Procedure When Ground Icing Conditions Do Not Exist

B10

 yes yes yes yes yes

(A999) – FAA Ops Spec A999 – Air Operator Certificate

B11

 yes yes yes yes yes

(B050) – FAA Ops Spec B050 – Authorized Areas of En Route Operations, Limitations, and Provisions

  • (A) Must indicate authorization for operations in Canada.

B12

 yes yes yes yes yes

(D085) – FAA Ops Spec – D085 – Aircraft Listing

B13

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(CAR) – Canadian Aviation Regulations – Proof of Compliance – A copy of the Company Operations Manual pages detailing compliance with the following CAR requirements, where applicable:

  • (A) CAR 701.28 – Admission to Flight Deck
  • (B) CAR 701.25(8) – Aircraft Icing – Requirement for Crew Reporting
  • (C) CAR 602.11(7) – Aircraft Icing – De-Icing Advisory to Passengers
  • (D) CAR 701.25(1) – Aircraft Icing – Definition of “Critical Surface”

B14

 yes not applicablen/a not applicablen/a not applicablen/a not applicablen/a

(SMS) – Safety Management Systems Manual

  • (A) A copy of the approval page for the operator’s SMS manual; and
  • (B) A copy of the company’s current Hazard Registry (a list of identified hazards that the company is actively monitoring and mitigating where warranted).
FAA Ops Specs and associated supporting Ops Specs, where authorization for the following activities is requested:

B15

 yes not applicablen/a yes not applicablen/a not applicablen/a

(ETOPS) – The conduct of extended range twin engine operations

B16

 yes not applicablen/a yes not applicablen/a not applicablen/a

(CMNPS) – Operation in Canadian minimum navigation performance airspace

B17

 yes not applicablen/a yes not applicablen/a not applicablen/a

(RNP-AR) – Required Navigation Performance – Authorization Required

B18

 yes not applicablen/a yes not applicablen/a not applicablen/a

(NAT) – Operations in North Atlantic airspace – (NAT-MNPS and HLA)

B19

 yes not applicablen/a yes not applicablen/a not applicablen/a

(IVUA) – Operation IFR or night VFR off an established on air route in uncontrolled airspace

B20

 yes not applicablen/a yes not applicablen/a not applicablen/a

(NAI) – No Alternate IFR

B21

 yes not applicablen/a yes not applicablen/a not applicablen/a

(Low Vis) – Lower than Standard Take-off Minimums

B22

 yes not applicablen/a yes not applicablen/a not applicablen/a

(CATII) – The conduct of CAT II instrument approaches

B23

 yes not applicablen/a yes not applicablen/a not applicablen/a

(CATIII) – The conduct of CAT III instrument approaches

B24

 yes not applicablen/a yes not applicablen/a not applicablen/a

(TPSEA) – Transport of Passengers in Single-engined Aircraft

B25

 yes not applicablen/a yes not applicablen/a not applicablen/a

(MCWSC) – Minimum Crew Without A Second In Command

B26

 yes not applicablen/a yes not applicablen/a not applicablen/a

(RIP) – Restricted Instrument Procedures – The conduct of approaches published in the Restricted Canada Air Pilot.

Note: The name of the specific approach(s) must appear on the submitted FAA Ops Spec document.

B27

 yes not applicablen/a yes not applicablen/a not applicablen/a

(DG) – The transport of dangerous goods
Additional supporting documentation requirements:

B28

 not applicablen/a not applicablen/a not applicablen/a yes not applicablen/a

(BL) – Business Licence – A valid copy of the business licence issued by the DOT that indicates the approved level of service.

B29

 not applicablen/a not applicablen/a not applicablen/a not applicablen/a yes

(BD) – Business Documents – A copy of the appropriate company business documents, for example, Articles of Incorporation, showing the action taken to amend the legal name.

B30

 not applicablen/a not applicablen/a not applicablen/a not applicablen/a yes

(ACCP) – Air Carrier Certificate – Previous Version – A copy of the previous AOC indicating the old company name.

Annex C – Document Submission Requirements – Air Transport Service – Code Share Arrangement

Documentation Submission Requirements – FAOC – Code Share Arrangement

n/a – Not Applicable

numberNo. Initial Application Basic Amendment Amendment to Add or Remove Aircraft Amendment to Change Legal Name Submission Details

C01

 yes yes yes yes

Application Form – A completed copy of the Form 26-0861 application form for an initial application or amendment.

C02

 yes yes yes yes

(ALA) – Agent Letter of Authorization – If using an agent, a letter of authorization for an agent to act on your behalf that also contains contact details for the agent.

C03

 yes yes yes yes

(AOC) – Air Operator Certificate – A copy of a valid AOC, including:

  • (A) Ops Specs, or equivalent document (certificate of competency) issued by the applicants Civil Aviation Authority (CAA).
  • (B) If authorization of scheduled service operations is not included in these documents, please submit the appropriate additional supporting document to confirm scheduled service is authorized by the State of the Operator, e.g.: commercial/ business Licence, Letter(s) of Authorizations, etc.

