AvRegs Canada

← Canadian Aviation Regulations

Part VII — Commercial Air Services

Division I — General

Interpretation

700.01 history

In this Part,

acclimatized describes a flight crew member whose biorhythm is aligned with local time; (acclimaté)

all-cargo aeroplane means an aeroplane that is equipped and used mainly for the carriage of goods; (avion tout-cargo)

areas of operation means areas in which operations are conducted between points in Canada, between points in Canada and points abroad, and between points abroad; (régions d’exploitation)

class 1 rest facility means a bunk or other horizontal surface located in an area that

(a)

is separated from the flight deck and passenger cabin;

(b)

has devices to control the temperature and light; and

(c)

is subject to a minimal level of noise and other disturbances; (poste de repos de classe 1)

class 2 rest facility means a seat that allows for a horizontal sleeping position in an area that

(a)

is separated from passengers by a curtain or other means of separation that reduces light and sound;

(b)

is equipped with portable oxygen equipment; and

(c)

minimizes disturbances by passengers and crew members; (poste de repos de classe 2)

class 3 rest facility means a seat that reclines at least 40° from vertical and that has leg and foot support; (poste de repos de classe 3)

early duty means hours of work that begin between 02:00 and 06:59 at the location where the flight crew member is acclimatized; (service de début de journée)

employed on a full-time basis means working for an air operator on a continuous basis for at least the number of hours required to carry out the duties of the position for the safe operation of the commercial air service; (employé à temps plein)

extended charter means the charter of a Canadian commercial aircraft to a Canadian or foreign air operator for a period of 21 days or more in order to supplement the fleet of the charterer; (affrètement de durée prolongée)

farmer means a person whose primary source of income is derived from the tillage of the soil, the raising of livestock or poultry, dairy farming, the growing of grain, fruit, vegetables or tobacco, or any other operation of a similar nature; (agriculteur)

flight crew member on reserve means a flight crew member who has been designated by an air operator to be available to report for flight duty on notice of more than one hour; (membre d’équipage de conduite en réserve)

late duty means hours of work that end between midnight and 01:59 at the location where the flight crew member is acclimatized; (service de fin de journée)

local night’s rest means a rest period of at least nine hours that takes place between 22:30 and 09:30 at the location where the flight crew member is acclimatized; (nuit de repos locale)

main base means a location at which an air operator has personnel, aircraft and facilities for the conducting of aerial work or the operation of an air transport service and that is established as the principal place of business of the air operator; (base principale)

net take-off flight path means the one-engine-inoperative flight path that starts at a height of 35 feet at the end of the take-off distance required and extends to a height of at least 1,500 feet AGL, reduced at each point by a gradient of climb equal to 0.8 per cent for two-engined aeroplanes, 0.9 per cent for three-engined aeroplanes and 1.0 per cent for four-engined aeroplanes; (trajectoire nette de décollage)

night duty means hours of work that begin between 13:00 and 01:59 and that end after 01:59 at a location where the flight crew member is acclimatized; (service de nuit)

operations between points abroad means air service operations that are conducted wholly outside Canada for any length of time; (exploitation entre points à l’étranger)

reserve availability period means the period in any period of 24 consecutive hours during which a flight crew member on reserve is available to report for flight duty; (période de disponibilité en réserve)

reserve duty period means the period that begins at the time that a flight crew member on reserve is available to report for flight duty and ends at the time that the flight duty period ends; (période de service en réserve)

single day free from duty means time free from duty from the beginning of the first local night’s rest until the end of the following local night’s rest; (journée isolée sans service)

sub-base means a location at which an air operator positions aircraft and personnel and from which operational control is exercised in accordance with the air operator’s operational control system; (base secondaire)

TP 6327 means the document entitled Safety Criteria for Approval of Extended Range Twin-Engine Operations (ETOPS), published by the Department of Transport, or any document that replaces it; (TP 6327)

types of operation means VFR, VFR at night and IFR operations; (types de vols)

types of service means a domestic service, a scheduled international service, a non-scheduled international service and a sightseeing operation; (types de service)

visual approach means an approach in which the pilot-in-command of an IFR aircraft operating in VMC proceeds to the destination aerodrome by using visual reference to the surface and, as applicable, by maintaining visual separation from, and avoiding the wake turbulence of, a preceding aircraft; (approche visuelle)

window of circadian low means the period that begins at 02:00 and ends at 05:59 at the location where the flight crew member is acclimatized. (phase de dépression circadienne)

SOR/2003-121, s. 1; SOR/2009-152, s. 2; SOR/2018-269, s. 10; SOR/2025-98, s. 15; SOR/2025-226, s. 8

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Exception — Remotely Piloted Aircraft Systems

700.01.1 history

This Part does not apply in respect of the operation of remotely piloted aircraft systems.

SOR/2019-11, s. 22; SOR/2025-70, s. 42

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Requirements for Air Operator Certificate

700.02 history
(1)

No person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.

(2)

Subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving

(a)

the carriage on board of persons other than flight crew members;

(b)

the carriage of helicopter Class B, C or D external loads;

(c)

the towing of objects; or

(d)

the dispersal of products.

(3)

A person who does not hold an air operator certificate may conduct aerial work involving the dispersal of products if

(a)

the person is a farmer;

(b)

the person owns the aircraft that is used to disperse the products;

(c)

the products are dispersed for agricultural purposes; and

(d)

the dispersal of the products takes place within 25 miles of the centre of the person’s farm.

