DIVISION I - GENERAL

Reckless or Negligent Operation of Aircraft

602.01 No person shall operate an aircraft in such a reckless or negligent manner as to endanger or be likely to endanger the life or property of any person.

Fitness of Flight Crew Members

602.02 No operator of an aircraft shall require any person to act as a flight crew member and no person shall act as a flight crew member, if either the person or the operator has any reason to believe, having regard to the circumstances of the particular flight to be undertaken, that the person

(a) is suffering or is likely to suffer from fatigue; or

(b) is otherwise unfit to perform properly the person's duties as a flight crew member.

Alcohol or Drugs - Crew Members

602.03 No person shall act as a crew member of an aircraft

(a) within eight hours after consuming an alcoholic beverage;

(b) while under the influence of alcohol; or

(c) while using any drug that impairs the person's faculties to the extent that the safety of the aircraft or of persons on board the aircraft is endangered in any way.

Alcohol or Drugs - Passengers

602.04 (1) In this section, "intoxicating liquor" means a beverage that contains more than 2.5 per cent proof spirits.

(2) No person shall consume on board an aircraft an intoxicating liquor unless the intoxicating liquor

(a) has been served to that person by the operator of the aircraft; or

(b) where no flight attendant is on board, has been provided by the operator of the aircraft.

(3) No operator of an aircraft shall provide or serve any intoxicating liquor to a person on board the aircraft, where there are reasonable grounds to believe that the person's faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft.

(4) Subject to subsection (5), no operator of an aircraft shall allow a person to board the aircraft, where there are reasonable grounds to believe that the person's faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft.

(5) The operator of an aircraft may allow a person whose faculties are impaired by a drug to board an aircraft, where the drug was administered in accordance with a medical authorization and the person is under the supervision of an attendant.

Compliance with Instructions

602.05 (1) Every passenger on board an aircraft shall comply with instructions given by any crew member respecting the safety of the aircraft or of persons on board the aircraft.

(2) Every crew member on board an aircraft shall, during flight time, comply with the instructions of the pilot-in-command or of any person whom the pilot-in-command has authorized to act on behalf of the pilot-in-command.

 Smoking

602.06 (1) No person shall smoke on board an aircraft during take-off or landing or when directed not to smoke by the pilot-in-command.

(2) No person shall smoke in an aircraft lavatory.

(3) No person shall tamper with or disable a smoke detector installed in an aircraft lavatory without permission from a crew member or the operator of the aircraft.

Aircraft Operating Limitations

602.07 No person shall operate an aircraft unless it is operated in accordance with the operating limitations

(a) set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;

(b) set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII;

(c) indicated by markings or placards required pursuant to section 605.05; or

(d) prescribed by the competent authority of the state of registry of the aircraft.

Portable Electronic Devices

602.08 (1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft's systems or equipment.

(2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.

Fuelling with Engines Running

602.09 No person operating an aircraft shall permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board the aircraft or are embarking or disembarking, unless subsection 704.33(4) or 705.40(3), as applicable, is complied with.
(amended 2005/11/15; previous version)

Starting and Ground Running of Aircraft Engines

602.10 (1) No person shall start an engine of an aircraft unless

(a) a pilot's seat is occupied by a person who is competent to control the aircraft;

(b) precautions have been taken to prevent the aircraft from moving; or

(c) in the case of a seaplane, the aircraft is in a location from which any movement of the aircraft will not endanger persons or property.

(2) No person shall leave an engine of an aircraft running unless

(a) a pilot's seat is occupied by a person who is competent to control the aircraft; or

(b) where no persons are on board the aircraft,

(i) precautions have been taken to prevent the aircraft from moving, and

(ii) the aircraft is not left unattended.

Aircraft Icing

602.11 (1) In this section, "critical surfaces" means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, includes the upper surface of its fuselage.

(2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

(3) Notwithstanding subsection (2), a person may conduct a take-off in an aircraft that has frost adhering to the underside of its wings that is caused by cold-soaked fuel, if the take-off is conducted in accordance with the aircraft manufacturer's instructions for take-off under those conditions.

(4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, no person shall conduct or attempt to conduct a take-off in an aircraft unless

(a) for aircraft that are not operated under Subpart 5 of Part VII,

(i) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces, or

(ii) the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program; and

(b) for aircraft that are operated under Subpart 5 of Part VII, the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program.

(5) The inspection referred to in subparagraph (4)(a)(i) shall be performed by

(a) the pilot-in-command;

(b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

(c) a person, other than a person referred to in paragraph (a) or (b), who

(i) is designated by the operator of the aircraft, and

(ii) has successfully completed an aircraft surface contamination training program pursuant to Subpart 4 or Part VII.

(6) Where, before commencing take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.

(7) Before an aircraft is de-iced or anti-iced, the pilot-in-command of the aircraft shall ensure that the crew members and passengers are informed of the decision to do so.

Overflight of Built-up Areas or Open-air Assemblies 
of Persons during Take-offs, Approaches and Landings

602.12 (1) For the purposes of this section and sections 602.14 and 602.15, an aircraft shall be deemed to be operated over a built-up area or over an open-air assembly of persons if the built-up area or open-air assembly of persons is within a horizontal distance of
(amended 2003/03/01; previous version)

a) 500 feet from a helicopter or balloon; or
(amended 2003/03/01; previous version)

b) 2,000 feet from an aircraft other than a helicopter or balloon.
(amended 2003/03/01; previous version)

(2) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons, in a manner that is likely to create a hazard to persons or property.
(amended 2007/06/30; previous version)

(3) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons unless that aircraft will be operated at an altitude from which, in the event of an engine failure or any other emergency necessitating an immediate landing, the aircraft can land without creating a hazard to persons or property.
(amended 2007/06/30; previous version)

Take-offs, Approaches and Landings within Built-up Areas of Cities and Towns

602.13 (1) Except if otherwise permitted under this section, section 603.66 or Part VII, no person shall conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town, unless that take-off, approach or landing is conducted at an airport, heliport or a military aerodrome.
(amended 2007/06/30; previous version)

(2) A person may conduct a take-off or landing in an aircraft within a built-up area of a city or town at a place that is not located at an airport, heliport or a military aerodrome where
(amended 2007/06/30; previous version)

(a) the place is not set apart for the operation of aircraft;

(b) the flight is conducted without creating a hazard to persons or property on the surface; and

(c) the aircraft is operated

(i) for the purpose of a police operation that is conducted in the service of a police authority, or

(ii) for the purpose of saving human life.

(3) A person may conduct a take-off in a balloon within a built-up area of a city or town from a place that is not located at an airport, heliport or a military aerodrome, where
(amended 2007/06/30; previous version)

(a) permission to use the place as a launch site has been obtained from the land owner;

(b) a special aviation event is not being held at that place at the time of take-off;

(c) no written objection in respect of the use of the place as a launch site has been received by the Minister from a competent land use authority;

(d) the diameter of the launch site is no less than the greater of

(i) 100 feet, and

(ii) the greatest dimension of the balloon, be it the length, width or height, plus 25 per cent; and

(e) the take-off point within the launch site is upwind of the highest obstacle in the take-off path by a horizontal distance equal to the height of that obstacle, and the take-off is conducted

(i) using a positive rate of climb to a minimum altitude of 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or

(ii) where the flight path of the balloon is directly over residential or commercial buildings or over an open-air assembly of persons, using the maximum rate of climb possible, considering operational and passenger safety.

(4) A person may conduct a landing in a balloon within a built-up area at a place that is not located at an airport, heliport or military aerodrome, where
(amended 2007/06/30; previous version)

(a) the landing is necessary to avoid endangering the safety of the persons on board; and

(b) the pilot-in-command contacts the appropriate air traffic control unit or flight service station, either prior to landing or as soon as possible after landing, and provides

(i) the balloon's nationality mark and registration mark,

(ii) the estimated or actual, as applicable, time and location of the landing, and

(iii) the reasons why it is believed that the safety of the persons on board is or was endangered.

Minimum Altitudes and Distances

602.14 (1) [Repealed]
(amended 2003/03/01; previous version)

(2) Except where conducting a take-off, approach or landing or where permitted under section 602.15, no person shall operate an aircraft

(a) over a built-up area or over an open-air assembly of persons unless the aircraft is operated at an altitude from which, in the event of an emergency necessitating an immediate landing, it would be possible to land the aircraft without creating a hazard to persons or property on the surface, and, in any case, at an altitude that is not lower than

(i) for aeroplanes, 1,000 feet above the highest obstacle located within a horizontal distance of 2,000 feet from the aeroplane,

(ii) for balloons, 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or

(iii) for an aircraft other than an aeroplane or a balloon, 1,000 feet above the highest obstacle located within a horizontal distance of 500 feet from the aircraft; and

(b) in circumstances other than those referred to in paragraph (a), at a distance less than 500 feet from any person, vessel, vehicle or structure.

Permissible Low Altitude Flight

602.15 (1) A person may operate an aircraft at altitudes and distances less than those specified in subsection 602.14(2) where the aircraft is operated at altitudes and distances that are no less than necessary for the purposes of the operation in which the aircraft is engaged, the aircraft is operated without creating a hazard to persons or property on the surface and the aircraft is operated

(a) for the purpose of a police operation that is conducted in the service of a police authority;

(b) for the purpose of saving human life;

(c) for fire-fighting or air ambulance operations;

(d) for the purpose of the administration of the Fisheries Act or the Coastal Fisheries Protection Act;

(e) for the purpose of the administration of the national or provincial parks; or

(f) for the purpose of flight inspection.

(2) A person may operate an aircraft, to the extent necessary for the purpose of the operation in which the aircraft is engaged, at altitudes and distances less than those set out in

(a) paragraph 602.14(2)(a), where operation of the aircraft is authorized under Subpart 3 or section 702.22; or

(b) paragraph 602.14(2)(b), where the aircraft is operated without creating a hazard to persons or property on the surface and the aircraft is operated for the purpose of

(i) aerial application or aerial inspection,

(ii) aerial photography conducted by the holder of an air operator certificate,

(iii) helicopter external load operations, or

(iv) flight training conducted by or under the supervision of a qualified flight instructor.

Flights over Open-air Assemblies of Persons or Built-up Areas - Helicopters with External Loads

602.16 (1) No person shall operate a helicopter that is carrying a Class B, C or D external load over an open-air assembly of persons.

(2) Except where authorized under section 603.66 or 702.22, no person shall operate a helicopter that is carrying a Class B, C or D external load over a built-up area.

