CARs

Question 1

103.02 Inspection of Aircraft, Requests for Production of Documents and Prohibitions

Answer 1

103. 02 (1) The owner or operator of an aircraft shall, on reasonable notice given by the Minister, make the aircraft available for inspection in accordance with the notice.
     * (2) Every person who

o (a) is the holder of a Canadian aviation document,

o (b) is the owner, operator or pilot-in-command of an aircraft in respect of which a Canadian aviation document, technical record or other document is kept, or

o (c) has in possession a Canadian aviation document, technical record or other document relating to an aircraft or a commercial air service

shall produce the Canadian aviation document, technical record or other document for inspection in accordance with the terms of a demand made by a peace officer, an immigration officer or the Minister.

• (3) No person shall

o (a) lend a Canadian aviation document to any person who is not entitled to it by these Regulations, or allow any such person to use a Canadian aviation document; or

o (b) mutilate, alter or render illegible a Canadian aviation document.

• (4) For the purposes of this section, other document includes all writings, papers and other records made, held or maintained by the owner, operator or pilot-in-command of an aircraft for the purpose of recording any action, activity, performance or use of the aircraft or any activity of the owner, operator or crew members in respect of that aircraft, whether or not the documents are required by law to be made, held or maintained.

Question 2

103.03 Return of Canadian Aviation Documents

Answer 2

Where a Canadian aviation document has been suspended or cancelled, the person to whom it was issued shall return it to the Minister immediately after the effective date of the suspension or cancellation.

Question 3

103.04 Record Keeping

Answer 3

Recording systems, including computer records and microfiche, that do not comprise entries on paper may be used to comply with the record-keeping requirements of these Regulations if

(a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and
(b) a copy of the records contained in the recording systems can be printed on paper and provided to the Minister on reasonable notice given by the Minister.

Question 4

202.01 Requirements for Marks on Aircraft CERTIFICATES OF REGISTRATION

Answer 4

202.01 (1) Subject to subsection (2), no person shall operate an aircraft in Canada unless its marks are visible and are displayed

o (a) in the case of a Canadian aircraft, in accordance with the requirements of the Aircraft Marking and Registration Standards; and

o (b) in the case of an aircraft registered in a foreign state, in accordance with the laws of that foreign state.

• (2) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that does not display its marks if the aircraft is to be operated for the purpose of an exhibition, air show, motion picture production or television production.
• (3) The Minister may specify conditions in the authorization governing the operation of an aircraft referred to in subsection (2) as are necessary for its safe and proper operation.
• (4) No person shall operate an aircraft pursuant to an authorization issued under subsection (2) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified therein.

Question 5

202.26 Carrying Certificate of Registration on Board TRANSFER OF LEGAL CUSTODY AND CONTROL

Answer 5

No person shall operate an aircraft in Canada, other than an aircraft referred to in subsection 202.43(1), or a Canadian aircraft outside Canada unless the certificate of registration issued in respect of the aircraft is carried on board the aircraft.

Question 6

203 - OPERATION OF A LEASED AIRCRAFT BY A NON-REGISTERED OWNER
203.02 Application

Answer 6

(1) This Subpart applies to the following persons in respect of the operation of a leased aircraft by the lessee if the aircraft is registered in the name of the lessor:

o (a) a Canadian air operator that leases a Canadian aircraft from another Canadian air operator;

o (b) a foreign air operator that leases a Canadian aircraft from a Canadian air operator that is operating under Part IV, VI or VII;

o (c) a Canadian air operator that is operating under Part IV, VI or VII and that leases an aircraft registered in a foreign state; and

o (d) a foreign air operator that leases a Canadian aircraft from a Canadian aircraft manufacturer.

• (2) This Subpart does not apply in respect of the operation of a private aircraft.

Question 7

203.03 Leasing Operations – General

Answer 7

(1) No person who is not the registered owner of an aircraft shall operate the aircraft as part of a leasing operation without an authorization issued pursuant to subsection (2) unless

o (a) the lessor and the lessee each hold a Canadian operator certificate issued in respect of the aircraft type to be operated;

o (b) the lessee is qualified to be the registered owner of a Canadian aircraft;

o (c) the maintenance control system referred to in section 406.35 or 706.02 and the maintenance schedule approved by the Minister under subsection 605.86(2) are, during the term of the lease, equivalent for the lessor and the lessee;

o (d) the crew members of the aircraft are employed by the lessee; and

o (e) the registered owner informs the Minister in writing, no later than seven days after the term of the lease commences, of

• (i) the registration mark, manufacturer model designation and serial number of the aircraft,
• (ii) the names, addresses and telephone numbers, and facsimile numbers, if any, of the registered owner and the lessee,
• (iii) the Canadian operator certificate number and the approved maintenance organization certificate numbers of the lessor and the lessee,
• (iv) the commencement and termination dates of the lease,
• (v) the name of the person who is responsible for the maintenance of the aircraft during the term of the lease, and
• (vi) the address of the main maintenance base for the aircraft.
• (2) Subject to section 203.08, the Minister shall, on receipt of an application from a Canadian air operator that conforms with the Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner and that includes evidence that establishes that the Canadian air operator meets those standards, issue a written authorization to the Canadian air operator permitting the operation of a Canadian or foreign aircraft by the Canadian air operator, or the operation of a Canadian aircraft by a foreign operator, as part of a leasing operation, and shall specify in the authorization those conditions governing the operation that are necessary to ensure aviation safety.
• (3) An authorization issued pursuant to subsection (2) expires on the earliest of

o (a) the date on which the lease is terminated,

o (b) the date specified by the Minister in the authorization,

o (c) the date on which the certificate of registration of the aircraft is cancelled,

o (d) the date on which the operator certificate is suspended or cancelled, and

o (e) the date on which there is a change in any of the information that was submitted in support of the application referred to in subsection (2) and on which the issuance of the authorization was based.

• (4) Where an authorization is required under subsection (1) and has been issued under subsection (2), no person shall operate a leased aircraft unless the authorization is carried on board.
• (5) If a leasing advisory is provided to the Minister under subsection (1), no person shall operate a leased aircraft unless a copy of the advisory is carried on board.