Canada Gazette, Part I, Volume 146, Number 28: GOVERNMENT NOTICES

July 14, 2012

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

New Ministerial Instructions

Notice is hereby given under subsection 87.3(6) of the Immigration and Refugee Protection Act (IRPA)that the Department of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

Overview

Authority for Ministerial Instructions is derived from section 87.3 of the IRPA. The Instructions are being issued to ensure that the processing of applications and requests is conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

These Instructions come into force on July 14, 2012.

These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after July 14, 2012.

All applications received by designated Citizenship and Immigration Canada offices prior to July 14, 2012, shall continue to be considered for processing in the usual manner.

Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner.

The Instructions are consistent with IRPA objectives as laid out in section 3, specifically to pursue the maximum social, cultural and economic benefits of immigration; to enrich and strengthen the social and cultural fabrics of Canadian society; to support the development of a strong and prosperous Canadian economy; and to protect public health and safety and to maintain the security of Canadian society.

The Instructions are compliant with the Canadian Charter of Rights and Freedoms.

The Instructions respect all previously established accords and agreements, including the Quebec-Canada Accord, and all agreements with provinces and territories.

Work permit applications for temporary foreign workers

Instructions for not processing new work permit applications from temporary foreign workers seeking to work at a business that is in a sector where there are reasonable grounds to suspect a risk of sexual exploitation of some workers

When receiving applications for work permits made by foreign nationals seeking to work in a business that is in a sector where there are reasonable grounds to suspect a risk of sexual exploitation, officers are instructed to not process these applications. Applicants for work permits affected by these Instructions shall be informed that their application will not continue for processing and their processing fee shall be returned.

For the purposes of these Instructions, strip clubs, escort services and massage parlours are considered business sectors where there are reasonable grounds to suspect a risk of sexual exploitation.

These Instructions apply to all work permit applications where the applicant is destined to work for a business as described, irrespective of the specific occupation that the applicant is intended to fill at that business.

[28-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills

Whereas MAPBAP acetate is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a Screening Assessment conducted on MAPBAP acetate in compliance with section 74 of the Act has concluded that the substance meets one or more of the criteria set out in section 64 of the Act;

And whereas MAPBAP acetate is a substance specified on the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999,

Notice is hereby given, pursuant to subsection 91(1) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment proposes to issue, under subsection 54(1) of that Act, the annexed Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills,for the risk management of MAPBAP acetate.

Public comment period

As specified under subsection 332(2) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the proposed Guidelines or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection. All comments must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice and be sent to the Director, Forest Products and Fisheries Act Division, Environment Canada, Gatineau, Quebec K1A 0H3, 819-994-9848 (fax), MAPBAP@ec.gc.ca (email).

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

July 14, 2012

LOUISE MÉTIVIER
Director General
Industrial Sectors Directorate
On behalf of the Minister of the Environment

Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills

Foreword

1. In developing the annexed Guidelines, representatives of the federal and provincial governments, environmental non-governmental organizations and industry were consulted regarding control strategies for reducing the levels of MAPBAP acetate released from pulp and paper mills.

2. The Minister of the Environment recommends that the appropriate regulatory agency adopt the annexed Guidelines as baseline standards for the levels of dyes released from pulp and paper mills. However, local conditions, such as density of industrial development, topography and other environmental considerations, may necessitate the adoption of more stringent requirements than those suggested in these Guidelines. Ongoing advances in reduction the strategies and in technology should also be taken into account.

Definitions

3. The following definitions apply in these Guidelines:

“MAPBAP acetate”: means a cationic dye (basic) with the chemical name Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]- (MAPBAP acetate), Chemical Abstracts Service (CAS) Registry No. 72102-55-7.

“Mill”: means a plant that produces pulp, paper, paperboard, hardboard, insulating or building board. (see footnote 1)

“Operator”: means a person who operates, has control or custody of or is in charge of a mill. (see footnote 2)

“Paper product”: means paper, coated paper, paperboard, hardboard, boxboard, linerboard, insulating board, building board, corrugating medium, tissue, moulded cellulose product and any other product directly derived from pulp. (see footnote 3)

“Primary treatment”: means the settlement tanks that partly remove solid and organic material from pulp and paper mill wastewater and produce outputs in the form of primary sludge and scum.

“Pulp”: means processed cellulose fibres that are derived from wood, other plant material or recycled paper products. (see footnote 4)

“Retention”: means the percentage (%) by mass of the MAPBAP acetate bonded to pulp or paper products.

Scope

4. These Guidelines apply to the operator of a pulp and paper mill that uses one or more of the dyes listed in Appendix 1. They lay out certain limits that should not be exceeded and good practices to observe in order to limit dye quantities released in the final effluent.

5. The limits and good practices presented in these Guidelines may be respected using existing industry methods and technologies.

Performance guidelines

6. The retention of dyes that are used in the pulp and paper process and that are subject to these Guidelines should respect the limits specified in Appendix 1.

7. The removal of solids in the primary wastewater treatment, which allows for dye removal by adsorption, should respect the limits specified in Appendix 1.

8. A containment plan should be in place to prevent the release of dyes into the environment or the sewer system during dye storage (for example fixed supply tank, tote, drum or any other container), handling and disposal.

8.1. A secondary containment (see footnote 5) should be configured with capacity equal to or greater than

— 110% of the capacity of the tank if there is only one tank; or
— 100% of the capacity of the largest tank plus 10% of the aggregate capacity of all other tanks.

8.2. During the purge of dye from the equipment, piping or tank containing dyes, operational measures for the collection or recirculation of dye should be in place to prevent dye releases to water.

Declaration

9. The operator of a mill that is subject to these Guidelines should indicate in writing to the Minister of the Environment (no later than six months after final publication of the Guidelines or six months after starting to use a dye) its intention to implement the Guidelines. The Minister of the Environment should be notified in writing if the mill permanently ceases to use the dye.

Monitoring

10. The operator of a mill that is subject to these Guidelines should, at least once a year, verify that activities are carried out in compliance with the limits specified in Appendix 1 and record the quantity of the dye released to the environment or to a sewer system during its storage, handling or disposal.

Report

11. The operator of a mill that is subject to the Guidelines should provide a report to the Minister of the Environment that includes the following:

— The name and address of the mill.
— The technical contact person, telephone and fax numbers, and email address.
— The quantity of the dye subject to these Guidelines purchased or used during the previous calendar year.
— Results of the tests referred to in the Monitoring section, the date of testing, and the method for determining dye retention, if different from that proposed in Appendix 3.
— The quantity of the dye subject to these Guidelines released to the environment or to a sewer system as a result of its storage, handling or disposal.

The operator should provide the first report to the Minister of the Environment three years after the final publication of these Guidelines. An annual report would subsequently only be sent if the limits of Appendix 1 were not respected or if at least one of the dyes subject to these Guidelines were released to the environment or to a sewer system as a result of storage, handling or disposal.

Record-keeping

12. The operator of a mill that is subject to these Guidelines should retain all relevant records for at least five years beginning on the date of their creation and make them available to the Minister of the Environment upon request.

Appendix 1: Limits
Substance	Minimum retention in paper products (see footnote 6)	Solids removal efficiency by the primary treatment (see footnote 7)
MAPBAP acetate (CAS No. 72102-55-7)	90%	75%

Appendix 2: Calculation of solids removal efficiency by the primary wastewater treatment

Where

ESS = solids removal efficiency (%)
SS_o = solids concentration at the outlet of the primary treatment system (mg/L)
SS_I = solids concentration at the inlet of the primary treatment system (mg/L)

Note: The sampling should be conducted while the primary treatment system is stable and the mill is in operation.

Appendix 3: Proposed method for measuring dye retention on fibres (see footnote 8)

Equipment

— Spectrophotometer
— Fibreglass filter paper (1.5-µm nominal porosity)
— Deionized water
— Büchner vacuum flask
— Stirrer hot plate
— Beakers
— Graduated cylinder
— Analytical balance measuring to at least four decimal places
— Pipettes
— pH meter
— Conductivity meter

Products

— Dye to be tested
— Fresh, undyed (never dried) pulp

Procedure

Preparation of dye solution
1. a. Dilute the dye to 0.2 g/L (Ci) with deionized water.
Use the spectrophotometer to determine the maximum absorption wavelength and develop a “concentration-absorbance” curve using that value. Establish the minimum dye concentration that can be measured with this instrument (minimum measurable value).
Pulp retention measure
1. a. Dilute 2.00 g of dry pulp in deionized water until you achieve a 1% consistency.
2. b. Agitate at 50°C for 2 minutes or until no fibre flocs remain.
3. c. Filter with the Büchner and filter paper and keep the filtrate in a beaker.
4. d. Measure the filtrate absorbance (A int) at the wavelength established in Step 2 in order to estimate the interference caused by suspended solids and the filtrate colour.
5. e. Measure the quantity of dry pulp on the filter paper.
6. f. Calculate the pulp retention. A 99% minimum value is required to minimize interference with the absorption measure. For lower retention, increase the quantity of pulp or use a lower-porosity fibreglass filter.
Dye retention measure
1. a. Weigh 2.00 g of dry pulp.
2. b. Add 180 mL of deionized water.
3. c. Add 20 mL of the dye solution (Vi) to the pulp to obtain a concentration of 0.002 g pure dye/g dry pulp.
  - • The final consistency of the pulp should be 1%.
4. d. Agitate at 50°C for 2 minutes or until no fibre flocs remain.
5. e. Filter with the Büchner and filter paper.
6. f. Measure the filtrate volume (Vf).
7. g. Measure the filtrate absorbance (Af).
8. h. Calculate the corrected absorbance (A corr) = Af − A int (from Step 3-d).
9. i. Calculate the dye concentration in the filtrate (Cf) with the “concentration-absorbance” curve (Step 2), using the corrected absorbance (A corr).
10. j. Calculate the quantity of (pure) dye in the filtrate (Df) = Vf × Cf [g].
11. k. Calculate the initial quantity of (pure) dye (Di) = Vi × Ci [g].
12. l. Measure the pH and conductivity of the filtrate (for reference only).
13. m. Calculate the dye retention = (Di − Df) ⁄ Di × 100%.
14. n. Repeat Step 4 twice. Record the mean retention, pH and conductivity.

Notes

a. The initial dye quantity per gram of pulp used is based on the hypothesis that the lowest value the spectrophotometer can measure in the filtrate is 1 ppm of dye and that the dye retention is approximately 90%. The quantity of dye may need to be adjusted should these hypotheses not apply.
b. Instruments used should be calibrated.
c. Results should be presented to the appropriate significant decimal places.
d. The minimum measurable value of the instruments should be determined.
e. If a measurement falls below the minimum measurable value for an instrument, then the minimum measurable value should be used or reported.
f. Factors that may affect dye retention include conductivity (salts), temperature, pH, quantity of anionic trash in water, pulp type, dye type, pulp consistency, and initial concentration.

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DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Human Health Risk Assessment for Biodiesel Production, Distribution and Use in Canada

The Minister of Health hereby gives notice of the availability of a science assessment document entitled Human Health Risk Assessment for Biodiesel Production, Distribution and Use in Canada. This document consists of a detailed scientific assessment of the human health implications that may arise from widespread on-road use of biodiesel blends (diesel fuel containing up to 20% biodiesel by volume) relative to health implications associated with the use of ultra low sulphur diesel. Overall, this Health Canada assessment concludes that the currently available evidence suggests that the use of biodiesel blends in Canada would have minimal impact on air quality and human health risks or benefits as compared to conventional diesel fuel.

The full risk assessment document is available in both official languages upon request at the following Web site: www.healthcanada.gc.ca/air. Any person requiring further information may submit a request to the Air Health Science Division, Health Canada, 269 Laurier Avenue W, Room 3-057, AL 4903c, Ottawa, Ontario K1A 0K9, AIR@hc-sc.gc.ca (email). All information requests must cite the Canada Gazette, Part Ⅰ, as well as the date of publication of this notice.

June 29, 2012

KAREN LLOYD
Director General
Safe Environments Directorate
On behalf of the Minister of Health

APPENDIX

Human Health Risk Assessment for Biodiesel Production, Distribution and Use in Canada — Executive Summary

Health Canada assessed the potential human health implications of the widespread use of biodiesel in Canada, considering the production, distribution, storage and use stages in the lifecycle of biodiesel fuel. The general approach employed is as comprehensive as the available information allows and is comparative in nature, i.e. the impacts of biodiesel blends are compared to those of conventional ultra low sulphur diesel (ULSD) and presented as relative risks and benefits. The primary consideration of this analysis is the potential impact of biodiesel use on mobile sector emissions and atmospheric concentrations of air pollutants.

The Government of Canada put in place a 2% renewable content requirement in diesel and heating oil on July 1, 2011, as outlined in the Regulations Amending the Renewable Fuels Regulations (P.C. 2011-795, June 29, 2011) and published in the Canada Gazette, Part Ⅱ, on July 20, 2011. (see footnote 9) The Regulations do not specify the use of biodiesel fuel in distillate or heating fuels. Rather, any liquid fuel meeting the definition of renewable fuel as per the Regulations, produced from one or more of the designated feedstocks, and complying with the maximum content specified may be acceptable. (see footnote 10)

Biodiesel is a mixture of fatty acid alkyl esters produced from vegetable oils and animal fats via transesterification with an alcohol (generally methanol). The combinations of fatty acids in fats and oils can vary substantially depending on the source material and influence the resulting biodiesel properties. Biodiesel is usually blended with ULSD and the resulting blends are denoted by BX, where X indicates the percent of biodiesel in a blend, on a volume basis (e.g. B5 is a blend comprised of 5% by volume biodiesel and 95% by volume ULSD). Biodiesel blends up to B20 can generally be used in most compression ignition engines without any modifications.

Biodiesel production facilities rely on technologies and processes that vary according to the type of feedstock and the level of integration or complexity of a facility. Biodiesel production activities can lead to a variety of emissions or releases to water, air, and soil. Risks and hazards associated with biodiesel facilities are common to other industrial sectors (e.g. combustion emissions, fugitive emissions, and spills) and can be limited by mitigation strategies, both behavioural and technological. The most common air emissions from biodiesel production plants are methanol (during transesterification), hexane (during oil extraction), and criteria air contaminants (CACs) [e.g. particulate matter (PM) emissions from fuel-powered generators]. Total amounts emitted are expected to be relatively low and to meet regulatory requirements, based on information from the National Pollutant Release Inventory (see footnote 11) and environmental assessments of various Canadian biodiesel production facilities. Ambient air concentrations near facilities are expected to meet air quality guidelines. Emissions of heavy metals and air toxics are generally expected to be minimal, as specific activities that would lead to significant emissions of these pollutants have not been identified.

No extensive database or tool has been specifically developed to predict the environmental fate and transport of biodiesel releases, and empirical values for numerous physical and chemical properties of biodiesel fuel components are not available. Health Canada conducted screening level environmental fate and transport modelling of different biodiesel fuel spill scenarios to identify key potential impacts. The modelling results of neat ULSD, neat biodiesel, and biodiesel blends show that biodiesel fuel components are projected to travel less than ULSD fuel components, as expected based on biodiesel’s physical and chemical characteristics, notably the greater biodegradation rate of biodiesel fuel components compared to diesel fuel fractions. Notwithstanding the modelling uncertainties (i.e. assumptions and input data), the limited mobility of biodiesel fuel components can be considered a benefit since the soil and groundwater contamination is expected to be relatively contained and, consequently, have less impact on environmental and human health than petroleum fuels following releases.

With regard to the use of biodiesel fuels in on-road heavy-duty diesel vehicles (HDDVs) and its impact on exhaust emissions compared to ULSD, the following trends are noted:

considerable reductions in PM, CO, hydrocarbon, volatile organic compound, and polycyclic aromatic hydrocarbon (PAH) emissions;
no net impact or a slight increase in NO_X emissions; and
no significant impact on the efficiency of after-treatment devices.

For the current assessment, the impacts of biodiesel use on Canadian fleet-wide mobile source emissions were estimated with the MOBILE6.2C model in collaboration with Environment Canada. It was assumed that biodiesel affects emissions of on-road HDDVs only. Table ES.1 shows the percent change in fleet-average HDDV emissions estimated for B5 and B20 in comparison to ULSD for 2006, 2010, and 2020.

Biodiesel is projected to have less impact on HDDV exhaust emissions in 2020 due to the turnover of the Canadian HDDV fleet, as 2010 and beyond model-year HDDVs are equipped with new engine technologies and exhaust emission controls in order to meet more stringent emission standards.

Table ES.1 — Percent change in Canadian fleet-average HDDV emissions from MOBILE6.2C for B5 and B20 compared to ULSD for 2006, 2010 and 2020
Pollutants	B5			B20
Pollutants	2006	2010	2020	2006	2010	2020
1,3-Butadiene/Acetaldehyde/ Acrolein/Formaldehyde	–4	–3	–1	–18	–14	–3
Benzo[a]pyrene	–3	–3	–2	–14	–12	–9
Benzene	–4	–3	–1	–18	–14	–4
CO	–3	–3	–2	–11	–10	–7
Elemental carbon/ Organic carbon	–3	–3	–2	–13	–12	–9
NO_X	1	1	1	4	4	3
PM_{10 exhaust}/PM_{2.5 exhaust}	–3	–3	–2	–13	–12	–9
SO₂/NH₃	0	0	0	0	0	0
Toluene/Ethylbenzene/ Xylene	–4	–3	–1	–18	–14	–3
VOC_total/ THC_total	–4	–3	–1	–18	–14	–3

Air quality modelling was undertaken to investigate the impact of biodiesel blends on air pollution in Canada. Specifically, MOBILE6.2C results of Canadian mobile source emissions for the base case and biodiesel scenarios were used as input to the air quality modelling. (see footnote 12) Photochemical modelling for the current project was conducted with A Unified Regional Air-quality Modelling System (AURAMS) in collaboration with Environment Canada (see Table ES.2 for scenarios). National scenarios of biodiesel use were modelled on a 22.5 km grid covering the whole country. In addition, a two-week high pollution episode was modelled at high resolution (3 km grid) over the Montréal region.

Table ES.2 — Timeframes of photochemical modelling (AURAMS) scenarios
Years	Fuel	Canada (22.5 km grid)	Montréal (3 km grid)
2006 and 2020	B0 (ULSD)	Annual	June 12 to 23
	B5	Annual	June 12 to 23
	B20 (see footnote 13)	Annual	June 12 to 23

It is predicted that the national use of B5 and B20 under 2006 conditions would result in small (less than 1%) but non-negligible changes in air quality compared to ULSD use. In general, PM_2.5 and O₃ concentrations decrease in urban areas and increase in surrounding areas. The concentrations of CO are expected to decrease in all regions. For the 2020 projections, changes in predicted air quality are very small (less than 0.5%) and often close to model detection limits. Ozone and PM_2.5concentrations are generally reduced in urban centres, but increase slightly in surrounding areas. The concentrations of CO are reduced in most areas. The smaller air quality impacts of biodiesel use in 2020 are due to the significant reductions in base case fleet emissions in 2020 compared to 2006, as a result of the introduction of cleaner vehicles.

Short-term high-resolution modelling of the Montréal urban area revealed similarly small changes in air quality. High-resolution modelling provided enhanced spatial resolution of air quality impacts, bringing to light different air quality phenomena caused by smaller scale meteorological regimes and a more detailed distribution of mobile emission sources, such as the impacts of major bridges and highways.

Health Canada’s Air Quality Benefits Assessment Tool (AQBAT) was used to quantify Canadian morbidity and mortality risks/benefits from changes in CAC concentrations associated with the use of B5 or B20 compared to ULSD in the on-road HDDV fleet, in either 2006 or 2020. In 2006, annual B5 or summertime B20 use are associated with a reduction of about five to seven premature mortalities as well as minimal reductions in hospital admissions, emergency room visits and other morbidity outcomes, due primarily to minor reductions in PM_2.5and O₃ levels. The health benefits associated with biodiesel use are expected to be reduced by 2020 due to the incorporation of new emission control technologies in the HDDV fleet.

Qualitative consideration of the available mobile source air toxics emissions data indicate that minimal reductions are expected for air concentrations of benzene, 1,3-butadiene, acetaldehyde, formaldehyde, acrolein and PAHs in association with the use of biodiesel, which may translate into very minor reductions in human exposure to these pollutants, particularly near roads that are heavily used by HDDVs. However, the emissions benefits and any associated reductions in human exposures are expected to diminish by 2020.

A toxicological review of biodiesel exhaust was conducted with two objectives: (1) to determine if biodiesel exhaust has a similar, reduced or greater impact than diesel exhaust in terms of specific health effects; and (2) to attribute any difference in the magnitude of effects observed (between biodiesel and diesel exhaust) to a change in the level of a specific physicochemical parameter(s) in the exhaust.

A review of several studies determined that biodiesel exhaust is unlikely to exceed diesel exhaust in terms of respiratory effects. Only two studies were reviewed that examined cardiovascular effects of biodiesel exhaust. Based on this limited data set, it was not possible to draw any conclusions as to how biodiesel and diesel exhaust compare with respect to cardiovascular effects.

A review of outcomes relevant to the initiation of carcinogenesis indicated that biodiesel and diesel exhaust are similar in terms of clastogenicity, that biodiesel exhaust has a similar or lower effect on biochemical events (reactive oxygen species, inflammation) associated with genetic instability, and that biodiesel is equal to or exceeds diesel with respect to cytotoxicity. The majority of studies investigating mutagenicity demonstrated that PM extract from biodiesel exhaust is potentially less mutagenic than diesel exhaust PM extract.

Only one inhalation study considered reproductive and developmental effects, neurological effects, and systemic effects resulting from exposure to biodiesel exhaust. Given that this study did not include a diesel treatment, it was not possible to draw any comparison between biodiesel and diesel exhaust. Dermal exposure to biodiesel was also considered because of potential exposure during refuelling. However, skin irritation, a potential outcome of this type of exposure, was not considered in the study reviewed.

No information was available for immunological effects resulting from exposure to biodiesel exhaust.

Regarding the second objective, it was determined that toxicological studies investigating respiratory and cardiovascular effects and outcomes associated with initiation of carcinogenesis increasingly reflect efforts to ascribe differences in biological responses between biodiesel and diesel exhaust to differences in physicochemical characteristics between the two fuels. However, for most studies, differences in individual pollutant levels between biodiesel and diesel exhaust have not been specifically linked to changes in a given biological response.

A review was conducted to examine the risk that inhalation exposure of the bovine spongiform encephalopathy (BSE) infectious agent may occur in the general population as a result of the combustion of biodiesel made from specified risk material (SRM) derived tallow. The risk was considered negligible provided that SRM and tallow destined for biodiesel production are processed to achieve a tallow purity standard of not more than 0.15% insoluble impurity content, as per Canadian Food Inspection Agency directives. In a second scenario, in which the insoluble content of the SRM-derived tallow exceeds 0.15% and contains BSE agents, it is expected that biodiesel manufacturing and combustion processes would contribute to a reduction in the risk of inhalation exposure to BSE agents.

The potential for allergic reactions in the general population following inhalation exposure to exhaust from soy-based biodiesel was investigated due to the fact that soy is one of the main foods eliciting allergic reactions. It was concluded that denaturation and hydrolysis of proteins during biodiesel production as well as purification processes are likely to reduce the allergenicity of biodiesel. In the event that allergenic proteins survive the latter processes, it is highly probable they would be destroyed during the combustion process given that temperatures in diesel engines are significantly higher than those which cause significant alterations in protein structure, thus eliminating the potential for allergic reactions.

A review of the major fuel additive categories that are likely to be used in biodiesel fuels in Canada was carried out. The review included key background and toxicity information for different types of additives as well as specific products. There is a relatively high level of uncertainty associated with additives due to the fact that it is difficult to predict which products will be used on a consistent basis in biodiesel blends and because there is relatively limited toxicological and exposure information available for these compounds.

Overall conclusion

Although the scenarios examined in this assessment do not replicate specific existing Canadian biodiesel use policies, they were selected in order to provide an overall picture of potential health impacts of biodiesel use in Canada. Overall, the use of B5 or B20 nationally is expected to result in very minimal air quality and health benefits/risks, and these are likely to diminish over time. Although substantial modelling and data limitations remain, the currently available evidence suggests that the incremental health impacts associated with the widespread use of low-level biodiesel blends in Canada as compared to the use of ULSD are expected to be minimal.

[28-1-o]

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments
Name and position	Order in Council
Employment Insurance Act
Chairpersons of the Boards of Referees
Ontario
Mahal, Bhupinder Singh	2012-881
Quebec
Béland, Lise Paradis — Repentigny	2012-882
Government of Ontario	2012-949
Administrators
Hoy, The Hon. Alexandra
July 8, 2012
O’Connor, The Hon. Dennis R.
July 1 to July 7 and September 1 to September 7, 2012
Smith, The Hon. Heather J.
July 9 to August 31, 2012
Huberman, Anita A. Patil	2012-914
National Film Board
Member
Legault, Pierre	2012-939
Associate Deputy Minister of Justice
Olsen, David Paul	2012-955
Public Service Labour Relations Board
Vice-Chairperson
Paul, Noeline Sujithra	2012-902
Immigration and Refugee Board
Full-time member
Port Authority
Directors
Gravel, Martine — Trois-Rivières	2012-953
Santing, Al — Windsor	2012-954
Sterling, Lori	2012-940
Associate Deputy Minister of Justice

July 6, 2012

DIANE BÉLANGER
Official Documents Registrar

[28-1-o]

DEPARTMENT OF TRANSPORT

AEURONAUTICS ACT

Interim Order No. 10 Respecting Private Operators

Whereas the annexed Interim Order No. 10 Respecting Private Operators is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Interim Order No. 10 Respecting Private Operators may be contained in a regulation made pursuant to section 4.9 (see footnote a), paragraphs 7.6(1)(a) (see footnote b) and (b) (see footnote c) and section 7.7 (see footnote d) of Part Ⅰ of the Aeronautics Act (see footnote e);

And whereas, pursuant to subsection 6.41(1.2) (see footnote f) of the Aeronautics Act (see footnote g), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order No. 10 Respecting Private Operators;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote h) of the Aeronautics Act (see footnote i), makes the annexed Interim Order No. 10 Respecting Private Operators.

Ottawa, June 25, 2012

DENIS LEBEL
Minister of Transport

INTERIM ORDER NO. 10 RESPECTING PRIVATE OPERATORS

INTERPRETATION

Definition

“Regulations”
« Règlement »

1. (1) The following definition applies in this Interim Order.

“Regulations” means the Canadian Aviation Regulations.

Definitions in the Regulations

(2) A reference in the Regulations to “private operator” shall be read as a reference to the holder of a temporary private operator certificate issued under Schedule 1.

(3) A reference in the Regulations to “private operator certificate” shall be read as a reference to a temporary private operator certificate issued under Schedule 1.

Terminology

(4) Unless the context requires otherwise, all other words and expressions in this Interim Order have the same meaning as in the Regulations.

Schedules 1 and 2

(5) Schedules 1 and 2 are considered to be part of the Regulations, with any necessary modifications.

Conflict between Interim Order and Regulations

(6) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

DESIGNATED PROVISIONS

Suspension

2. (1) The effect of Subpart 4 of Part VI of Schedule II to Subpart 3 of Part Ⅰ of the Regulations is suspended.

Designation

(2) The designated provisions set out in column I of Schedule 2 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(3) The amounts set out in column II of Schedule 2 are the maximum amounts payable in respect of a contravention of the designated provisions set out in column I.

Notice

(4) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part Ⅰ of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

SUSPENDED PROVISIONS OF THE REGULATIONS

Subparagraph 401.05(3)(d)(i) of the Regulations

3. (1) The effect of subparagraph 401.05(3)(d)(i) of the Regulations is suspended.

Subpart 4 of Part VI of the Regulations

(2) The effect of Subpart 4 of Part VI of the Regulations is suspended and Schedule 1 applies.

REPEAL

4. Interim Order No. 9 Respecting Private Operators is repealed.

SCHEDULE 1
(Subsections 1(2), (3) and (5) and 3(2))

SUBPART 4 — PRIVATE OPERATORS

Division I — Temporary Private Operator Certificate

Interpretation

604.01 (1) The following definitions apply in this Subpart.

“Association” means the Canadian Business Aviation Association. (Association)

“main base” means a location at which a private operator has personnel, aircraft and facilities for its operations and that is established as the principal place of business of the private operator. (base principale)

“PBN Manual” means ICAO Document 9613, entitled Performance-based Navigation (PBN) Manual, Third Edition, 2008. (manuel PBN)

“Restricted Canada Air Pilot” means an aeronautical information publication, published under the authority of the Minister, that contains information on restricted instrument procedures for air operators, private operators, flight training unit operators and the Department of National Defence. (Canada Air Pilot restreint)

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

“type of operation” means a day or night VFR or IFR operation. (type de vol)

(2) For the purpose of interpreting a document incorporated by reference into this Subpart, “should” and “must” shall be read to mean “shall”.

Application

604.02 (1) Subject to subsection (2), this Subpart applies in respect of a Canadian aircraft that is not operated in a commercial air service.

(2) This Subpart does not apply to an air operator that operates an aircraft in compliance with the requirements of Part VII if the aircraft is not operated as a commercial air service.

Prohibition

604.03 No person shall, without a temporary private operator certificate issued under section 604.05, operate any of the following Canadian aircraft for the purpose of transporting passengers or goods:

(a) a turbo-jet aeroplane; or
(b) a large aeroplane.

Application for Issuance of a Temporary Private Operator Certificate

604.04 An application for the issuance of a temporary private operator certificate shall contain the following information:

(a) the applicant’s legal name and its trade name, if any;
(b) the applicant’s contact information;
(c) the location of the applicant’s main base and its sub-bases, if any;
(d) a copy of the private operator certificate issued to the applicant by the Association and any operations specification set out in the certificate;
(e) any request for an operations specification authorizing the conduct of an operation referred to in Division IV or authorized by the Minister under that Division;
(f) the aircraft type, registration mark and serial number of each aircraft to be operated; and
(g) a copy of the private operator’s operations manual established for compliance with the private operator certificate issued by the Association.

Conditions of Issuance of a Temporary Private Operator Certificate

604.05 The Minister shall, on receipt of an application referred to in subsection 604.04, issue a temporary private operator certificate if the applicant demonstrates to the Minister that

(a) the applicant is the holder of a private operator certificate issued by the Association;
(b) the applicant complies with every condition specified in the certificate referred to in paragraph (a);
(c) the applicant is the registered owner of every aircraft that the applicant operates;
(d) every aircraft referred to in paragraph (c) is equipped for the area of operation and the type of operation;
(e) the applicant has crew members who are qualified for the area of operation and the type of operation;
(f) the applicant has personnel exercising the functions associated with the following positions:
1. (i) operations manager,
2. (ii) chief pilot, and
3. (iii) maintenance manager, if the applicant does not hold an approved maintenance organization (AMO) certificate;
(g) the applicant has a maintenance control system that meets the requirements of section 604.49; and
(h) the applicant is able to meet the requirements set out in Division IV in respect of an operations specification for which the applicant has made an application.

Application to Amend a Temporary Private Operator Certificate

604.06 A private operator shall submit an application to the Minister to amend its temporary private operator certificate if it intends to

(a) change its legal name or trade name;
(b) change its contact information;
(c) change the location of its main base or a sub-base;
(d) commence the operation of an aircraft that is not specified on the certificate;
(e) discontinue the operation of an aircraft that is specified on the certificate;
(f) commence the operation of an aircraft in accordance with an operations specification referred to in Division IV; or
(g) discontinue the operation of an aircraft in accordance with an operations specification referred to in Division IV.

Amendment of a Temporary Private Operator Certificate

604.07 The Minister shall, on receipt of an application referred to in section 604.06, issue an amended temporary private operator certificate if the applicant,

(a) in the case of a change referred to in paragraph 604.06(a), (b), (c), (e) or (g), provides the Minister with a description of the change;
(b) in the case of a change referred to in paragraph 604.06(d), provides the Minister with proof that
1. (i) the applicant is the registered owner of the aircraft and the aircraft is equipped for the area of operation and the type of operation,
2. (ii) the applicant has crew members who are qualified for the area of operation and the type of operation,
3. (iii) the applicant has personnel exercising the functions associated with the following positions:
  1. (A) operations manager,
  2. (B) chief pilot, and
  3. (C) maintenance manager, if the applicant does not hold an approved maintenance organization (AMO) certificate, and
4. (iv) the applicant has a maintenance control system that meets the requirements of section 604.49; or
(c) in the case of a change referred to in paragraph 604.06(f), demonstrates to the Minister that the applicant is able to meet the requirements set out in Division IV.

Changes in Information Provided in an Application

604.08 A private operator shall notify the Minister of any change in the information contained in an application made under section 604.04 or 604.06 within five days after the day of the change.

Amendment of Private Operator’s Operations Manual

604.09 A private operator shall provide the Minister with a copy of its amended operations manual within five days after the day of the amendment.

Duties of a Private Operator

604.10 (1) A private operator shall

(a) appoint an operations manager, a chief pilot and a maintenance manager;
(b) ensure that no person is appointed to a position under paragraph (a) or remains in that position if, at the time of the person’s appointment or during their tenure, the person has a record of conviction for
1. (i) an offence under section 7.3 of the Act, or
2. (ii) two or more offences under the Regulations or this Subpart not arising from a single occurrence;
(c) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of the Regulations and this Subpart; and
(d) authorize the maintenance manager to remove any aircraft from operation if the removal is justified because of non-compliance with the requirements of the Regulations or this Subpart or because of a risk to the safety of the aircraft, persons or property.

(2) If the private operator holds an approved maintenance organization (AMO) certificate, the maintenance manager appointed under paragraph (1)(a) shall be the person responsible for maintenance appointed under paragraph 573.03(1)(a) of the Regulations.

Division II — Flight Operations

Operational Control System

604.11 (1) A private operator shall establish an operational control system that meets the requirements of the private operator’s operations and that is appropriate to the complexity of those operations and the area of operations.

(2) The operational control system shall include procedures for ensuring that

(a) all operational requirements specified in this Subpart have been met;
(b) each aircraft is operated within the weight and balance limits specified in the aircraft flight manual;
(c) the names of the persons on board an aircraft are recorded by the private operator; and
(d) search and rescue authorities are notified in a timely manner if an aircraft is overdue or missing.

(3) The operational control system shall, at a minimum, include a pilot’s self-dispatch policy that

(a) specifies flight planning requirements; and
(b) specifies the time that a flight crew member must inform the private operator of an aircraft’s departure and arrival, and the associated procedures for confirming the safe arrival of an aircraft at an unattended aerodrome during a VFR operation or when an IFR flight plan has been cancelled prior to landing.

(4) For the purposes of subsection (3), “pilot’s self-dispatch” has the same meaning as in subsection 400.01(1) of the Regulations.

(5) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days following the day on which the flight occurs.

Instrument Approaches — Landing

604.12 No person shall terminate an instrument approach with a landing unless, immediately before landing, the pilot-in-command ascertains, by means of radio communication or visual inspection,

(a) the condition of the runway or surface of intended landing; and
(b) the wind direction and speed.

Division III — Flight Operations — Documents

Checklist

604.13 (1) A private operator shall provide every crew member, at his or her duty station, with the checklist referred to in paragraph 602.60(1)(a) of the Regulations, or with the part of that checklist that is necessary for the performance of the crew member’s duties.

(2) Every crew member shall follow the checklist, or the part of the checklist referred to in subsection (1), in the performance of his or her duties.

Aircraft Operating Manual and Standard Operating Procedures

604.14 (1) A private operator may establish an aircraft operating manual for the operation of its aircraft.

(2) An aircraft operating manual shall meet the following requirements:

(a) it shall contain aircraft operating procedures that are consistent with those contained in the aircraft flight manual;
(b) it shall contain, if the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in that manual, and shall clearly identify them as aircraft flight manual requirements;
(c) it shall contain the private operator’s standard operating procedures, if any; and
(d) it shall identify the aircraft to which it relates.

Operational Flight Data Sheet

604.15 (1) No person shall conduct a take-off in an aircraft that is specified in a temporary private operator certificate unless an operational flight data sheet containing the following information is prepared:

(a) the date of the flight;
(b) the aircraft’s nationality mark and registration mark;
(c) the name of the pilot-in-command;
(d) the departure aerodrome;
(e) the destination aerodrome;
(f) the alternate aerodrome, if any;
(g) the estimated flight time;
(h) the fuel endurance;
(i) the weight of the fuel on board the aircraft;
(j) the zero fuel weight of the aircraft;
(k) the take-off weight of the aircraft;
(l) the number of persons on board the aircraft;
(m) the proposed time of departure; and
(n) the estimated time of arrival.

(2) The pilot-in-command of the aircraft referred to in subsection (1) shall, on completion of the flight, record on the operational flight data sheet the flight time, time of departure, time of arrival and aerodrome of arrival.

(3) The private operator shall retain a copy of the operational flight data sheet and the information provided under subsection (2) for at least 180 days.

Division IV — Flight Operations — Operations Specifications

Minimum Performance Capability of Long-Range Navigation Systems

604.16 (1) For the purposes of this Division, a long-range navigation system has the following performance capabilities:

(a) the standard deviation of the lateral track deviations is less than 6.3 nautical miles;
(b) the proportion of the total flight time that is spent by the aircraft at a distance of 30 or more nautical miles from the cleared track is less than 5.3 x 10^-4; and
(c) the proportion of the total flight time that is spent by the aircraft at a distance of 50 to 70 nautical miles from the cleared track is less than 1.3 x 10^-4.

(2) For the purposes of section 604.24, a GPS receiver is considered to be a long-range navigation system if it is installed in accordance with the requirements of Advisory Circular 20-138B, entitled Airworthiness Approval of Positioning and Navigation Systems, dated September 27, 2010 and published by the Federal Aviation Administration.

No Alternate Aerodrome — IFR Flight

604.17 (1) For the purposes of section 602.122 of the Regulations, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if

(a) the estimated flight time is not more than six hours and the departure aerodrome is located in North America, Bermuda or the Caribbean islands;
(b) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(c) the forecast or reported weather at the destination aerodrome, from one hour before until one hour after the estimated time of arrival, does not include
1. (i) conditions, including fog or precipitation, that restrict flight visibility to less than three miles,
2. (ii) a thunderstorm,
3. (iii) a ceiling of less than 1,000 feet above the FAF altitude and a ground visibility of less than three miles,
4. (iv) a ceiling of less than 1,500 feet above the minimum descent altitude and a ground visibility of less than six miles, or
5. (v) freezing rain, freezing drizzle or sleet;
(d) in the case of an aeroplane, the destination aerodrome
1. (i) has at least two runways that are
  1. (A) operational,
  2. (B) separate and not reciprocal directions of the same runway, and
  3. (C) suitable for the aeroplane on the basis of the aircraft operating procedures, the aircraft performance data and limitations specified in the aircraft flight manual and the factors that affect the performance of the aeroplane, such as atmospheric and surface conditions, and
2. (ii) is equipped with an emergency electrical power supply to operate the equipment and facilities that are essential for a safe landing of the aeroplane in the event of a failure of the main electrical power supply; and
(e) the private operator’s operations manual contains procedures to ensure that
1. (i) the pilot-in-command
  1. (A) monitors throughout the flight the weather at the destination aerodrome and at potential alternate aerodromes,
  2. (B) identifies other destination aerodromes or alternate aerodromes if the requirements of paragraph (c) or (d) are no longer met, and
  3. (C) amends the flight plan accordingly, and
2. (ii) the private operator meets the requirements of paragraph (b) and this paragraph.

(2) If the requirements of paragraphs (1)(a) to (e) are met, and regardless of the departure aerodrome, the pilot-in-command of an aircraft on a flight to a destination aerodrome in Canada may file a new IFR flight plan or a new IFR flight itinerary that does not include an alternate aerodrome when the aircraft is within six hours’ flight time of the destination aerodrome.

Take-off Minima

604.18 For the purposes of paragraph 602.126(1)(b) of the Regulations,

(a) a person may conduct a take-off in an aircraft when the reported RVR is at least 1,200 feet or the reported ground visibility is at least one quarter of a statute mile, up to the minimum visibility for take-off specified in the Canada Air Pilot, if
1. (i) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate,
2. (ii) every flight crew member on board the aircraft has received training in
  1. (A) take-off alternate aerodrome requirements,
  2. (B) pilot-in-command experience requirements,
  3. (C) pilot-in-command responsibility for visibility and obstacle clearance requirements, and
  4. (D) minimum aircraft and runway equipment requirements,
3. (iii) the pilot-in-command
  1. (A) identifies any obstructions in the take-off path,
  2. (B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to
    1. (I) safely clear those obstructions, and
    2. (II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and
  3. (C) is satisfied that the RVR is at least 1,200 feet or the ground visibility is at least one quarter of a statute mile,
4. (iv) the runway is equipped with serviceable and functioning high-intensity runway lights, runway centre line lights or runway centre line markings that are visible to the pilot throughout the take-off run,
5. (v) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line,
6. (vi) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative,
7. (vii) every flight crew member on board the aircraft has demonstrated to the Minister the ability to operate the aircraft in accordance with this paragraph, and
8. (viii) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section; and
(b) a person may conduct a take-off in an aircraft when the reported RVR is at least 600 feet but less than 1,200 feet if
1. (i) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate,
2. (ii) every flight crew member on board the aircraft has received the following training:
  1. (A) ground training in
    1. (I) take-off alternate aerodrome requirements,
    2. (II) pilot-in-command experience requirements,
    3. (III) pilot-in-command responsibility for visibility and obstacle clearance requirements, and
    4. (IV) minimum aircraft and runway equipment requirements, and
  2. (B) full flight simulator training that includes
    1. (I) one completed take-off at an RVR that is at least 600 feet but less than 1,200 feet, and
    2. (II) one rejected take-off, at an RVR that is at least 600 feet but less than 1,200 feet, that includes an engine failure,
3. (iii) the pilot-in-command
  1. (A) identifies any obstructions in the take-off path,
  2. (B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to
    1. (I) safely clear those obstructions, and
    2. (II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and
  3. (C) is satisfied that the RVR is at least 600 feet but less than 1,200 feet,
4. (iv) the runway is equipped with
  1. (A) serviceable and functioning high-intensity runway lights, runway centre line lights and runway centre line markings that are visible to the pilot throughout the take-off run, and
  2. (B) two RVR sensors that each show an RVR of at least 600 feet but less than 1,200 feet, one of which is situated at the approach end of the runway and the other at
    1. (I) the mid-point of the runway, or
    2. (II) the departure end of the runway, if the runway is equipped with three RVR sensors and the sensor situated at the mid-point is not serviceable,
5. (v) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line,
6. (vi) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative,
7. (vii) every flight crew member on board the aircraft has demonstrated to the Minister the ability to operate the aircraft in accordance with this paragraph, and
8. (viii) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

RNPC Airspace

604.19 No person shall operate an aircraft on a high level fixed RNAV route in required navigation performance capability (RNPC) airspace unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received training in
1. (i) normal operating procedures, including navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position,
2. (ii) the method of monitoring and cross-checking the navigation system that is coupled to the auto-pilot,
3. (iii) the action to take in the event of a discrepancy between navigation systems and the method of determining which is the most accurate or reliable system,
4. (iv) the contingency procedures for RNPC airspace,
5. (v) the action to take in the event of the failure of one or more navigation systems,
6. (vi) the procedure for manually updating navigation systems,
7. (vii) airborne emergency procedures, including re-alignment, if applicable,
8. (viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and
9. (ix) RNAV systems;
(c) the aircraft is equipped with at least two independent navigation systems, one of which is a long-range navigation system; and
(d) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

CMNPS and RNPC Airspace

604.20 No person shall operate an aircraft in Canadian minimum navigation performance specification (CMNPS) or required navigation performance capability (RNPC) airspace unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received training in
1. (i) normal operating procedures, including long-range navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position,
2. (ii) the method of monitoring and cross-checking the long-range navigation system that is coupled to the auto-pilot,
3. (iii) the action to take in the event of a discrepancy between long-range navigation systems, and the method of determining which is the most accurate or reliable system,
4. (iv) the contingency procedures for CMNPS airspace or RNPC airspace, as applicable,
5. (v) the action to take in the event of the failure of one or more long-range navigation systems,
6. (vi) the procedure for manually updating long-range navigation systems,
7. (vii) airborne emergency procedures, including re-alignment, if applicable,
8. (viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and
9. (ix) RNAV systems;
(c) the aircraft is equipped with at least two independent long-range navigation systems or is operated as follows:
1. (i) in the case of an aircraft equipped only with the radio navigation equipment referred to in paragraph 605.18(j) of the Regulations, it is operated only on high level airways, and
2. (ii) in the case of an aircraft equipped with at least two independent navigation systems, one of which is a long-range navigation system, it is operated only in RNPC airspace on
  1. (A) high level fixed RNAV routes,
  2. (B) direct routes that begin and end within the reception range of ground-based navigation aids, or
  3. (C) high level airways; and
(d) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

NAT-MNPS Airspace

604.21 (1) No person shall operate an aircraft in North Atlantic minimum navigation performance specification (NAT-MNPS) airspace in accordance with NAT-MNPS separation criteria unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received training in
1. (i) normal operating procedures, including long-range navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position,
2. (ii) the method of monitoring and cross-checking the long-range navigation system that is coupled to the auto-pilot,
3. (iii) the action to take in the event of a discrepancy between long-range navigation systems, and the method of determining which is the most accurate or reliable system,
4. (iv) the contingency procedures for NAT-MNPS airspace,
5. (v) the action to take in the event of the failure of one or more long-range navigation systems,
6. (vi) the procedure for manually updating long-range navigation systems,
7. (vii) airborne emergency procedures, including re-alignment, if applicable,
8. (viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and
9. (ix) RNAV systems;
(c) subject to subsections (2) and (3), the aircraft is equipped with at least two independent long-range navigation systems; and
(d) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

(2) An aircraft that is equipped with only one long-range navigation system, or that has only one functioning long-range navigation system, is restricted to routes in NAT-MNPS airspace that are specified — in paragraph 1.4.1 of the North Atlantic MNPS Airspace Operations Manual, published by ICAO — as routes for aircraft equipped with only one such system.

(3) An aircraft that is not equipped with a long-range navigation system is restricted to routes in NAT-MNPS airspace that are specified — in paragraph 1.4.2 of the North Atlantic MNPS Airspace Operations Manual, published by ICAO — as routes for aircraft not equipped with such a system.

RVSM Airspace

604.22 No person shall operate an aircraft in RVSM airspace unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received training in
1. (i) the floor, ceiling and horizontal boundaries of RVSM airspace,
2. (ii) rules on the exclusion of non-RVSM-compliant aircraft from the airspace,
3. (iii) the procedures to be followed by flight crew members with respect to
  1. (A) pre-flight and in-flight altimeter checks,
  2. (B) use of the automatic altitude control system,
  3. (C) items on the minimum equipment list (MEL) that are applicable to RVSM operations,
  4. (D) in-flight contingencies,
  5. (E) weather deviation procedures,
  6. (F) track offset procedures for wake turbulence,
  7. (G) inconsequential collision-avoidance systems alerts, and
  8. (H) pilot level-off call,
4. (iv) procedures in respect of non-RVSM-compliant aircraft required to carry out ferry flights, humanitarian flights or delivery flights, and
5. (v) the use of an Airborne Collision Avoidance System (ACAS) and a Traffic Alert and Collision Avoidance System (TCAS);
(c) the aircraft meets the requirements of paragraphs 8 and 9 of Advisory Circular 91-85, entitled Authorization of Aircraft and Operators for Flight in Reduced Vertical Separation Minimum Airspace — dated August 21, 2009 and published by the Federal Aviation Administration — and section 4.5 of NAT Doc 001, entitled Guidance and Information Material Concerning Air Navigation in the North Atlantic Region, published by ICAO;
(d) the private operator meets the requirements of paragraph 11 of that Advisory Circular and section 4.5 of that NAT Doc; and
(e) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of paragraph 11 of that Advisory Circular.

RNP 10 Separation Criteria

604.23 No person shall operate an aircraft in accordance with RNP 10 separation criteria unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received training in
1. (i) flight planning for RNP 10 operations,
2. (ii) navigation performance requirements for RNP 10 operations,
3. (iii) enroute procedures for RNP 10 operations, and
4. (iv) the contingency procedures for RNP 10 operations;
(c) the aircraft is eligible in accordance with the criteria set out in section 1.3.3 of Chapter 1 of Part B of Volume II of the PBN Manual;
(d) the aircraft is equipped as specified in section 1.3.4 of that Chapter of the PBN Manual;
(e) the equipment referred to in paragraph (d) meets the standards set out in sections 1.3.4, 1.3.6.1, 1.3.9.1 and 1.3.11 of that Chapter of the PBN Manual;
(f) the private operator has performed the actions referred to in sections 1.3.3.2.4, 1.3.5, 1.3.7, 1.3.8 and 1.3.9.2 to 1.3.9.9 of that Chapter of the PBN Manual; and
(g) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

Instrument Approaches — Global Positioning System (GPS)

604.24 No person shall conduct, in an aircraft for which a private operator is responsible, an instrument approach using a GPS receiver unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received the following training:
1. (i) if the private operator’s fleet of aircraft is equipped with more than one model of GPS receiver, training in the differences between the models, unless
  1. (A) each model of GPS receiver has a user interface comparable to the user interface of the model of GPS receiver that the flight crew members have been trained on, or
  2. (B) the flight crew members use only one model of GPS receiver,
2. (ii) hands-on training using
  1. (A) a desk-top version, or a simulator, of the model of GPS receiver to be used,
  2. (B) a computer-based simulation of the model of GPS receiver to be used, or
  3. (C) the GPS receiver to be used, while in a static aircraft,
3. (iii) in the case of a GPS receiver that is not integrated with the flight management system (a GPS receiver installed on the instrument panel),
  1. (A) training in
    1. (I) the GPS and its theory of operation,
    2. (II) GPS components and aircraft equipment,
    3. (III) the composition of the satellite constellation,
    4. (IV) the minimum number of satellites required for two- and three-dimensional navigation,
    5. (V) the basic concept of satellite ranging,
    6. (VI) the factors affecting the accuracy of GPS signals,
    7. (VII) the World Geodetic System 1984 datum and the effect of using any other datum,
    8. (VIII) the human factors associated with the use of the GPS and how errors can be reduced or eliminated,
    9. (IX) the private operator’s standard operating procedures, if any, for the use of the GPS receiver, and
    10. (X) the private operator’s procedures for reporting GPS problems and GPS receiver database errors,
  2. (B) training in the performance of the following operational tasks:
    1. (I) selecting the appropriate operational mode,
    2. (II) recalling categories of information contained in the GPS receiver database,
    3. (III) predicting the availability of receiver autonomous integrity monitoring (RAIM),
    4. (IV) entering and verifying user-defined waypoints,
    5. (V) recalling and verifying GPS receiver database waypoints,
    6. (VI) interpreting GPS navigational displays, including latitude, longitude, distance and bearing to waypoint, course deviation indicator, desired track, track made good, actual track and cross-track error,
    7. (VII) intercepting and maintaining GPS-defined tracks,
    8. (VIII) determining the navigation information necessary for the conduct of the flight, including ground speed and the estimated time of arrival at the next waypoint and at destination,
    9. (IX) indicating waypoint passage,
    10. (X) using the “direct to” function,
    11. (XI) linking the enroute portion of a flight plan to the GPS approach,
    12. (XII) conducting standard instrument departures, standard terminal area arrivals, terminal area procedures and holds,
    13. (XIII) retrieving, verifying and conducting GPS stand-alone approaches, and
    14. (XIV) conducting GPS missed approaches,
  3. (C) training in the performance of the following operational and serviceability checks:
    1. (I) the currency of the database and whether it covers the area of operation,
    2. (II) GPS receiver serviceability,
    3. (III) RAIM status,
    4. (IV) sensitivity of the course deviation indicator,
    5. (V) availability of position indication, and
    6. (VI) number of satellites acquired and, if the GPS receiver provides it, satellite position information, and
  4. (D) training to recognize and take appropriate action in response to GPS receiver warnings and messages,
  5. (C) training in the performance of the following serviceability checks:
    1. (I) RAIM status,
    2. (II) sensitivity of the course deviation indicator, and
    3. (III) number of satellites acquired and, if the GPS provides it, satellite position information, and
  6. (D) training to recognize and take appropriate action in response to GPS receiver warnings and messages, and
4. (iv) in the case of a GPS receiver integrated with the flight management system (GPS/FMS),
  1. (A) training in
    1. (I) the GPS and its theory of operation,
    2. (II) GPS components and aircraft equipment,
    3. (III) the composition of the satellite constellation,
    4. (IV) the minimum number of satellites required for two- and three-dimensional navigation,
    5. (V) the basic concept of satellite ranging,
    6. (VI) the factors affecting the accuracy of GPS signals,
    7. (VII) the World Geodetic System 1984 datum and the effect of using any other datum, and
    8. (VIII) the human factors associated with the use of the GPS and how errors can be reduced or eliminated,
5. (v) in-flight training
  1. (A) in the use of the GPS for approaches and other associated duties for each crew position that the flight crew member is to occupy,
  2. (B) in
    1. (I) an aircraft, or
    2. (II) a full flight simulator that is equipped with the same model of GPS receiver that is installed in the private operator’s aircraft or a model with a user interface comparable to the user interface of that GPS receiver, and
  3. (C) provided by a pilot who
    1. (I) has received training on the same model of GPS receiver that is installed in the private operator’s aircraft or a model with a user interface comparable to the user interface of that GPS receiver, and
    2. (II) has demonstrated, to the person who provided the training referred to in subclause (I), proficiency in the use of the same model of GPS receiver that is installed in the private operator’s aircraft or a model with a user interface comparable to the user interface of that GPS receiver;
(c) every flight crew member on board the aircraft has demonstrated to the Minister the ability to conduct an instrument approach using a GPS receiver in accordance with this section;
(d) the coverage area of the GPS receiver database is compatible with the area of operation and the type of operation to be conducted by the private operator;
(e) the private operator has established procedures to ensure that
1. (i) the GPS receiver database is updated so that it remains current, and
2. (ii) the flight crew members communicate any information in respect of GPS receiver database errors to the private operator’s other personnel, to the GPS receiver database provider and to the Minister;
(f) conducting an instrument approach using a GPS receiver does not adversely affect the duties and responsibilities of the flight crew members from the moment that the aircraft turns inbound on the final approach course to either the moment that it lands or the moment that it is established in the climb configuration on a missed approach;
(g) if the aircraft can be operated by two flight crew members, the GPS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew member who occupies the pilot station;
(h) if the aircraft can be operated by one flight crew member, the GPS course deviation and distance displays are located at the pilot station normally occupied by the pilot-in-command and within the primary field of vision of the flight crew member;
(i) if the aircraft can be operated by one flight crew member, but is operated by two flight crew members,
1. (i) the control display unit that is linked to the GPS receiver is centrally located in relation to the two pilot stations and provides navigation information that is visible to the pilot-not-flying, or
2. (ii) the GPS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew member who occupies the pilot station;
(j) the private operator has specified which pilot station the pilot flying and the pilot-not-flying are required to occupy during the conduct of an instrument approach using a GPS receiver, taking into account the location and model of the GPS receiver;
(k) in the case of an aircraft in which both the GPS guidance information and the distance measuring equipment (DME) information appears on the horizontal situation indicator (HSI) display, the private operator has established GPS approach procedures making it possible for flight crew members to deactivate the DME if it is not required for conducting an instrument approach using a GPS receiver;
(l) the private operator has established procedures for programming the GPS receiver to ensure that
1. (i) approach waypoints are verified against an aeronautical information publication,
2. (ii) the approach mode is armed, and
3. (iii) the cockpit NAV source switches and the automated flight control system guidance source switches are selected and verified;
(m) the private operator has established procedures for responding to GPS receiver warnings and messages, including RAIM warnings; and
(n) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

Instrument Approaches — Restricted Canada Air Pilot

604.25 Despite subsection 602.128(1) of the Regulations, a person may conduct, in an aircraft, an instrument approach that is not in accordance with an instrument procedure specified in the Canada Air Pilot for an aerodrome, if

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) in the case of a restricted instrument procedure specified in the Restricted Canada Air Pilot, the person conducts the approach in accordance with the requirements set out in that document in respect of the procedure; and
(c) in the case of a specialized restricted instrument procedure specified in the Restricted Canada Air Pilot,
1. (i) the person conducts the approach in accordance with the requirements set out in that document in respect of the procedure,
2. (ii) every flight crew member on board the aircraft has received the training necessary to mitigate the risks or hazards associated with that procedure with respect to the safety of the aircraft, persons or property,
3. (iii) the person conducts the approach in accordance with the operational procedures
  1. (A) established by the Minister in accordance with criteria set out in a document approved by the civil aviation authority of a foreign state or by ICAO in respect of the specialized restricted instrument procedure, or
  2. (B) established by the Minister taking into account the following criteria:
    1. (I) the environmental conditions at the aerodrome where the approach is to be conducted,
    2. (II) the nature of the risks or hazards to the safety of the aircraft, persons or property and the measures that are necessary to mitigate or remove those risks or hazards, and
    3. (III) the level of safety provided by those operational procedures,
4. (iv) the aircraft meets the requirements specified in the temporary private operator certificate for conducting the approach,
5. (v) the private operator meets the requirements specified in the temporary private operator certificate for conducting the approach, and
6. (vi) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

Terminal and Enroute Area Navigation Operations (RNAV 1 and RNAV 2)

604.26 No person shall operate an aircraft in accordance with separation criteria, terrain clearance criteria and any other criteria in respect of RNAV 1 or RNAV 2 operations unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received training in
1. (i) pre-flight procedures for initialisation, loading and verification of the area navigation system,
2. (ii) the normal operation of the area navigation system,
3. (iii) procedures for manually updating the area navigation system’s position,
4. (iv) the method of monitoring and cross-checking the area navigation system,
5. (v) the operation of the area navigation system in the compass unreliability area,
6. (vi) malfunction procedures,
7. (vii) terminal area procedures,
8. (viii) waypoint symbology, plotting procedures and record-keeping duties and practices,
9. (ix) timekeeping procedures,
10. (x) post-flight performance checks,
11. (xi) flight planning applicable to RNAV 1 or RNAV 2 operations,
12. (xii) navigation performance requirements applicable to RNAV 1 or RNAV 2 operations,
13. (xiii) enroute procedures applicable to RNAV 1 or RNAV 2 operations, and
14. (xiv) contingency procedures applicable to RNAV 1 or RNAV 2 operations;
(c) the aircraft is eligible in accordance with the criteria set out in section 3.3.2.4 of Chapter 3 of Part B of Volume II of the PBN Manual;
(d) the aircraft is equipped as specified in section 3.3.3 of that Chapter of the PBN Manual;
(e) the equipment referred to in paragraph (d) meets the standards set out in sections 3.3.4.1 and 3.3.6 of that Chapter of the PBN Manual;
(f) the private operator has performed the actions referred to in sections 3.3.2.5.5, 3.3.4.1.1, 3.3.4.1.3 to 3.3.4.1.5 and 3.3.4.2 to 3.3.4.5 of that Chapter of the PBN Manual;
(g) every flight crew member on board the aircraft has demonstrated to the Minister the ability to operate the aircraft in accordance with this section; and
(h) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

RNP 4 Separation Criteria

604.27 No person shall operate an aircraft in accordance with RNP 4 separation criteria unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received the training referred to in paragraph 604.26(b);
(c) the aircraft is eligible in accordance with the criteria set out in section 1.3.2.3 of Chapter 1 of Part C of Volume II of the PBN Manual;
(d) the aircraft is equipped as specified in sections 1.3.3.1, 1.3.4.2 and 1.3.4.3.1 of that Chapter of the PBN Manual;
(e) the equipment referred to in paragraph (d) meets the standards set out in sections 1.3.3.2, 1.3.3.3 to 1.3.3.7 and 1.3.6.1 of that Chapter of the PBN Manual;
(f) the private operator has performed the actions referred to in sections 1.3.2.4.6, 1.3.4.1, 1.3.4.3.2 to 1.3.4.3.4, 1.3.6.2 and 1.3.6.3 of that Chapter of the PBN Manual; and
(g) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

RNAV 5 Separation Criteria

604.28 No person shall operate an aircraft in accordance with RNAV 5 separation criteria unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) every flight crew member on board the aircraft has received the training referred to in paragraph 604.26(b);
(c) the aircraft is eligible in accordance with the criteria set out in section 2.3.2.4 of Chapter 2 of Part B of Volume II of the PBN Manual;
(d) the aircraft is equipped as specified in the portion of section 2.3.3 of that Chapter of the PBN Manual before section 2.3.3.1;
(e) the equipment referred to in paragraph (d) meets the standards set out in sections 2.3.3.1 to 2.3.3.3 of that Chapter of the PBN Manual;
(f) the private operator has performed the actions referred to in sections 2.3.2.5.6 and 2.3.4 of that Chapter of the PBN Manual; and
(g) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

Precision Approaches — CAT II and CAT III

604.29 No person shall conduct a CAT II or a CAT III precision approach in an aircraft unless

(a) the requirements of section 602.128 of the Regulations are met;
(b) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(c) every flight crew member on board the aircraft has demonstrated to the Minister the ability to conduct the approach in accordance with this section; and
(d) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this section.