Carriage of Persons during Low Altitude Flight

602.17 No person operating an aircraft shall conduct helicopter Class B, C or D external load operations or engage in aerial application or aerial inspection at altitudes less than 500 feet AGL while carrying on board any person other than a flight crew member, unless that person's presence on board is essential to the purposes of the flight.

Flights over Built-up Areas - Balloons

602.18 (1) No person shall operate a balloon over a built-up area without carrying on board sufficient fuel to permit the balloon to fly clear of the built-up area, taking into consideration the take-off weight of the balloon, the ambient temperature and actual and forecast winds, and possible variations of those factors.

(2) No person shall operate a balloon on a flight that is planned to enter Class C airspace while over a built-up area unless the clearance to enter that airspace that is required pursuant to section 601.08 has been obtained from the appropriate air traffic control unit prior to take-off.

Right of Way - General

602.19 (1) Notwithstanding any other provision of this section,

(a) the pilot-in-command of an aircraft that has the right of way shall, if there is any risk of collision, take such action as is necessary to avoid collision; and

(b) where the pilot-in-command of an aircraft is aware that another aircraft is in an emergency situation, the pilot-in-command shall give way to that other aircraft.

(2) When two aircraft are converging at approximately the same altitude, the pilot-in-command of the aircraft that has the other on its right shall give way, except as follows:

(a) a power-driven, heavier-than-air aircraft shall give way to airships, gliders and balloons;

(b) an airship shall give way to gliders and balloons;

(c) a glider shall give way to balloons; and

(d) a power-driven aircraft shall give way to aircraft that are seen to be towing gliders or other objects or carrying a slung load.

(3) When two balloons operating at different altitudes are converging, the pilot-in-command of the balloon at the higher altitude shall give way to the balloon at the lower altitude.

(4) Where an aircraft is required to give way to another aircraft, the pilot-in-command of the first-mentioned aircraft shall not pass over or under, or cross ahead of, the other aircraft unless passing or crossing at such a distance as will not create a risk of collision.

(5) Where two aircraft are approaching head-on or approximately so and there is a risk of collision, the pilot-in-command of each aircraft shall alter its heading to the right.

(6) An aircraft that is being overtaken has the right of way and the pilot-in-command of the overtaking aircraft, whether climbing, descending or in level flight, shall give way to the other aircraft by altering the heading of the overtaking aircraft to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the pilot-in-command of the overtaking aircraft from this obligation until that aircraft has entirely passed and is clear of the other aircraft.

(7) Where an aircraft is in flight or manoeuvring on the surface, the pilot-in-command of the aircraft shall give way to an aircraft that is landing or about to land.

(8) The pilot-in-command of an aircraft that is approaching an aerodrome for the purpose of landing shall give way to any aircraft at a lower altitude that is also approaching the aerodrome for the purpose of landing.

(9) The pilot-in-command of an aircraft at a lower altitude, as described in subsection (8), shall not overtake or cut in front of an aircraft at a higher altitude that is in the final stages of an approach to land.

(10) No person shall conduct or attempt to conduct a take-off or landing in an aircraft until there is no apparent risk of collision with any aircraft, person, vessel, vehicle or structure in the take-off or landing path.

Right of Way - Aircraft Manoeuvring on Water

602.20 (1) Where an aircraft on the water has another aircraft or a vessel on its right, the pilot-in-command of the first-mentioned aircraft shall give way.

(2) Where an aircraft on the water is approaching another aircraft or a vessel head-on, or approximately so, the pilot-in-command of the first-mentioned aircraft shall alter its heading to the right.

(3) The pilot-in-command of an aircraft that is overtaking another aircraft or a vessel on the water shall alter its heading to keep well clear of the other aircraft or the vessel.

Avoidance of Collision

602.21 No person shall operate an aircraft in such proximity to another aircraft as to create a risk of collision.

 Towing

602.22 No person shall operate an aeroplane that is towing an object unless the aeroplane is equipped with a tow hook and release control mechanism.
(amended 2006/06/30; previous version)

Dropping of Objects

602.23 No person shall create a hazard to persons or property on the surface by dropping an object from an aircraft in flight.

Formation Flight

602.24 No person shall operate an aircraft in formation with other aircraft except by pre-arrangement between

(a) the pilots-in-command of the aircraft; or

(b) where the flight is conducted within a control zone, the pilots-in-command and the appropriate air traffic control unit.

Entering or Leaving an Aircraft in Flight

602.25 (1) No person shall enter or leave an aircraft in flight except with the permission of the pilot-in-command of the aircraft.

(2) No pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless

(a) the person leaves for the purpose of making a parachute descent;
(amended 2006/06/30; previous version)

(b) the entering or leaving is permitted under section 702.19; or
(amended 2006/06/30; previous version)

(c) the flight is conducted in accordance with
amended 2006/06/30; no previous version)

(i) a special flight operations certificate — special aviation event issued under section 603.02, or
(amended 2006/06/30; no previous version)

(ii) a special flight operations certificate issued under section 603.67.
(amended 2006/06/30; no previous version)

Parachute Descents

602.26 Except where permitted in accordance with section 603.37, no pilot-in-command of an aircraft shall permit, and no person shall conduct, a parachute descent from the aircraft

(a) in or into controlled airspace or an air route; or

(b) over or into a built-up area or an open-air assembly of persons.

Aerobatic Manoeuvres - Prohibited Areas and Flight Conditions

602.27 No person operating an aircraft shall conduct aerobatic manoeuvres

(a) over a built-up area or an open-air assembly of persons;

(b) in controlled airspace, except in accordance with a special flight operations certificate issued pursuant to section 603.67;

(c) when flight visibility is less than three miles; or

(d) below 2,000 feet AGL, except in accordance with a special flight operations certificate issued pursuant to section 603.02 or 603.67.

Aerobatic Manoeuvres with Passengers

602.28 No person operating an aircraft with a passenger on board shall conduct an aerobatic manoeuvre unless the pilot-in-command of the aircraft has engaged in

(a) at least 10 hours dual flight instruction in the conducting of aerobatic manoeuvres or 20 hours conducting aerobatic manoeuvres; and

(b) at least one hour of conducting aerobatic manoeuvres in the preceding six months.

Hang Glider and Ultra-light Aeroplane Operation

602.29 (1) No person shall operate a hang glider or an ultra-light aeroplane

(a) at night;

(b) in IFR flight;

(c) subject to subsections (2) and (3), in controlled airspace;

(d) unless the aircraft is equipped with

(i) a suitable means of restraint that is attached to the primary structure of the aircraft,

(ii) a radiocommunication system adequate to permit two-way communication on the appropriate frequency when the aircraft is operated within

(A) Class D airspace,

(B) the ADIZ, or

(C) an MF area, and

(iii) where the aircraft is an ultra-light aeroplane, a placard that is affixed to a surface in plain view of any occupant seated at the flight controls and that states, "THIS AEROPLANE IS OPERATING WITHOUT A CERTIFICATE OF AIRWORTHINESS/CET AVION EST UTILISÉ SANS CERTIFICAT DE NAVIGABILITÉ";

(e) subject to subsections (4) and (5), while carrying another person on board; or

(f) unless each person on board

(i) is secured by a means of restraint referred to in subparagraph (d)(i), and

(ii) where the aircraft is not an advanced ultra-light aeroplane, is wearing a protective helmet.

(2) A person may operate a hang glider or an ultra-light aeroplane in controlled airspace

(a) within five nautical miles from the centre of an airport or heliport or within a control zone of an uncontrolled airport where the person has obtained permission from the airport or heliport operator;
(amended 2007/06/30; previous version)

(b) within a control zone of a controlled airport where the person has obtained an air traffic control clearance by two-way radio voice communication from the air traffic control unit of the airport; or

(c) where the aircraft is an advanced ultra-light aeroplane, if the aeroplane is equipped in accordance with section 605.14.

(3) A person may operate a hang glider in Class E airspace where

(a) the pilot

(i) is at least 16 years of age,

(ii) is in possession of a Category 1, 3 or 4 medical certificate, and

(iii) has obtained a grade of not less than 60 per cent on a Department of Transport written examination pertaining to the Canadian Aviation Regulations, air traffic procedures, flight instruments, navigation, flight operations and human factors respecting hang glider operations in Class E airspace;

(b) the hang glider is equipped with a magnetic compass and altimeter;

(c) the flight is a cross-country flight; and

(d) the pilot informs the nearest flight service station of the time of departure and estimated duration of the flight in Class E airspace.

(4) A person may operate

(a) a hang glider with one other person on board if the flight is conducted for the purpose of providing dual flight instruction;or
(amended 2005/12/01; previous version)

(b) an ultra-light aeroplane with one other person on board if
(amended 2005/12/01; previous version)

(i) the flight is conducted for the purpose of providing dual flight instruction,

(ii) the pilot is a holder of a pilot permit — ultra-light aeroplane endorsed with a passenger-carrying rating and the aeroplane has no restrictions against carrying another person, or

(iii) the other person is a holder of a pilot licence or permit, other than a student pilot permit, that allows them to act as pilot-in-command of an ultra-light aeroplane.

(5) A person may operate an advanced ultra-light aeroplane with another person on board where the pilot holds a permit or licence issued pursuant to Subpart 1 of Part IV that is appropriate to the functions or privileges being exercised.

Fuel Dumping

602.30 No person shall jettison fuel from an aircraft in flight unless

(a) it is necessary to do so in order to ensure aviation safety; and

(b) all appropriate measures are taken to minimize danger to human life and damage to the environment, insofar as the circumstances permit.

Compliance with Air Traffic Control Instructions and Clearances

602.31 (1) Subject to subsection (3), the pilot-in command of an aircraft shall

(a) comply with and acknowledge, to the appropriate air traffic control unit, all of the air traffic control instructions directed to and received by the pilot-in-command; and

(b) comply with all of the air traffic control clearances received and accepted by the pilot-in-command and

(i) subject to subsection (2), in the case of an IFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, and

(ii) in the case of a VFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, when so requested by the air traffic control unit.

(2) Except if requested to do so by an air traffic control unit, the pilot-in-command of an IFR aircraft is not required to read back the text of an air traffic control clearance pursuant to paragraph (1)(b)(i) where

(a) the air traffic control clearance is received on the ground by the pilot-in-command before departing from a controlled aerodrome in respect of which a standard instrument departure procedure is specified in the Canada Air Pilot; or

(b) the receipt of the air traffic control clearance is acknowledged by the pilot-in-command by electronic means.

(3) The pilot-in-command of an aircraft may deviate from an air traffic control clearance or an air traffic control instruction to the extent necessary to carry out a collision avoidance manoeuvre, where the manoeuvre is carried out

(a) in accordance with a resolution advisory generated by an Airborne Collision Avoidance System (ACAS) or a Traffic Alert and Collision Avoidance System (TCAS); or

(b) in response to a warning from a Ground Proximity Warning System (GPWS) on board the aircraft.

(4) The pilot-in-command of an aircraft shall

(a) as soon as possible after initiating the collision avoidance manoeuvre referred to in subsection (3), inform the appropriate air traffic control unit of the deviation; and

(b) immediately after completing the collision avoidance manoeuvre referred to in subsection (3), comply with the last air traffic control clearance received and accepted by, or the last air traffic control instruction received and acknowledged by, the pilot-in-command.

Airspeed Limitations

602.32 (1) Subject to subsection (2), no person shall operate an aircraft below 10,000 feet ASL at an indicated airspeed of more than 250 knots.

(2) No person shall operate an aircraft below 3,000 feet AGL within 10 nautical miles of a controlled airport at an indicated airspeed of more than 200 knots unless authorized to do so in an air traffic control clearance.

(3) Notwithstanding subsections (1) and (2), a person may operate an aircraft at an indicated airspeed greater than the airspeeds referred to in subsections (1) and (2) where the aircraft is being operated on departure or in accordance with a special flight operations certificate - special aviation event issued pursuant to section 603.02.

(4) Where the minimum safe speed for the flight configuration of an aircraft is greater than the speed referred to in subsection (1) or (2), the aircraft shall be operated at the minimum safe speed.

Supersonic Flight

602.33 No person shall operate an aircraft at a true Mach number of 1 or greater.

Cruising Altitudes and Cruising Flight Levels

602.34 (1) The appropriate cruising altitude or cruising flight level for an aircraft in level cruising flight is determined in accordance with

(a) the magnetic track, in the Southern Domestic Airspace; and

(b) the true track, in the Northern Domestic Airspace.

(2) Subject to subsection (3), the pilot-in-command of an aircraft shall ensure that the aircraft is operated at a cruising altitude or cruising flight level appropriate to the track, as set out in the table to this section, unless the pilot-in-command is assigned another altitude or flight level by an air traffic control unit and the aircraft is operated in level cruising flight

(a) at more than 3,000 feet AGL, in VFR flight; or

(b) in IFR flight.

(3) Subsection (2) does not apply where an aircraft is operated for the purpose of aerial survey or mapping and the following conditions are met:

(a) the pilot-in-command of the aircraft contacts the appropriate air traffic control unit as far in advance as possible of the proposed flight;

(b) the pilot-in-command of the aircraft provides, as far in advance as possible of the proposed take-off time of the aircraft, to any air traffic control unit that so requests, a topographical map at either a 1: 500 000 or a 1: 1 000 000 scale of the area to be surveyed or mapped, with proposed tracks and planned entry and exit points clearly delineated on the map;

(c) the pilot-in-command of the aircraft files a flight plan or flight itinerary with an air traffic control unit as far in advance as possible of the proposed take-off time of the aircraft;

(d) the flight plan or flight itinerary referred to in paragraph (c) specifies the area to be surveyed or mapped

(i) by reference to the relevant maps of the National Topographic System,

(ii) by reference to the geographic co-ordinates of the area, or

(iii) where required by an air traffic control unit, by reference to the air photograph block reference grid map provided by the air traffic control unit; and

(e) where the aircraft is operated in controlled airspace, it is operated in accordance with an air traffic control clearance.

Table - Cruising Altitudes and Cruising Flight Levels Appropriate to Aircraft Track

Altimeter-setting and Operating Procedures in the Altimeter-setting Region

602.35 When an aircraft is operated in the altimeter-setting region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall

(a) immediately before conducting a take-off from an aerodrome, set the altimeter to the altimeter setting of the aerodrome or, if that altimeter setting is not obtainable, to the elevation of the aerodrome;

(b) while in flight, set the altimeter to the altimeter setting of the nearest station along the route of flight or, where the nearest stations along the route of flight are separated by more than 150 nautical miles, to the altimeter setting of a station near the route of flight; and

(c) immediately before commencing a descent for the purpose of landing at an aerodrome, set the altimeter to the altimeter setting of the aerodrome, if that altimeter setting is obtainable.

Altimeter-setting and Operating Procedures in the Standard Pressure Region

602.36 (1) When an aircraft is operated in the standard pressure region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall

(a) immediately before conducting a take-off from an aerodrome, set the altimeter to the altimeter setting of the aerodrome or, if that altimeter setting is not obtainable, to the elevation of the aerodrome;

(b) before reaching the flight level at which the flight is to be conducted, set the altimeter to 29.92 inches of mercury or 1,013.2 millibars; and

(c) immediately before commencing a descent for the purpose of landing at an aerodrome, set the altimeter to the altimeter setting of the aerodrome, if that altimeter setting is obtainable.

(2) Notwithstanding paragraph (1)(c), when a holding procedure is being conducted before landing at an aerodrome located in the standard pressure region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall set the altimeter to the altimeter setting of the aerodrome immediately before descending below the lowest flight level at which the holding procedure is conducted.

Altimeter-setting and Operating Procedures in Transition between Regions

602.37 Except where otherwise authorized by an air traffic control unit, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall

(a) when flying from the altimeter-setting region into the standard pressure region, set the altimeter to 29.92 inches of mercury or 1,013.2 millibars immediately after the aircraft's entry into the standard pressure region; and

(b) when flying from the standard pressure region into the altimeter-setting region, set the altimeter to the altimeter setting of the nearest station along the route of flight or, where the nearest stations along the route of flight are separated by more than 150 nautical miles, the altimeter setting of a station near the route of flight immediately before the aircraft's entry into the altimeter-setting region.

Flight over the High Seas

602.38 The pilot-in-command of a Canadian aircraft that is in flight over the high seas shall comply with the applicable Rules of the Air set out in Annex 2 to the Convention and the applicable Regional Supplementary Procedures set out in Document 7030/4 of the International Civil Aviation Organization (ICAO).

Transoceanic Flight

602.39 No pilot-in-command of a single-engined aircraft, or of a multi-engined aircraft that would be unable to maintain flight in the event of the failure of any engine, shall commence a flight that will leave Canadian Domestic Airspace and enter airspace over the high seas unless

(a) the pilot-in-command holds a pilot licence endorsed with an instrument rating;

(b) the aircraft is equipped with

(i) the equipment referred to in section 605.18,

(ii) a high frequency radio capable of transmitting and receiving on a minimum of two appropriate international air-ground general purpose frequencies, and

(iii) hypothermia protection for each person on board; and

(c) the aircraft carries sufficient fuel to meet the requirements of section 602.88 and, in addition, carries contingency fuel equal to at least 10 per cent of the fuel required pursuant to section 602.88 to complete the flight to the aerodrome of destination.

Landing at or Take-off from an Aerodrome at Night

602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.

(2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where

(a) the flight is conducted without creating a hazard to persons or property on the surface; and

(b) the aircraft is operated

(i) for the purpose of a police operation that is conducted in the service of a police authority, or

(ii) for the purpose of saving human life.

Unmanned Air Vehicles
(amended 2003/12/01; previous version)

602.41 No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate.
(amended 2003/12/01; previous version)

Large Unoccupied Free Balloons

602.42 No person shall release an unoccupied free balloon having a gas-carrying capacity of more than 115 cubic feet (3.256 m3) except in accordance with an authorization issued by the Minister pursuant to section 602.44.

Rockets

602.43 No person shall launch a rocket, other than a model rocket or a rocket of a type used in a fireworks display, except in accordance with an authorization issued by the Minister pursuant to section 602.44.

Authorization by the Minister

602.44 The Minister may issue an authorization referred to in section 602.42 or 602.43 where the release of the balloon or the launch of the rocket is in the public interest and is not likely to affect aviation safety.

Model Aircraft, Kites and Model Rockets

602.45 No person shall fly a model aircraft or a kite or launch a model rocket or a rocket of a type used in a fireworks display into cloud or in a manner that is or is likely to be hazardous to aviation safety.

602.46 to 602.56 Reserved

DIVISION II - OPERATIONAL AND EMERGENCY EQUIPMENT REQUIREMENTS

Application

602.57 This Division applies to persons operating

(a) Canadian aircraft; and

(b) foreign aircraft in Canada where those persons are Canadian citizens, permanent residents or corporations incorporated by or under the laws of Canada or a province.

Prohibition

602.58 No person shall operate an aircraft referred to in section 602.57 unless the operational and emergency equipment required by these Regulations is carried on board.

Equipment Standards

602.59 (1) Subject to subsection (2), no person shall operate an aircraft unless the operational and emergency equipment carried on board the aircraft

(a) meets the applicable standards specified in the Airworthiness Manual; and

(b) is functional.

(2) Paragraph (1)(a) does not apply in respect of the following operational and emergency equipment:

(a) survival equipment;

(b) a personal flotation device;

(c) a hand-held fire extinguisher, except if carried on board an aircraft operated under Subpart 4 or Part VII, where the extinguisher meets the applicable standards published by the Canadian Standards Association;

(d) a first aid kit, except if carried on board an aircraft operated under Subpart 4 or Part VII;

(e) aeronautical charts and publications;

(f) a timepiece; and

(g) a flashlight.

Requirements for Power-driven Aircraft

602.60 (1) No person shall conduct a take-off in a power-driven aircraft, other than an ultra-light aeroplane, unless the following operational and emergency equipment is carried on board:

(a) a checklist or placards that enable the aircraft to be operated in accordance with the limitations specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or any equivalent document provided by the manufacturer;

(b) all of the necessary current aeronautical charts and publications covering the route of the proposed flight and any probable diversionary route, if the aircraft is operated in VFR OTT, night VFR flight or IFR flight;
(amended 2006/06/30; previous version)

(c) a current database, if the aircraft is operated in IFR flight, in VFR OTT flight or in night VFR flight under Subpart 4 of Part VI or Subpart 2, 3, 4 or 5 of Part VII and database-dependent navigation equipment is used;
(amended 2006/06/30; previous version)

(d) current data covering the route of the proposed flight and any probable diversionary route, if the aircraft is operated in VFR OTT flight other than VFR OTT flight referred to in paragraph (c) and database-dependent navigation equipment is used;
(amended 2006/06/30; previous version)

(e) a hand-held fire extinguisher in the cockpit that
(amended 2006/06/30; previous version)

(i) is of a type suitable for extinguishing fires that are likely to occur,
(amended 2006/06/30; previous version)

(ii) is designed to minimize the hazard of toxic gas concentrations, and
(amended 2006/06/30; previous version)

(iii) is readily available to each flight crew member;
(amended 2006/06/30; previous version)

(f) a timepiece that is readily available to each flight crew member;

(g) a flashlight that is readily available to each crew member, if the aircraft is operated at night; and
(amended 2006/06/30; previous version)

(h) a first aid kit.
(amended 2006/06/30; previous version)

(2) A checklist or placards referred to in paragraph (1)(a) shall enable the aircraft to be operated in normal, abnormal and emergency conditions and shall include

(a) a pre-start check;

(b) a pre-take-off check;

(c) a post-take-off check;

(d) a pre-landing check; and

(e) emergency procedures.

(3) Emergency procedures referred to in paragraph (2)(e) shall include

(a) emergency operation of fuel, hydraulic, electrical and mechanical systems, where applicable;

(b) emergency operation of instruments and controls, where applicable;

(c) engine inoperative procedures; and

(d) any other procedure that is necessary for aviation safety.

(4) Checks and emergency procedures referred to in subsections (2) and (3) shall be performed and followed where they are applicable.

Survival Equipment - Flights over Land

602.61 (1) Subject to subsection (2), no person shall operate an aircraft over land unless there is carried on board survival equipment, sufficient for the survival on the ground of each person on board, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides the means for

(a) starting a fire;

(b) providing shelter;

(c) providing or purifying water; and

(d) visually signalling distress.

(2) Subsection (1) does not apply in respect of

(a) a balloon, a glider, a hang glider, a gyroplane or an ultra-light aeroplane;

(b) an aircraft that is operated within 25 nautical miles of the aerodrome of departure and that has the capability of radiocommunication with a surface-based radio station for the duration of the flight;

(c) a multi-engined aircraft that is operated south of 66o 30' north latitude

(i) in IFR flight within controlled airspace, or

(ii) along designated air routes;

(d) an aircraft that is operated by an air operator, where the aircraft is equipped with equipment specified in the air operator's company operations manual, but not with the equipment required by subsection (1); or

(e) an aircraft that is operated in a geographical area where and at a time of year when the survival of the persons on board is not jeopardized.

Life Preservers and Flotation Devices

602.62 (1) No person shall conduct a take-off or a landing on water in an aircraft or operate an aircraft over water beyond a point where the aircraft could reach shore in the event of an engine failure, unless a life preserver, individual flotation device or personal flotation device is carried for each person on board.

(2) No person shall operate a land aeroplane, gyroplane, helicopter or airship at more than 50 nautical miles from shore unless a life preserver is carried for each person on board.

(3) No person shall operate a balloon at more than two nautical miles from shore unless a life preserver, individual flotation device or personal flotation device is carried for each person on board.

(4) For aircraft other than balloons, every life preserver, individual flotation device and personal flotation device referred to in this section shall be stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated.

Life Rafts and Survival Equipment - Flights over Water

602.63 (1) No person shall operate over water a single-engined aeroplane, or a multi-engined aeroplane that is unable to maintain flight with any engine failed, at more than 100 nautical miles, or the distance that can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.

(2) Subject to subsection (3), no person shall operate over water a multi-engined aeroplane that is able to maintain flight with any engine failed at more than 200 nautical miles, or the distance that can be covered in 60 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.

(3) A person may operate over water a transport category aircraft that is an aeroplane, at up to 400 nautical miles, or the distance that can be covered in 120 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site without the life rafts referred to in subsection (2) being carried on board.

(4) No person shall operate over water a single-engined helicopter, or a multi-engined helicopter that is unable to maintain flight with any engine failed, at more than 25 nautical miles, or the distance that can be covered in 15 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.

(5) No person shall operate over water a multi-engined helicopter that is able to maintain flight with any engine failed at more than 50 nautical miles, or the distance that can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.

(6) The life rafts referred to in this section shall be

(a) stowed so that they are easily accessible for use in the event of a ditching;

(b) installed in conspicuously marked locations near an exit; and

(c) equipped with an attached survival kit, sufficient for the survival on water of each person on board the aircraft, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides a means for

(i) providing shelter,

(ii) providing or purifying water, and

(iii) visually signalling distress.

(7) Where a helicopter is required to carry life rafts pursuant to subsection (4) or (5), no person shall operate the helicopter over water having a temperature of less than 10oC unless

(a) a helicopter passenger transportation suit system is provided for the use of each person on board; and

(b) the pilot-in-command directs each person on board to wear the helicopter passenger transportation suit system.

(8) Every person who has been directed to wear a helicopter passenger transportation suit system pursuant to paragraph (7)(b) shall wear that suit system.

602.64 to 602.69 Reserved

DIVISION III - FLIGHT PREPARATION, FLIGHT PLANS AND FLIGHT ITINERARIES

Interpretation

602.70 In this Division,

"overdue" - in respect of an aircraft, means an aircraft for which an arrival report has not been filed

(a) where a flight plan has been filed in respect of the aircraft,

(i) if a search and rescue notification time is specified in the flight plan, immediately after the last reported such time, or

(ii) in all other cases, within one hour after the last reported estimated time of arrival, or

(b) where a flight itinerary has been filed in respect of the aircraft,

(i) if a search and rescue notification time is specified in the flight itinerary, immediately after the last reported such time, or

(ii) in all other cases, within 24 hours after the last reported estimated time of arrival; (en retard)

"responsible person" - means an individual who has agreed with the person who has filed a flight itinerary to ensure that the following are notified in the manner prescribed in this Division, if the aircraft is overdue, namely,

(a) an air traffic control unit, a flight service station or a community aerodrome radio station, or

(b) a Rescue Co-ordination Centre. (personne de confiance)

Pre-flight Information

602.71 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available information that is appropriate to the intended flight.

Weather Information

602.72 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available weather information that is appropriate to the intended flight.

Requirement to File a Flight Plan or a Flight Itinerary

602.73 (1) Subject to subsection (3), no pilot-in-command shall operate an aircraft in IFR flight unless an IFR flight plan has been filed.

(2) No pilot-in-command shall operate an aircraft in VFR flight unless a VFR flight plan or a VFR flight itinerary has been filed, except where the flight is conducted within 25 nautical miles of the departure aerodrome.

(3) A pilot-in-command may file an IFR flight itinerary instead of an IFR flight plan where

(a) the flight is conducted in part or in whole outside controlled airspace; or

(b) facilities are inadequate to permit the communication of flight plan information to an air traffic control unit, a flight service station or a community aerodrome radio station.

(4) Notwithstanding anything in this Division, no pilot-in-command shall, unless a flight plan has been filed, operate an aircraft between Canada and a foreign state.

Contents of a Flight Plan or a Flight Itinerary

602.74 A flight plan or flight itinerary shall contain such information as is specified by the Minister in the Canada Flight Supplement.

Filing of a Flight Plan or a Flight Itinerary

602.75 (1) A flight plan shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station.

(2) A flight itinerary shall be filed with a responsible person, an air traffic control unit, a flight service station or a community aerodrome radio station.

(3) A flight plan or flight itinerary shall be filed by

(a) sending, delivering or otherwise communicating the flight plan or flight itinerary or the information contained therein; and

(b) receiving acknowledgement that the flight plan or flight itinerary or the information contained therein has been received.

Changes in the Flight Plan

602.76 (1) The pilot-in-command of an aircraft for which an IFR flight plan or an IFR flight itinerary has been filed shall follow the procedure set out in subsection (2) where the pilot-in-command intends to make any change in the plan or itinerary in respect of

(a) the cruising altitude or cruising flight level;

(b) the route of flight;

(c) the destination aerodrome;

(d) in the case of a flight plan, the true airspeed at the cruising altitude or cruising flight level, where the change intended is five per cent or more of the true airspeed specified in the IFR flight plan; or

(e) the Mach number, where the change intended is .01 or more of the Mach number that has been included in the air traffic control clearance.

(2) A pilot-in-command of an aircraft who intends to make any of the changes in the IFR flight plan or the IFR flight itinerary that are referred to in subsection (1) shall

(a) notify as soon as practicable an air traffic control unit or the responsible person, as the case may be, of the intended change; and

(b) where the flight is being conducted in controlled airspace, receive an air traffic control clearance before making the intended change.

(3) The pilot-in-command of an aircraft for which a VFR flight plan or a VFR flight itinerary has been filed shall follow the procedure set out in subsection (4) where the pilot-in-command intends to make a change in the plan or itinerary in respect of

(a) the route of flight;

(b) the duration of the flight; or

(c) the destination aerodrome.

(4) A pilot-in-command of an aircraft who intends to make any of the changes in the VFR flight plan or the VFR flight itinerary that are referred to in subsection (3) shall notify as soon as practicable an air traffic control unit, a flight service station, a community aerodrome radio station or the responsible person, of the intended change.

Requirement to File an Arrival Report

602.77 (1) Subject to subsections (3) and (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight plan has been filed under subsection 602.75(1) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station or a community aerodrome radio station as soon as practicable after landing but not later than
(amended 2006/06/30; previous version)

(a) the search and rescue action initiation time specified in the flight plan; or

(b) where no search and rescue action initiation time is specified in the flight plan, one hour after the last reported estimated time of arrival.

(2) Subject to subsection (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight itinerary has been filed under subsection 602.75(2) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station, a community aerodrome radio station or, if the flight itinerary was filed with a responsible person, the responsible person, as soon as practicable after landing but not later than
(amended 2006/06/30; previous version)

(a) the search and rescue action initiation time specified in the flight itinerary; or

(b) where no search and rescue action initiation time is specified in the flight itinerary, 24 hours after the last reported estimated time of arrival.

(3) A pilot-in-command who terminates an IFR flight at an aerodrome where there is an operating air traffic control unit or flight service station is not required to file an arrival report unless requested to do so by the appropriate air traffic control unit.

(4) A pilot-in-command of an aircraft who conducts a flight in respect of which a flight plan or flight itinerary has been filed with an air traffic control unit, flight service station or community aerodrome radio station may file an arrival report by closing the flight plan or flight itinerary with an air traffic control unit, flight service station or community aerodrome radio station prior to landing.
(amended 2006/06/30; no previous version)

Contents of an Arrival Report

602.78 An arrival report shall contain such information as is specified by the Minister in the Canada Flight Supplement.

Overdue Aircraft Report

602.79 Any person who assumes responsibilities with respect to an aircraft and who has reason to believe that the aircraft is overdue, or any other person who has been directed by that person to do so, shall immediately, by the quickest means available,

(a) notify an air traffic control unit, a flight service station, a community aerodrome radio station or a Rescue Co-ordination Centre; and

(b) provide, to the best of the person's knowledge, all of the available information concerning the overdue aircraft that may be requested by the air traffic control unit, the flight service station, the community aerodrome radio station or the Rescue Co-ordination Centre.

602.80 to 602.85 Reserved

DIVISION IV - PRE-FLIGHT AND FUEL REQUIREMENTS

Carry-on Baggage, Equipment and Cargo

602.86 (1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are

(a) stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or

(b) restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.

(2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless

(a) the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;

(b) all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;

(c) where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,

(i) no passenger's view of any "seat belt" sign, "no smoking" sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,

(ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and

(iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and

(d) all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.

Crew Member Instructions

602.87 The pilot-in-command of an aircraft shall ensure that each crew member, before acting as a crew member on board the aircraft, has been instructed with respect to

(a) the duties that the crew member is to perform; and

(b) the location and use of all of the normal and emergency exits and of all of the emergency equipment that is carried on board the aircraft.

Fuel Requirements

602.88 (1) This section does not apply in respect of any glider, balloon or ultra-light aeroplane.

(2) No pilot-in-command of an aircraft shall commence a flight or, during flight, change the destination aerodrome set out in the flight plan or flight itinerary, unless the aircraft carries sufficient fuel to ensure compliance with subsections (3) to (5).

(3) An aircraft operated in VFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

(a) in the case of an aircraft other than a helicopter,

(i) when operated during the day, to fly to the destination aerodrome and then to fly for a period of 30 minutes at normal cruising speed, or

(ii) when operated at night, to fly to the destination aerodrome and then to fly for a period of 45 minutes at normal cruising speed; or

(b) in the case of a helicopter, to fly to the destination aerodrome and then to fly for a period of 20 minutes at normal cruising speed.

(4) An aircraft operated in IFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

(a) in the case of a propeller-driven aeroplane,

(i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 45 minutes, or

(ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 45 minutes; or

(b) in the case of a turbo-jet-powered aeroplane or a helicopter,

(i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 30 minutes, or

(ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 30 minutes.

(5) Every aircraft shall carry an amount of fuel that is sufficient to provide for

(a) taxiing and foreseeable delays prior to take-off;

(b) meteorological conditions;

(c) foreseeable air traffic routings and traffic delays;

(d) landing at a suitable aerodrome in the event of loss of cabin pressurization or, in the case of a multi-engined aircraft, failure of any engine, at the most critical point during the flight; and

(e) any other foreseeable conditions that could delay the landing of the aircraft.

Passenger Briefings

602.89 (1) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed before take-off with respect to the following, where applicable:

(a) the location and means of operation of emergency and normal exits;

(b) the location and means of operation of safety belts, shoulder harnesses and restraint devices;

(c) the positioning of seats and the securing of seat backs and chair tables;

(d) the stowage of carry-on baggage;

(e) where the aircraft is unpressurized and it is possible that the flight will require the use of oxygen by the passengers, the location and means of operation of oxygen equipment; and

(f) any prohibition against smoking.

(2) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed

(a) in the case of an over-water flight where the carriage of life preservers, individual flotation devices or personal flotation devices is required pursuant to section 602.62, before commencement of the over-water portion of the flight, with respect to the location and use of those items; and

(b) in the case of a pressurized aircraft that is to be operated at an altitude above FL 250, before the aircraft reaches FL 250, with respect to the location and means of operation of oxygen equipment.

(3) The pilot-in-command of an aircraft shall, before take-off, ensure that all of the passengers on board the aircraft are provided with information respecting the location and use of

(a) first aid kits and survival equipment;

(b) where the aircraft is a helicopter or a small aircraft that is an aeroplane, any ELT that is required to be carried on board pursuant to section 605.38; and

(c) any life raft that is required to be carried on board pursuant to section 602.63.

602.90 to 602.95 Reserved

DIVISION V - OPERATIONS AT OR IN THE VICINITY OF AN AERODROME

General

602.96 (1) This section applies to persons operating VFR or IFR aircraft at or in the vicinity of an uncontrolled or controlled aerodrome.

(2) Before taking off from, landing at or otherwise operating an aircraft at an aerodrome, the pilot-in-command of the aircraft shall be satisfied that

(a) there is no likelihood of collision with another aircraft or a vehicle; and

(b) the aerodrome is suitable for the intended operation.

(3) The pilot-in-command of an aircraft operating at or in the vicinity of an aerodrome shall

(a) observe aerodrome traffic for the purpose of avoiding a collision;

(b) conform to or avoid the pattern of traffic formed by other aircraft in operation;

(c) make all turns to the left when operating within the aerodrome traffic circuit, except where right turns are specified by the Minister in the Canada Flight Supplement or where otherwise authorized by the appropriate air traffic control unit;

(d) where the aerodrome is an airport, comply with any airport operating restrictions specified by the Minister in the Canada Flight Supplement;

(e) where practicable, land and take off into the wind unless otherwise authorized by the appropriate air traffic control unit;

(f) maintain a continuous listening watch on the appropriate frequency for aerodrome control communications or, if this is not possible and an air traffic control unit is in operation at the aerodrome, keep a watch for such instructions as may be issued by visual means by the air traffic control unit; and

(g) where the aerodrome is a controlled aerodrome, obtain from the appropriate air traffic control unit, either by radio communication or by visual signal, clearance to taxi, take off from or land at the aerodrome.

(4) Unless otherwise authorized by the appropriate air traffic control unit, no pilot-in-command shall operate an aircraft at an altitude of less than 2,000 feet over an aerodrome except for the purpose of landing or taking off or if the aircraft is operated pursuant to subsection (5).

(5) Where it is necessary for the purposes of the operation in which the aircraft is engaged, a pilot-in-command may operate an aircraft at an altitude of less than 2,000 feet over an aerodrome, where it is being operated

(a) in the service of a police authority;

(b) for the purpose of saving human life;

(c) for fire-fighting or air ambulance operations;

(d) for the purpose of the administration of the Fisheries Act or the Coastal Fisheries Protection Act;

(e) for the purpose of the administration of the national or provincial parks;

(f) for the purpose of flight inspection;

(g) for the purpose of aerial application or aerial inspection;

(h) for the purpose of highway or city traffic patrol;

(i) for the purpose of aerial photography conducted by the holder of an air operator certificate;

(j) for the purpose of helicopter external load operations; or

(k) for the purpose of flight training conducted by the holder of a flight training unit operator certificate.

(6) No person shall conduct a take-off or landing at a designated airport without an aircraft fire-fighting service in an aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers if the aeroplane is operated under
(amended 2003/03/01; no previous version)

(a) Part VI, Subpart 4; or

(b) Part VII, Subpart 1 or 5.

(7) Subsection (6) does not apply in respect of
(amended 2003/03/01; no previous version)

(a) a cargo flight without passengers,

(b) a ferry flight,

(c) a positioning flight,

(d) a training flight if no fare-paying passengers are on board;

(e) the arrival of an aeroplane when the airport is being used for a diversion or as an alternate aerodrome; or

(f) the subsequent departure of an aeroplane referred to in paragraph (e) if

(i) the air operator or private operator has notified the operator of the designated airport of the intended time of departure,

(ii) the operator of the designated airport has advised the air operator or private operator that aircraft fire-fighting services cannot be made available within one hour after the later of the time that notification was given under subparagraph (i) and the time of landing, and

(iii) the pilot-in-command and the operations manager of the air operator or private operator have agreed that the aeroplane will depart without aircraft fire-fighting services being available.

VFR and IFR Aircraft Operations at Uncontrolled Aerodromes within an MF Area

602.97 (1) Subject to subsection (3), no pilot-in-command shall operate a VFR or IFR aircraft within an MF area unless the aircraft is equipped with radiocommunication equipment pursuant to Subpart 5.

(2) The pilot-in-command of a VFR or IFR aircraft operating within an MF area shall maintain a listening watch on the mandatory frequency specified for use in the MF area.

(3) The pilot-in-command of a VFR aircraft that is not equipped with the radiocommunication equipment referred to in subsection (1) may operate the aircraft to or from an uncontrolled aerodrome that lies within an MF area if

(a) a ground station is in operation at the aerodrome;

(b) prior notice of the pilot-in-command's intention to operate the aircraft at the aerodrome has been given to the ground station;

(c) when conducting a take-off, the pilot-in-command ascertains by visual observation that there is no likelihood of collision with another aircraft or a vehicle during take-off; and

(d) when approaching for a landing, the aircraft enters the aerodrome traffic circuit from a position that will require it to complete two sides of a rectangular circuit before turning onto the final approach path.

General MF Reporting Requirements

602.98 (1) Every report made pursuant to this Division shall be made on the mandatory frequency that has been specified for use in the applicable MF area.

(2) Every report referred to in subsection (1) shall be

(a) directed to the ground station associated with the MF area, if a ground station exists and is in operation; or

(b) broadcast, if a ground station does not exist or is not in operation.

MF Reporting Procedures before Entering Manoeuvring Area

602.99 The pilot-in-command of a VFR or IFR aircraft that is operated at an uncontrolled aerodrome that lies within an MF area shall report the pilot-in-command's intentions before entering the manoeuvring area of the aerodrome.

MF Reporting Procedures on Departure

602.100 The pilot-in-command of a VFR or IFR aircraft that is departing from an uncontrolled aerodrome that lies within an MF area shall

(a) before moving onto the take-off surface, report the pilot-in-command's departure procedure intentions;

(b) before take-off, ascertain by radiocommunication and by visual observation that there is no likelihood of collision with another aircraft or a vehicle during take-off; and

(c) after take-off, report departing from the aerodrome traffic circuit.

MF Reporting Procedures on Arrival

602.101 The pilot-in-command of a VFR aircraft arriving at an uncontrolled aerodrome that lies within an MF area shall report

(a) before entering the MF area and, where circumstances permit, shall do so at least five minutes before entering the area, giving the aircraft's position, altitude and estimated time of landing and the pilot-in-command's arrival procedure intentions;

(b) when joining the aerodrome traffic circuit, giving the aircraft's position in the circuit;

(c) when on the downwind leg, if applicable;

(d) when on final approach; and

(e) when clear of the surface on which the aircraft has landed.

MF Reporting Procedures When Flying Continuous Circuits

602.102 The pilot-in-command of a VFR aircraft carrying out continuous circuits at an uncontrolled aerodrome that lies within an MF area shall report

(a) when joining the downwind leg of the circuit;

(b) when on final approach, stating the pilot-in-command's intentions; and

(c) when clear of the surface on which the aircraft has landed.

Reporting Procedures When Flying through an MF Area

602.103 The pilot-in-command of an aircraft flying through an MF area shall report

(a) before entering the MF area and, where circumstances permit, shall do so at least five minutes before entering the area, giving the aircraft's position and altitude and the pilot-in-command's intentions; and

(b) when clear of the MF area.

Reporting Procedures for IFR Aircraft When Approaching or Landing at an Uncontrolled Aerodrome

602.104 (1) This section applies to persons operating IFR aircraft when approaching or landing at an uncontrolled aerodrome, whether or not the aerodrome lies within an MF area.

(2) The pilot-in-command of an IFR aircraft who intends to conduct an approach to or a landing at an uncontrolled aerodrome shall report

(a) the pilot-in-command's intentions regarding the operation of the aircraft

(i) five minutes before the estimated time of commencing the approach procedure, stating the estimated time of landing,

(ii) when commencing a circling manoeuvre, and

(iii) as soon as practicable after initiating a missed approach procedure; and

(b) the aircraft's position

(i) when passing the fix outbound, where the pilot-in-command intends to conduct a procedure turn or, if no procedure turn is intended, when the aircraft first intercepts the final approach course,

(ii) when passing the final approach fix or three minutes before the estimated time of landing where no final approach fix exists, and

(iii) on final approach.

Noise Operating Criteria

602.105 No person shall operate an aircraft at or in the vicinity of an aerodrome except in accordance with the applicable noise abatement procedures and noise control requirements specified by the Minister in the Canada Air Pilot or Canada Flight Supplement, including the procedures and requirements relating to

(a) preferential runways;

(b) minimum noise routes;

(c) hours when aircraft operations are prohibited or restricted;

(d) arrival procedures;

(e) departure procedures;

(f) duration of flights;

(g) the prohibition or restriction of training flights;

(h) VFR or visual approaches;

(i) simulated approach procedures; and

(j) the minimum altitude for the operation of aircraft in the vicinity of the aerodrome.

Noise-restricted Runways

602.106 (1) Subject to subsection (2), no person shall operate a subsonic turbo-jet aeroplane that has a maximum certificated take-off weight of more than 34 000 kg (74,956 pounds) on take-off at a noise-restricted runway set out in column II of an item of the table to this section at an aerodrome set out in column I of that item, unless there is on board

(a) a certificate of airworthiness indicating that the aeroplane meets the applicable noise emission standards;

(b) a certificate of noise compliance issued in respect of the aeroplane; or

(c) where the aeroplane is not a Canadian aircraft, a document issued by the state of registry that specifies that the aeroplane meets the applicable noise emission requirements of that state.

(2) Subsection (1) does not apply

(a) to the extent that it is inconsistent with any obligation assumed by Canada in respect of a foreign state in a treaty, convention or agreement;

(b) where the pilot-in-command of an aircraft has declared an emergency; or

(c) where an aircraft is operated on

(i) an air evacuation operation,

(ii) any other emergency air operation , or

(iii) a departure from an aerodrome at which it was required to land because of an emergency.

* Information taken from the aeronautical information publication of the Department of Transport entitled Canada Flight Supplement

602.107 to 602.113 Reserved

DIVISION VI - VISUAL FLIGHT RULES

Minimum Visual Meteorological Conditions for VFR Flight in Controlled Airspace

602.114 No person shall operate an aircraft in VFR flight within controlled airspace unless

(a) the aircraft is operated with visual reference to the surface;

(b) flight visibility is not less than three miles;

(c) the distance of the aircraft from cloud is not less than 500 feet vertically and one mile horizontally; and

(d) where the aircraft is operated within a control zone,

(i) when reported, ground visibility is not less than three miles, and

(ii) except when taking off or landing, the distance of the aircraft from the surface is not less than 500 feet.

Minimum Visual Meteorological Conditions for VFR Flight in Uncontrolled Airspace

602.115 No person shall operate an aircraft in VFR flight within uncontrolled airspace unless

(a) the aircraft is operated with visual reference to the surface;

(b) where the aircraft is operated at or above 1,000 feet AGL

(i) during the day, flight visibility is not less than one mile,

(ii) during the night, flight visibility is not less than three miles, and

(iii) in either case, the distance of the aircraft from cloud is not less than 500 feet vertically and 2,000 feet horizontally;

(c) where the aircraft is not a helicopter and is operated at less than 1,000 feet AGL

(i) during the day, flight visibility is not less than two miles, except if otherwise authorized in an air operator certificate or a private operator certificate,

(ii) during the night, flight visibility is not less than three miles, and

(iii) in either case, the aircraft is operated clear of cloud; and

(d) where the aircraft is a helicopter and is operated at less than 1,000 feet AGL

(i) during the day, flight visibility is not less than one mile, except if otherwise authorized in an air operator certificate or a flight training unit operator certificate - helicopter,

(ii) during the night, flight visibility is not less than three miles, and

(iii) in either case, the aircraft is operated clear of cloud.

VFR Over-the-Top

602.116 Notwithstanding paragraphs 602.114(a) and 602.115(a), an aircraft may be operated in VFR OTT flight during the cruise portion of the flight during the day if

(a) the aircraft is operated at a vertical distance from cloud of at least 1,000 feet;

(b) where the aircraft is operated between two cloud layers, the vertical distance between the layers is at least 5,000 feet;

(c) flight visibility at the cruising altitude of the aircraft is at least five miles; and

(d) the weather at the aerodrome of destination is forecast to have a sky condition of scattered cloud or clear and a ground visibility of five miles or greater with no forecast of precipitation, fog, thunderstorms or blowing snow, and those conditions are forecast to exist

(i) where the forecast is an aerodrome forecast (TAF), for the period from one hour before to two hours after the estimated time of arrival; and

(ii) where an aerodrome forecast (TAF) is not available and the forecast is an area forecast (FA), for the period from one hour before to three hours after the estimated time of arrival.

Special VFR Flight

602.117 (1) Notwithstanding paragraph 602.114(b), an aircraft may be operated in special VFR flight within a control zone if

(a) weather conditions preclude compliance with paragraph 602.114(b);

(b) flight visibility is not less than

(i) one mile, where the aircraft is not a helicopter, or

(ii) one-half mile, where the aircraft is a helicopter;

(c) the aircraft is operated clear of cloud and with visual reference to the surface at all times; and

(d) authorization to do so has been requested and obtained from the appropriate air traffic control unit.

(2) Where aerodrome traffic permits, an air traffic control unit shall authorize a pilot-in-command to operate an aircraft in special VFR flight within a control zone if

(a) the pilot-in-command requests authorization to operate the aircraft in special VFR flight;

(b) when reported, ground visibility within the control zone is not less than

(i) one mile, where the aircraft is not a helicopter, or

(ii) one-half mile, where the aircraft is a helicopter;

(c) the aircraft is equipped with radiocommunication equipment capable of maintaining communication with the appropriate air traffic control unit; and

(d) the aircraft is not a helicopter and is operated during the night, and the authorization is for the purpose of allowing the aircraft to land at the destination aerodrome.
(amended 2006/06/30; previous version)

602.118 to 602.120 Reserved

DIVISION VII - INSTRUMENT FLIGHT RULES

General Requirements

602.121 (1) No pilot-in-command shall operate an aircraft in IMC in any class of airspace, except in accordance with IFR.

(2) No pilot-in-command of an aircraft shall conduct an IFR flight within controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance pursuant to section 602.31.

Alternate Aerodrome Requirements

602.122 Except as otherwise authorized by the Minister in an air operator certificate or in a private operator certificate, no pilot-in-command shall operate an aircraft in IFR flight unless the IFR flight plan or IFR flight itinerary that has been filed for the flight pursuant to section 602.73 includes an alternate aerodrome having a landing area suitable for use by that aircraft.

 Alternate Aerodrome Weather Minima

602.123 No pilot-in-command of an aircraft shall include an alternate aerodrome in an IFR flight plan or IFR flight itinerary unless available weather information indicates that the ceiling and visibility at the alternate aerodrome will, at the expected time of arrival, be at or above the alternate aerodrome weather minima specified in the Canada Air Pilot.

Minimum Altitudes to Ensure Obstacle Clearance

602.124 (1) Subject to subsections (2) and (3), the pilot-in-command of an IFR aircraft shall, except when taking off or landing, or when being radar-vectored by an air traffic control unit, ensure that the aircraft is operated at or above

(a) the MOCA, when the aircraft is on an airway or air route; and

(b) the minimum altitude established by the Minister to ensure obstacle clearance and specified on an IFR chart, when the aircraft is within airspace in respect of which such a minimum altitude has been established.

(2) When an aircraft referred to in subsection (1) is not being operated on an airway or air route or within airspace in respect of which a minimum altitude referred to in paragraph (1)(b) has been established, the pilot-in-command shall ensure that the aircraft is operated at or above

(a) an altitude of 1,000 feet above the highest obstacle located within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight;

(b) in a region designated as a mountainous region in the Designated Airspace Handbook and identified therein as area 1 or 5, an altitude of 2,000 feet above the highest obstacle within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight; and

(c) in a region designated as a mountainous region in the Designated Airspace Handbook and identified therein as area 2, 3 or 4, an altitude of 1,500 feet above the highest obstacle within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight.

(3) If aviation safety would be at risk as a result of the presence of obstacles to air navigation, the Minister may issue a NOTAM that establishes a higher minimum altitude requirement than that referred to in subsection (1) or (2).

Enroute IFR Position Reports

602.125 (1) The pilot-in-command of an IFR aircraft shall transmit position reports over compulsory reporting points specified on an IFR chart unless advised by the appropriate air traffic control unit that the aircraft is radar-identified.
(amended 2006/06/30; previous version)

(2) A position report transmitted pursuant to subsection (1) shall contain the information specified by the Minister in the Canada Flight Supplement.

Take-off Minima

602.126 (1) No pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in

(a) the air operator certificate where the aircraft is operated in accordance with Part VII;

(b) the private operator certificate where the aircraft is operated in accordance with Subpart 4; or

(c) the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).

(2) For the purposes of subsection (1), the take-off visibility is

(a) the RVR of the runway, if the RVR is reported to be at or above the minimum take-off visibility specified in a document or the manual referred to in subsection (1);

(b) the ground visibility of the aerodrome for the runway, if the RVR

(i) is reported to be less than the minimum take-off visibility specified in a document or the manual referred to in subsection (1),

(ii) is reported to vary between distances less than and greater than the minimum take‑off visibility specified in the Canada Air Pilot or a certificate referred to in subsection (1), or
(amended 2006/12/01; previous version)

(iii) is not reported; or

(c) the runway visibility as observed by the pilot-in-command, if
(amended 2006/12/01; previous version)

(i) the RVR is not reported, and

(ii) the ground visibility of the aerodrome is not reported.

Instrument Approaches

602.127 (1) Unless otherwise authorized by the appropriate air traffic control unit, the pilot-in-command of an IFR aircraft shall, when conducting an approach to an aerodrome or a runway, ensure that the approach is made in accordance with the instrument approach procedure.

(2) No pilot-in-command of an IFR aircraft shall commence an instrument approach procedure unless the aircraft altimeter is set to an altimeter setting that is usable at the aerodrome where the approach is to be conducted.

Landing Minima

602.128 (1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory.

(2) No pilot-in-command of an IFR aircraft shall, unless the required visual reference necessary to continue the approach to land has been established,

(a) in the case of a CAT I or CAT II precision approach, continue the final approach descent below the decision height; or
(amended 2006/12/01; previous version)

(b) in the case of a non-precision approach, descend below the minimum descent altitude.

(3) Where the pilot-in-command of an IFR aircraft conducting an instrument approach does not establish the required visual reference referred to in subsection (2), the pilot-in-command shall initiate a missed approach procedure

(a) in the case of a CAT I or CAT II precision approach, at decision height; and
(amended 2006/12/01; previous version)

(b) in the case of a non-precision approach, at the missed approach point.

(4) Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless

(a) the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and

(b) the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).

Approach Ban - General

602.129 (1) This section does not apply in respect of aircraft operated under Part VII.
(amended 2006/12/01; previous version)

(2) For the purposes of subsection (4), the RVR with respect to an aeroplane is less than the minimum RVR if
(amended 2006/12/01; previous version)

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the runway of intended approach is less than 1,200 feet or the RVR measured by RVR “B” for the runway of intended approach is less than 600 feet; or
(amended 2006/12/01; previous version)

(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the runway of intended approach is less than 1,200 feet.
(amended 2006/12/01; previous version)

(3) For the purposes of subsection (4), the RVR with respect to a helicopter is less than the minimum RVR if
(amended 2006/12/01; previous version)

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the surface of intended approach is less than 1,200 feet; or
(amended 2006/12/01; previous version)

(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the surface of intended approach is less than 1,200 feet.
(amended 2006/12/01; previous version)

(4) Where the RVR is reported to be less than the minimum RVR set out in subsection (2) or (3), as applicable, no person shall continue an instrument approach in an IFR aircraft unless
(amended 2006/12/01; previous version)

(a) at the time the RVR report is received, the aircraft has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted;
(amended 2006/12/01; previous version)

(b) the aircraft is on a training flight where a landing is not intended and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or minimum descent altitude, as appropriate;
(amended 2006/12/01; previous version)

(c) the RVR is varying between distances less than and greater than the minimum RVR;
(amended 2006/12/01; previous version)

(d) the RVR is less than the minimum RVR, and the ground visibility at the aerodrome where the runway is located is reported to be at least one quarter of a mile; or
(amended 2006/12/01; previous version)

(e) the pilot‑in‑command of the aircraft is conducting a precision approach to CAT III minima.
(amended 2006/12/01; previous version)

(5) No pilot‑in‑command of an IFR aircraft shall commence a non‑precision approach, an APV or a CAT I or CAT II precision approach to an airport where low‑visibility procedures are in effect.
(amended 2006/12/01; no previous version)

Approach Ban - CAT III Precision
(amended 2006/12/01; previous version)

602.130 (1) This section does not apply in respect of aircraft operated under Part VII.
(amended 2006/12/01; previous version)

(2) No person shall continue a CAT III precision approach in an IFR aircraft beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR reported is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted.
(amended 2006/12/01; previous version)

Runway Visibility
(amended 2006/12/01; previous version)

602.131 (1) When no reading from RVR “A” or RVR “B” for the runway of intended approach is available, runway visibility is assessed
(amended 2006/12/01; previous version)

(a) by a pilot holding an instrument rating and in the manner set out in section 622.131 of Standard 622 — Pilot Assessment of Runway Visibility Standards of the General Operating and Flight Rules Standards; or

(b) by a person qualified in accordance with section 804.26 and in the manner set out in section 804.25.

(2) The assessment of runway visibility is valid only for a period of 20 minutes after it is established.
(amended 2006/12/01; previous version)

602.132 Reserved
(amended 2006/12/01; previous version)

DIVISION VIII - RADIOCOMMUNICATIONS

Language Used in Aeronautical Radiocommunications

602.133 English and French are the languages of aeronautical radiocommunication in Canada.

Locations Where Services Are Available in English and French

602.134 (1) Any person operating an aircraft who wishes to receive the services referred to in this section in one of either English or French shall so indicate to the appropriate air traffic control unit or flight service station by means of an initial radiocommunication in English or French, as appropriate.

(2) Every flight service station set out in Table 1 to this section and every air traffic control unit set out in Table 3 to this section shall provide advisory services in English and French.

(3) Every air traffic control unit set out in Table 3 to this section shall provide air traffic services in English and French.

(4) Every temporary air traffic control unit located in the province of Quebec shall provide air traffic services in English and French.

(5) Every flight service station set out in Table 2 to this section shall provide, between any person operating an aircraft and any air traffic control unit set out in Table 3 to this section, a relay service of IFR air traffic control messages in English or French, as indicated by that person.

Table 1 - Flight Service Stations where Advisory Services are Available in English and French

Table 2 - Flight Service Stations where Relay Services of IFR Air Traffic Control Messages are Available In English and French

Table 3 - Air Traffic Control Units where Advisory Services and Air Traffic Control Services are Available in English and French

Locations Where Services Are Available in English

602.135 All air traffic control units and flight service stations shall provide aeronautical radiocommunication services in English.

Continuous Listening Watch

602.136 Subject to sections 602.137 and 602.138, where an aircraft is equipped with radiocommunication equipment, the pilot-in-command shall ensure that

(a) a listening watch is maintained on the appropriate frequency; and

(b) where communications are required, communication is established with an air traffic control unit, flight service station or community aerodrome radio station, as applicable, on that appropriate frequency.

Two-way Radiocommunication Failure in IFR Flight

602.137 (1) Where there is a two-way radiocommunication failure between the controlling air traffic control unit and an IFR aircraft that is in or has received a clearance to enter controlled airspace, the pilot-in-command shall

(a) maintain a listening watch on the appropriate frequency for control messages or further clearance and acknowledge receipt of any such messages, if possible, by any means available;

(b) set the transponder to code 7600; and

(c) attempt to establish communications with any air traffic services facility or other aircraft, inform the facility or aircraft of the difficulty and request it to relay the information to the last air traffic control unit with which communications had been established.

(2) Where communications cannot be established with any air traffic services facility, either directly or by relay through an intermediary, the pilot-in-command shall, except where specific instructions to cover an anticipated communications failure have been received from an air traffic control unit, comply with the procedures specified by the Minister in the Canada Air Pilot and the Canada Flight Supplement.

Two-way Radiocommunication Failure in VFR Flight

602.138 Where there is a two-way radiocommunication failure between the controlling air traffic control unit and a VFR aircraft while operating in Class B, Class C or Class D airspace, the pilot-in-command shall

(a) leave the airspace

(i) where the airspace is a control zone, by landing at the aerodrome for which the control zone is established, and

(ii) in any other case, by the shortest route;

(b) where the aircraft is equipped with a transponder, set the transponder to code 7600; and

(c) inform an air traffic control unit as soon as possible of the actions taken pursuant to paragraph (a).

602.139 to 602.142 Reserved

DIVISION IX - EMERGENCY COMMUNICATIONS AND SECURITY

Emergency Radio Frequency Capability

602.143 No person shall operate an aircraft equipped with two-way VHF radiocommunication equipment unless the equipment is capable of providing communication on VHF frequency 121.5 MHz.

Interception Signals, Interception of Aircraft and Instructions to Land

602.144 (1) No person shall give an interception signal or an instruction to land except

(a) a peace officer, an officer of a police authority or an officer of the Canadian Forces acting within the scope of their duties; or

(b) a person authorized to do so by the Minister pursuant to subsection (2).

(2) The Minister may authorize a person to give an interception signal or an instruction to land if such authorization is in the public interest and is not likely to affect aviation safety.

(3) The pilot-in-command of an aircraft who receives an instruction to land from a person referred to in subsection (1) shall, subject to any direction received from an air traffic control unit, comply with the instruction.

(4) The pilot-in-command of an intercepting aircraft and the pilot-in-command of an intercepted aircraft shall comply with the rules of interception set out in the Canada Flight Supplement.

ADIZ

602.145 (1) This section applies in respect of aircraft before entering into and while operating within the ADIZ, the dimensions of which are specified in the Designated Airspace Handbook.

(2) Every flight plan or flight itinerary required to be filed pursuant to this section shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station.

(3) The pilot-in-command of an aircraft whose point of departure within the ADIZ or last point of departure before entering the ADIZ has facilities for the transmission of flight plan or flight itinerary information shall

(a) before take-off, file a flight plan or flight itinerary;

(b) in the case of a VFR aircraft where the point of departure is outside the ADIZ,

(i) indicate in the flight plan or flight itinerary the estimated time and point of ADIZ entry, and

(ii) as soon as possible after take-off, communicate by radio to an air traffic control unit, a flight service station or a community aerodrome radio station a position report of the aircraft's location, altitude, aerodrome of departure and estimated time and point of ADIZ entry; and

(c) in the case of a VFR aircraft where the point of departure is within the ADIZ, as soon as possible after take-off, communicate by radio to an air traffic control unit, a flight service station or a community aerodrome radio station a position report of the aircraft's location, altitude and aerodrome of departure.

(4) The pilot-in-command of an aircraft whose point of departure within the ADIZ or last point of departure before entering the ADIZ does not have facilities for the transmission of flight plan or flight itinerary information shall

(a) as soon as possible after take-off, file by radiocommunication a flight plan or flight itinerary; and

(b) in the case of a VFR aircraft, indicate in the flight plan or flight itinerary the estimated time and point of ADIZ entry, if applicable.

(5) The pilot-in-command of a VFR aircraft shall revise the estimated time and point of ADIZ entry and inform an air traffic control unit, a flight service station or a community aerodrome radio station, when the aircraft is not expected to arrive

(a) within plus or minus five minutes of the estimated time at

(i) a reporting point,

(ii) the point of ADIZ entry, or

(iii) the point of destination within the ADIZ; or

(b) within 20 nautical miles of

(i) the estimated point of ADIZ entry, or

(ii) the centre line of the route of flight indicated in the flight plan or flight itinerary.

ESCAT Plan
(amended 2002/09/24; previous version)

602.146 (1) This section applies in respect of aircraft before entering into and while operating within Canadian domestic airspace or the ADIZ.

(2) The pilot-in-command of an aircraft referred to in subsection (1) who is notified by an air traffic control unit of the implementation of the ESCAT Plan shall
(amended 2002/09/24; previous version)

(a) before take-off, obtain approval for the flight from the appropriate air traffic control unit or flight service station;

(b) comply with any instruction to land or to change course or altitude that is received from the appropriate air traffic control unit or flight service station; and

(c) provide the appropriate air traffic control unit or flight service station with position reports

(i) when operating within controlled airspace, as required pursuant to section 602.125, and

(ii) when operating outside controlled airspace, at least every 30 minutes.

602.147 to 602.149 Reserved

DIVISION X - AIRCRAFT NOISE EMISSION LEVELS - TRANSITION TO CHAPTER 3 AEROPLANES

Interpretation

602.150 In this Division,

"base level" - means the original base level of an operator and any subsequent changes to it made pursuant to subsection 6(3) or section 8 of the Order or section 602.155; (niveau de base)

"Chapter 2 aeroplane" - means an aeroplane that does not conform to the noise emission standards set out in Chapter 3 of ICAO Annex 16, Volume I, second edition, 1988, or the Stage 3 noise limits set out in section C36.5(a)(3) of Appendix C of Part 36 of the Federal Aviation Regulations, published by the Government of the United States, in effect on August 18, 1990; (avion - chapitre 2)

"Chapter 3 aeroplane" - means a subsonic turbo-jet aeroplane with a MCTOW of 34 000 kg (74,956 pounds) or greater that conforms to the noise emission standards set out in Chapter 3 of ICAO Annex 16, Volume I, second edition, 1988, or the Stage 3 noise limits set out in section C36.5(a)(3) of Appendix C of Part 36 of the Federal Aviation Regulations, published by the Government of the United States, in effect on August 18, 1990; (avion - chapitre 3)

"fleet" - means the Chapter 2 and Chapter 3 aeroplanes owned, leased or leased out by an operator that are intended for operation in Canada; (flotte)

"new entrant" - means an operator that had not begun operating an aeroplane to or from an aerodrome in Canada as of August 1, 1995, and includes a Canadian operator that elected to operate an aeroplane in Canada as a new entrant pursuant to section 7 of the Order or section 602.154; (nouvel entrant)

"northern operation" - means the take-off or landing of an aeroplane at an aerodrome within the designated area as that term is defined in subsection 67(1) of the National Transportation Act, 1987; (opération dans le Nord)

"Order" - means the Transition to Chapter 3 Aeroplanes Order (Air Navigation Order, Series V, No. 35) that was registered as SOR/95-389 and that came into force on August 1, 1995; (Arrêté)

"original base level" - means the base level of an operator established pursuant to subsection 6(2) of the Order; (niveau de base initial)

"wide-body aeroplane" - means an aeroplane that, in its passenger configuration, has more than one aisle. (gros porteur)

Application

602.151 (1) Subject to subsection (2), this Division applies to operators that operate, in Canada, Chapter 2 aeroplanes or Chapter 3 aeroplanes.

(2) This Division does not apply in respect of aeroplanes that use no aerodrome in Canada other than Gander International Airport.

(3) Any reference in this Division to Chapter 3 of ICAO Annex 16, Volume I, second edition, 1988, or to Part 36 of the Federal Aviation Regulations is a reference only to that Chapter or Part and any documents that are referred to in that Chapter or Part are for informational purposes only.

Final Compliance Requirement

602.152 After April 1, 2002, no person shall operate an aeroplane to or from an aerodrome in Canada unless the aeroplane

(a) is a Chapter 3 aeroplane;

(b) has a MCTOW of less than 34 000 kg (74,956 pounds); or

(c) is operated pursuant to an exemption issued under section 602.159 or 602.160.

Importation of Chapter 2 Aeroplanes

602.153 (1) Subject to subsection (2), no person shall operate a Chapter 2 aeroplane that was imported into Canada after August 1, 1995, unless the aeroplane

(a) is operated only for the purpose of northern operations and no Canadian aeroplane is available that is suitable for operation on a gravel runway;

(b) is operated as a replacement for an aeroplane that was included as part of the operator's original base level and that was removed from service and was not transferred to another operator; or

(c) was imported from the United States and the operator meets the applicable requirements respecting the phase-in of Chapter 3 aeroplanes set out in Part 91 of the Federal Aviation Regulations.

(2) Subsection (1) does not apply in respect of a Chapter 2 aeroplane that is owned by a Canadian operator and that was leased to a foreign operator on August 1, 1995, where the aeroplane

(a) was reported to the Minister in writing as part of the operator's original base level pursuant to subsection 6(1) of the Order; and

(b) is returned to Canada not later than six months after the date of the expiration of the lease agreement or of any extensions thereof.

Election to Operate an Aeroplane as a New Entrant

602.154 A Canadian operator that operates an aeroplane in the United States in accordance with Part 91 of the Federal Aviation Regulations as a new entrant, as that term is defined in that Part, may elect to operate the aeroplane as a new entrant in Canada, where the operator had notified the Minister in writing of such election by September 14, 1995 pursuant to section 7 of the Order.

Transfers of Chapter 2 Aeroplanes and Base Level

602.155 (1) An operator may transfer legal custody and control of a Chapter 2 aeroplane to another person with or without transferring the amount of base level that corresponds to that aeroplane.

(2) An operator may not transfer an amount of base level to another person unless the operator also transfers to that person legal custody and control of the number of Chapter 2 aeroplanes that corresponds to that amount of base level.

Report of Changes to Base Level

602.156 Every operator shall report to the Minister in writing any changes that are made to the operator's base level pursuant to section 602.155 within 60 days after the day on which the change is made.

Compliance Schedule

602.157 (1) Every operator that reported an original base level to the Minister in writing pursuant to subsection 6(1) of the Order shall ensure that

(a) on the compliance date set out in column I of each item of Table 1 to this section, the number of Chapter 2 aeroplanes in the operator's fleet, expressed as a percentage of base level, is equal to or less than the percentage set out in column II of that item; or

(b) on the compliance date set out in column I of each item of Table 2 to this section, the number of Chapter 3 aeroplanes in the operator's fleet, expressed as a percentage of the fleet, is equal to or greater than the percentage set out in column II of that item.

(2) Every operator that did not report an original base level to the Minister in writing pursuant to subsection 6(1) of the Order and every new entrant shall, on the compliance date set out in column I of each item of Table 2 to this section, ensure that the number of Chapter 3 aeroplanes in the operator's fleet, expressed as a percentage of the fleet, is equal to or greater than the percentage set out in column III of that item.

(3) An operator is not required to include wide-body aeroplanes in the operator's fleet for the purposes of this section.

(4) No operator shall include a Chapter 3 aeroplane in the operator's fleet for the purpose of complying with this Division if the aeroplane has been included in the fleet of another operator for the same purpose.

(5) Where a calculation made for the purpose of determining a percentage referred to in subsection (1) or (2) results in a number that is not a whole number, that number may, at the option of the operator, be rounded either up or down to the next whole number.

Table 1 - Phase-out of Chapter 2 Aeroplanes

Table 2 - Phase-in of Chapter 3 Aeroplanes

Credits

602.158 An operator that exceeds a requirement imposed by paragraph 602.157(1)(a) or (b) or subsection 602.157(2), or by section 10 of the Order, in respect of a compliance date set out in column I of an item of Table 1 or 2 to section 602.157 is entitled to a credit equal to the amount by which the requirement is exceeded, which credit may be used by the operator to meet any further requirement imposed by that paragraph or subsection in respect of a subsequent compliance date set out in that Table.

Temporary Exemption from Final Compliance

602.159 (1) A Canadian operator of an aeroplane, or a foreign operator of an aeroplane registered in a foreign state that issues equivalent exemptions to Canadian operators, may apply for a temporary exemption from the requirements of paragraph 602.152(a) in respect of that aeroplane if the application is submitted in writing to the Minister by no later than April 1, 2001.

(2) The Minister shall approve an application made pursuant to subsection (1) if the operator demonstrates that

(a) at least 85 per cent of the aeroplanes operated by the operator to or from an aerodrome in Canada will be Chapter 3 aeroplanes on or before October 1, 2001; and

(b) each Chapter 2 aeroplane operated by the operator to or from an aerodrome in Canada will, as soon as practicable,

(i) be replaced by a Chapter 3 aeroplane, as demonstrated by proof of a firm order to lease or buy the Chapter 3 aeroplane, or

(ii) be converted to a Chapter 3 aeroplane, as demonstrated by proof of a signed contract for such a conversion.

(3) The duration of an exemption issued pursuant to this section shall be determined by the Minister, based on the material provided by the operator in connection with the application and on the time needed by the operator to modify the composition of the operator's fleet, but no exemption shall be issued pursuant to this section that would permit the operation of a Chapter 2 aeroplane after December 31, 2003.

Northern Operations Exemption

602.160 (1) A Canadian operator may apply to the Minister in writing for an exemption from paragraph 602.152(a) and section 602.157 that would allow the operator to operate one or more Chapter 2 aeroplanes for the purpose of northern operations.

(2) The Minister shall issue an exemption referred to in subsection (1) if

(a) the application sets out

(i) a description of the aeroplanes in respect of which the exemption is sought,

(ii) the northern communities to be served by the aeroplanes, and

(iii) the aerodromes at which the aeroplanes will take off or land; and

(b) the aeroplanes are suitable for operation on gravel runways.

Operation of an Aeroplane in Accordance with a Northern Operations Exemption

602.161 A Canadian operator may operate a Chapter 2 aeroplane in respect of which an exemption has been issued pursuant to section 602.160 to conduct northern operations at aerodromes located in the area that is south of the designated area, as that term is defined in subsection 67(1) of the National Transportation Act, 1987, where

(a) the operator uses, during any one flight, no more than three aerodromes located in the area south of the designated area; or

(b) the aeroplane is being operated on a ferry flight to a maintenance facility.

Annual Progress Report

602.162 Every operator shall, not later than 60 days after the end of each calendar year, submit an annual report to the Minister detailing the composition of the operator's fleet and the progress the operator has made towards complying with the requirements of this Division.

602.163 to 602.169 Reserved