(4)

A person who holds a flight training unit operator certificate may conduct aerial work involving the carriage of persons other than flight crew members on board a single-engined aircraft if

(a)

the pilot-in-command is the holder of a pilot licence endorsed with a valid flight instructor rating in the appropriate category of aircraft;

(b)

the aircraft is operated in day VFR flight;

(c)

there are no more than nine passengers on board; and

(d)

the flight is conducted for the purpose of sightseeing operations.

(5)

Despite subsections (1) and (2), a person who does not hold an air operator certificate may operate an air transport service, or operate an aeroplane or helicopter to conduct aerial work involving the transport of passengers or goods, if

(a)

the person holds a private operator registration document;

(b)

the person operates the air transport service or conducts the aerial work under a management agreement with another person who has transferred to that person legal custody and control of the aircraft used to operate the service or to conduct the work;

(c)

the management agreement provides that the air transport service is operated or the aerial work is conducted exclusively in support of the activities of the person who has transferred legal custody and control of the aircraft; and

(d)

no payment is made in relation to the air transport service or the aerial work to a party to the management agreement by or on behalf of a passenger or the owner of a transported good unless the passenger or the owner is the person who has transferred legal custody and control of the aircraft.

SOR/99-158, s. 1; SOR/2004-29, s. 7(E); SOR/2014-131, s. 24; SOR/2020-253, s. 9; SOR/2025-241, s. 35

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Authorization to Operate Specialty Air Service Under CUSMA

700.03 history
(1)

A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a specialty air service in Canada in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Commercial Air Service Standards.

(2)

The Minister may, on receipt of a request referred to in subsection (1) and where the requirements of the Commercial Air Service Standards are met, issue an authorization containing the conditions under which the specialty air service may be operated.

(3)

An authorization referred to in subsection (1) is required in addition to an air operator certificate for those persons who are required to hold an air operator certificate pursuant to Subpart 2.

SOR/2020-150, s. 5

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Eligibility for Air Operator Certificate

700.04 history
(1)

A Canadian is eligible to hold an air operator certificate.

(2)

A person who is a citizen, permanent resident or corporation of a foreign state is eligible to hold an air operator certificate that authorizes the person to operate an air transport service in Canada if the person

(a)

holds a similar document of entitlement issued by the foreign state; and

(b)

meets the requirements of Subpart 1.

(3)

A person who is a citizen, permanent resident or corporation of the United States of America or Mexico is eligible to hold an air operator certificate that authorizes the person to conduct aerial work in Canada if

(a)

the aerial work is a specialty air service for which the person may obtain an operating certificate in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA; and

(b)

the person meets the requirements of Subpart 2.

SOR/2020-150, s. 5

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Aircraft Requirements

700.05 history
(1)

Subject to subsection (3), no Canadian air operator shall operate an aircraft in a commercial air service unless

(a)

a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft; and

(b)

in the case of an aircraft registered in another contracting state, the Minister has authorized its operation under Part II and, where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

(2)

No air operator that is a citizen, permanent resident or corporation of a foreign state shall operate an aircraft in a commercial air service in Canada unless

(a)

the aircraft is registered in Canada under Part II or in the foreign state; and

(b)

where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

(3)

The Minister may authorize the operation of an aircraft in aerial work under Subpart 2 if

(a)

a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft; or

(b)

a foreign flight authority that is the equivalent of a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft and validated by the Minister under section 507.05.

SOR/2002-112, s. 15

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Extended Charter

700.06 history

No air operator shall operate an aircraft on an extended charter unless the air operator

(a)

is authorized to do so in its air operator certificate; and

(b)

complies with the Commercial Air Service Standards.

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Management Agreement

700.07 history

No air operator shall manage another air operator’s operation unless the air operator that manages the operation

(a)

is authorized to do so in its air operator certificate; and

(b)

complies with the Commercial Air Service Standards.

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Operations between Points Abroad

700.08 history

No air operator shall operate an air service between points abroad unless the air operator

(a)

is authorized to do so in its air operator certificate; and

(b)

complies with the Commercial Air Service Standards.

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Duties of Certificate Holder

700.09 history
(1)

The holder of an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07 shall

(a)

appoint an operations manager and, where the holder does not hold an approved maintenance organization (AMO) certificate, a maintenance manager; and

(b)

ensure that the operations manager meets the requirements of

(i)

section 722.07 of Standard 722 — Aerial Work of the Commercial Air Service Standards,

(ii)

section 723.07 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards,

(iii)

section 723.07 of Standard 723 — Air Taxi — Helicopters of the Commercial Air Service Standards,

(iv)

section 724.07 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards,

(v)

section 724.07 of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, or

(vi)

section 725.07 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards;

(c)

ensure that the maintenance manager meets the requirements of section 726.03 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards;

(d)

in the case of the holder of an air operator certificate issued under section 705.07, ensure that the operations manager performs the duties set out in subsection 705.03(2);

(e)

in the case of the holder of an air operator certificate issued under section 705.07 who is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, ensure that the person responsible for maintenance performs the duties set out in section 705.04;

(f)

provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations;

(g)

[Repealed, SOR/2022-246, s. 16]

(h)

ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151; and

(i)

conduct reviews of the safety management system to determine its effectiveness.

(2)

The maintenance manager appointed under paragraph (1)(a) shall be the person responsible for the maintenance control system of the air operator appointed under paragraph 706.03(1)(a).

(3)

The maintenance manager appointed under paragraph (1)(a) shall remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public.

(4)

The holder of an air operator certificate issued under section 705.07 shall ensure that the person managing the safety management system referred to in section 705.153 performs the duties set out in that section.

SOR/2005-173, s. 21; SOR/2005-357, s. 6(E); SOR/2019-295, s. 13; SOR/2022-246, s. 16

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