C04

 yes not applicablen/a not applicablen/a not applicablen/a

(SMS) – Safety Management Systems Manual

  • (A) A copy of the approval page for the operator’s SMS manual; and
  • (B) A copy of the company’s current Hazard Registry (a list of identified hazards that the company is actively monitoring and mitigating where warranted).

C05

 yes not applicablen/a not applicablen/a not applicablen/a

(TPA) – Third Party Audit

  • (A) IOSA registered operators – The Foreign Operations Division may request a copy of the applicants latest IOSA Audit Report (IAR) from IATA.
  • (B) For operators not registered with IOSA – The applicant must identify the third party audit provider who conducted the audit with the proposed code share partner. The Foreign Operations Division will require verification that the third party audit program addresses all applicable ICAO Standards before acceptance of the audit.

C06

 yes not applicablen/a yes not applicablen/a

(CTAA) – Canadian Transportation Agency Application – Confirmation from the applicant that an application has been made to the Canadian Transportation Agency (CTA) for Code Share Authorization/Licence.

C07

 not applicablen/a not applicablen/a not applicablen/a yes

(AOCP) – Air Operator Certificate – Previous Version – A copy of the previous AOC indicating the old company name.

C08

 not applicablen/a not applicablen/a not applicablen/a yes

(BD) – Business Documents – A copy of the appropriate company business documents, for example, Articles of Incorporation, showing the action taken to amend the legal name.

Annex D – Document Submission Requirements – Specialty Air Services – Free Trade Agreement – CUSMA

Documentation Submission Requirements – Free Trade Agreement – CUSMA

n/a – Not Applicable

numberNo. Initial Application Basic Amendment Amendment to Add Aircraft Amendment to Add Pilots Submission Details

D01

 yes yes yes yes

Application Form – A completed copy of the 26-0509 application form for an initial application or amendment.

D02

 yes yes yes yes

National Aviation Authority – Certificate of Authorization - FTA
For US Applicants – FAA 14 CFR Part 91:

D02

 yes yes yes yes

(A001) - Waiver or Letter of Authorization – Issuance and Applicability

D03

 yes yes yes yes

(A004) - Letter of Authorization – Summary of Authorizations

D04

 yes yes yes yes

(TOC-A) - Table of Contents – Part A – for A001 and A004

D05

 yes yes yes yes

(N502) – Certificate of Authorization – for a U.S. Operator Conducting NAFTA Specialty Air Services in Canada.

D06

 yes yes yes yes

(N504) – Fire Fighting and/or Fire Management – letter of registration (if applicable).

D07

 yes yes yes yes

(TOC-N) – Table of Contents – Part N – for N502 and/or N504 as applicable.

D08

 yes not applicablen/a yes not applicablen/a

(C of A) – Certificate of Airworthiness – for each aircraft appearing on the Certificate of Authorization that will perform a Specialty Air Service in Canada.

D09

 yes not applicablen/a yes not applicablen/a

(C of R) – Certificate of Registration – for each aircraft appearing on the Certificate of Authorization that will perform a Specialty Air Service in Canada.

D10

 yes not applicablen/a yes not applicablen/a

(SAC) – Special Airworthiness Certificate – If applicable, a copy of the Special Airworthiness Certificate and the associated Operating Limitations (OL) document, ensuring the validity dates for the OL are the same as the OL validity dates that appear on the SAC, for each aircraft appearing on the Certificate of Authorization that will perform a Specialty Air Service in Canada.

D11

 yes not applicablen/a yes not applicablen/a

(CAMO) – Canadian Approved Maintenance Organization – The name, AMO number, address and telephone number of the Canadian approved maintenance organization authorized and appropriately rated to perform maintenance on the aircraft listed on the Certificate of Authorization that will perform a Specialty Air Service in Canada.

D12

 yes not applicablen/a yes not applicablen/a

(A-R) – Approvals and/or Repairs – A complete listing of all Approvals and/or Repairs (FAA 337 for applicant’s from the United States of America) for each aircraft appearing on the Certificate of Authorization that will perform a Specialty Air Service in Canada.

D13

 yes not applicablen/a yes not applicablen/a

(IMPD) – Inspection and Maintenance Program Description – A brief explanation of the inspection and maintenance program being used for each aircraft listed on the Certificate of Authorization that will perform a Specialty Air Service in Canada. (e.g. progressive, annual/100-hour intervals, or according to the manufacturer's recommended program or other approved program).

D14

 yes not applicablen/a not applicablen/a yes

(PL) – Pilot Licences – Clear copies of both sides of the appropriate pilot licence(s) for each pilot listed on the Certificate of Authorization. The spelling of these names must be the same as listed on the Certificate of Authorization and/or on the Letter of Registration.

Annex E – Document Submission Requirements – Specialty Air Services – Free Trade Agreement – TPP

Reserved

Report a problem with this page

Date modified: