Canadian Aviation Regulations (CARs)
and
Commercial Air Service Standards (CASS)
Part VII - Subpart 5
Guidance Material
Preamble
The Guidance Material provided in this publication is Transport Canada policy. It is for use by Transport Canada - Civil Aviation and the aeronautical industry. The Guidance Material is part of an evolving process in Canadian Aviation Regulations and will be developed on an ongoing basis.
Being explanatory by nature, guidance material is provided for any regulation or standard when:
1.the subject area is complex and needs a detailed explanation so that there is a consistent understanding by all constituents;
2.the words used could have multiple meanings or could be interpreted differently when used in a different context; or
3.questions have arisen regarding the interpretation or intent of the regulations or standards.
Canadian Aviation Regulation Numbering System
The Canadian Aviation Regulations provides an integrated numbering system. The following is a brief explanation of this numbering system.
Using section number 705.20 as example, we will describe the meaning of each digit:
7The first digit identifies to which Part of the Canadian Aviation Regulations this section refers. The example is showing that regulation 705.20 will be found in Part VII (Commercial Air Services).
0The second digit refers to the applicable publication and may vary as follow:
705.20is the regulation imposing the requirements for an Operational Control System and it is found in the Canadian Aviation Regulations;
725.20is the corresponding section of the Commercial Air Service Standards where the various options for Operational Control System are described;
745.20is the corresponding section of the guidance material found various aspects of the Operational control system, such as approval procedures, inspection; etc.
5The third digit identifies the subpart of the Canadian Aviation Regulations to which this section refers. The example shows that regulation 705.20 will be found in subpart 5 of Part VII (Airline Operations).
.20The two or three digits right of the dot are a unique number attributed to each individual section. Number ".20", when used in 705/725/745/765 deals with Operational Control System throughout all publications.
Guidance Material Numbering System
Guidance material may provide explanations on either publication, the Canadian Aviation Regulations (CARs - 705 numbers) or the Commercial Air Service Standards (CASS - 725 numbers).
For ease of reference, guidance material is numbered as follows:
-numbers preceded by the letter "R" provide explanation to a section of the CARs (e.g. R745.20 provides explanation on CAR 705.20);
-numbers preceded by the letter "S" provide explanation to the appropriate section of the CASS (e.g. S745.20 provides explanation on CASS 725.20); and
-numbers preceded by both letters, "R" and "S", provide explanation to both, CARs and CASS (e.g. RS745.20 provides explanation on both CAR 705.20 and CASS 725.20).
Alternate Methods of Complying with the Regulation
Where an air operator proposes a different means of conforming with a regulation or standard it will be assessed for acceptability against the following criteria:
1.Does it provide an equivalent level of safety?
2.Is it less or more restrictive than the "normal" means of compliance?
3. Does it address the same intent and issues as the "normal" means of compliance?
4.Does it utilise the most advanced or proven information available?
The above list may not be appropriate in some circumstances and additional criteria will be considered as necessary.
For questions, proposals or comments concerning this publication, please contact the following:
Office of Primary Interest:Commercial & Business Aviation
Operational Standards
Phone:(613) 998-3684
Facsimile:(613) 954-1602
Address:Transport Canada Building
Place de Ville
Tower 'C' (AARXB)
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Canadian Aviation Regulation
and
Commercial Air Service Standards
Part VII - Subpart 5
Guidance Material
Definitions
The following definitions will apply when used for the purpose of this guidance material, and with respect to the regulations and standards for which it provides guidance.
First flight of the day: the first flight of the day with respect to an aircraft, is the first flight that departs an airport after 00:00 on that calendar day, based on the time system normally used in that aircraft's journey log book (UTC or local time).
Division I
General
745.01Application
For the purpose of clarification, this subpart also applies to all cargo aircraft having a MCTOW of more than 19,000 pounds such as the C46, C130, DC-3, DC-4, L382, etc.
Division II
Certification
745.07Issuance or Amendment of Air Operator Certificate
S745.07(1) - Application for an Air Operator Certificate
An applicant for an Air Operator Certificate (AOC) should request from Transport Canada the documents "Canadian Commercial Air Services Certification Requirements" and "Starting a Commercial Air Service".
These documents provide advice on what matters should be considered when planning a proposed commercial air service and they set out the basic requirements of Transport Canada. These documents may be requested from the appropriate Regional Office.
Certification Process:
(a)The certification process is initiated by completing and submitting a Statement of Intent form 26-0380 to Transport Canada.
(b)Subsequent forms to be submitted are listed in standard 725.07(1).
(c)Certification involves an inspection from Transport Canada which can take approximately 60 days from the time of making formal application (the time of formal application is considered to be the time when all documentation is complete, accurate and has been submitted to Transport Canada).
(d)Applicants for an AOC must also apply for a licence from the Canadian Transportation Agency (CTA). The CTA licence is required for the carriage of passengers and/or goods, but is not required for specialty operations (aerial work).
Amendments to the AOC:
Amendments to the AOC should also be applied for through the appropriate Regional Office. Information on the required forms is contained in the Certification Manual TP4711 as well as on the back of the required forms. TP4711 is an internal manual to Transport Canada that is referred to by air carrier inspectors; however, it is available if requested.
S745.07(1)(h) - Minimum Equipment List (MEL)
(a)MEL Amendments Following Foreign Approved MMEL Revisions.
Air Operators are allowed to submit amended MELs for Transport Canada approval immediately following the reception of a foreign approved MMEL revision. These amended MELs may then be approved by the Regional Office/AARX, provided they are not in contradiction with or less restrictive than the current Transport Canada Supplement. This, however, does not preclude an air operator from having to further amend a MEL if a Transport Canada Supplement amendment is introduced following the normal Transport Canada review of the MMEL revision. Should any conflict exist between the foreign MMEL and an existing Transport Canada Supplement, the Transport Canada Supplement shall prevail.
(b)Establishment of a new MEL
A new MEL shall combine the manufacturer’s MMEL and the applicable Transport Canada Supplement. The approval of a MEL is the responsibility of the Regional Office and should be co-ordinated with the air operator and the Principle air Operations Inspector (POI).
S745.07(2) - Operations Manager - Qualifications
The air operator may use a different nomenclature for this position; however, the position shall be identified to Transport Canada as the Operations Manager.
An organization may have one individual filling the roles of Operations Manager, Chief Pilot and Flight Attendant Manager, as long as the requisite duties and responsibilities are assumed in totality and all requisite qualifications are met.
The form in Appendix A will help establish the qualifications required of the Operations Manager as per 725.07(2)(a)(i).
S745.07(2)(b)(i) - Chief Pilot - Qualifications
The operator may use a different nomenclature for this position; however, the position shall be identified to Transport Canada as the Chief Pilot. An organization may have more than one Chief Pilot if desired, as long as the requisite duties and responsibilities are assumed in totality by each designated individual.
Further, if more than one Chief Pilot is identified, there must be a clear delineation of responsibility i.e. a Chief Pilot may be responsible for a specific geographic region, aircraft type, etc.
The form in Appendix B will help establish the qualifications required of the Chief Pilot as per 725.07(2)(b)(i).
R745.07 (2)(b)(iv) Flight Attendant Manager - Approval
S745.07 (2)(d) Flight Attendant Manager - Qualifications and Responsibilities
“Process for Approval of a Flight Attendant Manager” which is contained in Appendix C provides complete details regarding the approval process, qualifications and responsibilities of the Flight Attendant Manager.
S745.07(2) - Absence from Duty: Operations Manager, Chief Pilot or Flight Attendant Manager
There must be a mechanism to allow delegation of authority for the position when the Operations Manager, Chief Pilot or Flight Attendant Manager is off duty. This would apply for both short term and long term absences.
The intent is to ensure that a capable person is in charge at any time that flight operations are being conducted. The Operations Manager, Chief Pilot or Flight Attendant Manager need not be physically present at the company but must be able to fully exercise their authority as required.
When the Operations Manager, Chief Pilot or Flight Attendant Manager are unable to exercise their full authority over flight operations, another individual qualified in accordance with the standards must be available to do so on their behalf.
S745.07(3)(d) - Training Course for the Flight Safety Officer
A training course for the person accountable for managing the flight safety program can be developed by the operator or an outside organization and shall meet the requirements of 725.07(3)(d).
Each regional System Safety office offers a Safety Officer course that meets the requirements of the CARs. There may be other institutions world wide that also meet the standard; however, the course syllabus must meet the intent of the CASS. Flight Safety Officers are encouraged to attend the Company Aviation Safety Officer's Course, which is provided by Transport Canada. This course includes a detailed manual covering all aspects of the Flight Safety program.
S745.07(3)(g) - Emergency Response Plan
The Emergency Response Plan is an internal company or organization plan which is used in conjunction with existing airport emergency response plans or municipal or regional disaster plans.
The Emergency Response Plan is designed to be used by company management in case of emergencies. The Emergency Response Plan is not required to be part of the Company Operations Manual (COM); however, there should be adequate guidance to operations personnel to ensure that they are aware of who to contact in the event of an emergency.
745.08Contents of Air Operator Certificate
R745.08 - Operations Specifications
Application for Operations Specifications (Part IV of the Air Operator Certificate) must be made to the appropriate Regional Office.
R745.08(g)(vi) - Authorizations for Navigation System
Transport Canada approval for long range navigation systems which are not dependent on VOR or NDB information (INS, GPS, IRS/FMS, LORAN, etc.) can be accomplished by means of an Operations Specification.
The air operator must apply for an Operations Specification detailing equipment to be used, pilot training, operating conditions and any other information considered pertinent to the accuracy and safety of the operation. Unless otherwise specified, the Operations Specification will not permit the use of non-ground based navigation aids within the terminal area.
R745.08(g)(x) - Authorizations for Use of Synthetic Flight Training Devices
Transport Canada approval is required for the use of synthetic flight training devices in training programs, requalification programs and pilot proficiency checks.
R745.08(g)(xi) - Authorizations - Others
The Air Operator Certificate shall include any authorizations deemed to be necessary for aviation safety and not addressed in the CARs.
Division III
Flight Operations
745.16Exceptions
R745.16 - Exceptions
An air operator operating a flight with only company personnel on board may operate in accordance with CARs Subpart 604.
R745.16(3)(c) - Two Way Communication with the flight crew members
Passengers and flight crew members shall be able to communicate with each other during normal, abnormal and emergency situations.
A means of communication can be anything that permits information and instructions to flow unobstructed to and from the flight deck. This can be through interphones, megaphones or through spoken or shouted words or any other means that allows both parties to be heard and understood.
745.17Operating Instructions
R745.17(1) - Definition of "All Operations Personnel":
"All operations personnel" means any person whose duties and responsibilities involve maintenance, loading, unloading, dispatching, servicing, weight and balance, and passenger handling (involved with passenger boarding), and includes flight crew members, cabin crew members, schedulers, flight dispatchers, deicing crews, ramp personnel and anyone else whose position has an effect on the aircraft operation or the safety of the flight.
745.18General Operational Information
R745.18 - General Operational Information
Dissemination of information necessary to the safe conduct of the flight must be received prior to flight time.
The distribution of information can be done through computer, manual amendments, flight dispatch, bulletin board notices, telephone calls etc. The method(s) should be outlined in the COM and, where flight attendants are carried, in the Flight Attendant Manual.
The procedure for acknowledgement of this information shall also be outlined in the COM. It can be accomplished in writing, verbally to a responsible company person who records the acknowledgement, or through other approved procedures. This could also mean pilot signature on an operational flight plan if SOPs require the pilot to check certain sources of information prior to the flight.
745.19Scheduled Air Service Requirements
R745.19(1) - Definition of Scheduled Air Service
Transport Canada Regulatory Committee has agreed to include the following definition in a subsequent amendment to Part I of the CARs. The definition is included in this Guidance Material as an interim reference.
“Scheduled Air Service” means a publicly available air transport service that provides transportation for passengers between points and serves those points in accordance with a published schedule at a charge per seat. (service aérien régulier)
R745.19(2) - Criteria for Authorization
Before an air operator is issued with an authorization to operate a scheduled air service from an aerodrome, the aerodrome shall be assessed by Transport Canada as safe for the aeroplane type being operated. Approval of the aerodrome for the purposes of scheduled air service will be in the form of an Operations Specification.
For the purposes of this section a military aerodrome is considered to be a certified airport.
Refer to TP312E for criteria against which an aerodrome will be evaluated before the above mentioned authorization is given.
The following is a summary of these requirements:
1.navigation aids, approach aids, runway length, runway surface, facilities, and obstacle clearance criteria are such as to permit safe operation of the aeroplane type under consideration; and
2.an obstacle clearance assessment must be accomplished to ensure compliance with 705.56 and 705.57 (performance requirements).
745.20Operational Control System
S745.20 - Approval of Operational Control Systems where an Air Operator Has Operations Under More than One Type of Operational Control System
A single Air Operator Certificate will be issued to air operators operating aircraft under multiple subparts of the CARs. As an example, an air operator may operate Boeing 727 and Twin Otter aeroplanes. The Air Operator Certificate will show that the Boeing 727 shall be operated under CARs Part VII, Subpart 5 (705) and the Twin Otter under CARs Part VII, Subpart 4 (704).
The requirements for operational control system are different for 704 and 705. The air operator, in the example above, will probably be using a Type A or B (coauthority dispatch) system for operations under 705 and a Type C (pilotselfdispatch) system for operations under 704.
The clear directive from the Moshansky Commission was to insure that the operational control system is clearly defined by the air operator. The intent of the commission was to eliminate "hybrid systems".
Transport Canada - Civil Aviation elected to implement this Moshansky recommendation and recommends that an air operator uses only one type of operational control system. Although, recognizing the complexity of operating environments in the industry, Transport Canada - Civil Aviation will also approve "multiple" operational control systems for an air operator.
The following is required in order to respect the intent of the Moshansky recommendation when approving operational control systems under the CARs for air operators having to use more than one type of operational control system:
(a)an air operator must clearly define the type of operational control system that applies to each individual sub-part (702, 703, 704 or 705) of his operation in the COM;
(b)the COM may have a section providing an overview of the operational control system with separate sections for each type of operational control system. Each separate section must outline the responsibilities and accountability of the personnel operating within this system;
(Example: operations under co-authority dispatch (Types A and/or B) must be clearly addressed in one section of the COM and operations under pilotselfdispatch (Types C and/or D) must be in a separate section)
(c)the air operator's training program must detail the responsibilities of pilots and dispatchers/flight followers under each type of operational control system stated in the COM. This training should be part of the Company Indoctrination Training (725.124(5)).
For further information on approval of operational control systems contact Operational Standards at (613) 990-1081.
S745.20 - Line of Authority
It is important that the reporting structure of the air operator make clear the line of authority affecting operational control. Operational control must report directly to the operations manager.
Operational Control and Operations co-ordination:
(a)operations co-ordination is the commercial/marketing side of the air operator. Operations co-ordination means the exercise of authority by an air operator over its operating activities, excluding operational control. The purpose of operations co-ordination is to take decisions that will best serve the commercial needs of the air operator;
(b)the lines of authority must be clear and show that operations co-ordination does not interfere with operational control.