Operations Specifications Authorized by the Minister

604.30 (1) No person shall conduct, in an aircraft, an operation in respect of an operations specification that is not set out in sections 604.17 to 604.29 unless

(a) the private operator responsible for the aircraft is authorized to do so in its temporary private operator certificate;
(b) the Minister has authorized the operations specification in accordance with subsection (3);
(c) every flight crew member on board the aircraft has received the training specified by the Minister under subsection (2);
(d) every flight crew member on board the aircraft has demonstrated to the Minister the ability to conduct the operation in accordance with the technical requirements and to take the measures that are necessary to manage or mitigate the risks in respect of that operation; and
(e) the private operator’s operations manual contains procedures to ensure that the private operator meets the requirements of this subsection.

(2) The Minister shall specify the training referred to in paragraph (1)(c) taking into account

(a) any training that is recommended by the civil aviation authority of a foreign state or by ICAO in respect of an operations specification;
(b) the risks and hazards associated with the operations specification with respect to the safety of the aircraft, persons or property; and
(c) the level of safety required by the operation.

(3) The Minister shall authorize an operations specification that is not set out in sections 604.17 to 604.29 if

(a) the operations specification is subject to
1. (i) technical requirements established by the civil aviation authority of a foreign state or by ICAO, or
2. (ii) a third party submission in respect of technical requirements and risk mitigation measures;
(b) in the case referred to in subparagraph (a)(i), the adoption of the operations specification is necessary for the conduct of flights abroad and in Canada by private operators and those flights can be conducted in a safe manner; and
(c) in the case referred to in subparagraph (a)(ii), technical requirements and risk mitigation measures are sufficient to ensure the safety of the flights to be conducted by private operators and will not have an adverse effect on aviation safety.

Division V — Flight Operations — Passengers

Flight Attendants

604.31 (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft that is specified in a temporary private operator certificate and that has more than 12 passengers on board unless the crew includes one flight attendant for each unit of 40 passengers or for each portion of such a unit.

(2) A flight attendant is not required on board an aircraft with 13 to 19 passengers if

(a) the aircraft is equipped with a pilot-in-command station and a second-in-command station and is operated by a pilot-in-command and a second-in-command;
(b) the passenger cabin is readily accessible from the flight deck; and
(c) the flight crew members are able to exercise supervisory control over the passengers during flight by visual and aural means.

Cabin Safety

604.32 (1) In the case of an aircraft that is specified in a temporary private operator certificate, no person shall move the aircraft on the surface, direct that the aircraft be moved or conduct a take-off in the aircraft unless

(a) safety belts are adjusted and fastened in accordance with paragraph 605.26(1)(a) of the Regulations, infants are held in accordance with paragraph 605.26(1)(b) of the Regulations and persons using child restraint systems are secured in accordance with paragraph 605.26(1)(c) of the Regulations;
(b) subject to subsection (5), seat backs are secured in the upright position;
(c) chair tables are stowed;
(d) carry-on baggage is stowed; and
(e) no seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, including by a passenger who has not been informed as to how that exit operates.

(2) No person shall conduct a landing in an aircraft that is specified in a temporary private operator certificate unless

(a) passengers have been directed to
1. (i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a) of the Regulations, hold infants in accordance with paragraph 605.26(1)(b) of the Regulations and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c) of the Regulations,
2. (ii) subject to subsection (5), secure their seat backs in the upright position,
3. (iii) stow their chair tables, and
4. (iv) stow their carry-on baggage; and
(b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, the passenger has been directed to move to another seat.

(3) The pilot-in-command of an aircraft that is specified in a temporary private operator certificate shall, in the event of an emergency and if time and circumstances permit,

(a) direct passengers to
1. (i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a) of the Regulations, hold infants in accordance with paragraph 605.26(1)(b) of the Regulations and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c) of the Regulations,
2. (ii) subject to subsection (5), secure their seat backs in the upright position,
3. (iii) stow their chair tables,
4. (iv) stow their carry-on baggage,
5. (v) review the safety features card and assume the brace position until the aircraft stops moving, and
6. (vi) in the event of an emergency over water, don their life preservers; and
(b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, direct the passenger to move to another seat.

(4) The pilot-in-command of an aircraft that is specified in a temporary private operator certificate shall, if the “fasten safety belt” sign is turned on during the flight, direct passengers to

(a) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a) of the Regulations, hold infants in accordance with paragraph 605.26(1)(b) of the Regulations and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c) of the Regulations; and
(b) stow their carry-on baggage.

(5) The seat of a passenger who is certified by a physician as unable to sit upright may remain in the reclining position during movement on the surface, take-off and landing if

(a) the passenger is seated in a location that would not restrict the evacuation of the aircraft;
(b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and
(c) the seat immediately behind the passenger’s seat is vacant.

Fuelling with Passengers on Board

604.33 (1) Despite section 602.09 of the Regulations, a person may permit the fuelling of an aircraft that is specified in a temporary private operator certificate and that has passengers on board — or that has passengers embarking or disembarking — if

(a) in order for persons on board the aircraft to be provided with prompt notification of a situation that could threaten their safety, two-way communication is maintained between the ground personnel who supervise the fuelling and a person on board the aircraft who has received training in respect of emergency evacuation procedures for that type of aircraft;
(b) in respect of an aircraft that is an aeroplane,
1. (i) no engine is running unless it is equipped with a propeller brake and that brake is set, and
2. (ii) the aircraft flight manual refers to an engine that has a propeller brake as an auxiliary power unit;
(c) no ground power generator or other electrical ground power supply is being connected to or disconnected from the aircraft;
(d) no combustion heater installed on the aircraft is being used;
(e) every combustion heater used in the vicinity of the aircraft has a marking, applied by the manufacturer, indicating that it is manufactured to Canadian Standards Association (CSA) or Underwriters’ Laboratories of Canada (ULC) standards;
(f) no high-energy-emitting equipment, including high-frequency radios and airborne weather radar, is being operated unless the aircraft flight manual contains procedures for its use during fuelling and those procedures are followed;
(g) no aircraft battery is being removed or being installed;
(h) no external battery charger is being operated or is being connected to or disconnected from an aircraft battery;
(i) no auxiliary power unit having an efflux that discharges into the fuelling safety zone — which extends three metres (10 feet) radially from the filling and venting points on the aircraft and from the fuelling equipment — is started after filler caps are removed or fuelling connections are made;
(j) no auxiliary power unit that is stopped is restarted until the flow of fuel has ceased, unless the aircraft flight manual establishes procedures for restarting it during fuelling and those procedures are followed;
(k) no tool that is likely to produce a spark or electric arc is being used;
(l) no photographic equipment is being used within three metres (10 feet) of the filling or venting points on the aircraft or the fuelling equipment;
(m) fuelling is suspended if there is a lightning discharge within eight kilometres of the aerodrome;
(n) the fuelling is carried out in accordance with the aircraft manufacturer’s instructions;
(o) the aircraft emergency lighting system, if any, is armed or on;
(p) “no smoking” signs, if any, on board the aircraft are illuminated;
(q) no passenger is operating a portable electronic device or smoking or otherwise producing a source of ignition;
(r) two exits — one of which is the door through which passengers embarked — are clear and are available for immediate use by passengers and crew members in the event of an evacuation;
(s) the escape route from each of the exits referred to in paragraph (r) is clear and is available for immediate use by passengers and crew members in the event of an evacuation;
(t) a person who is authorized by the private operator to suspend fuelling is on board the aircraft and is ready to direct the suspension of fuelling if a requirement of this subsection ceases to be met;
(u) a means of evacuation is in place at the door used for embarking and disembarking passengers, is free of obstruction and is available for immediate use by passengers and crew members;
(v) the person on board the aircraft who is referred to in paragraph (a) is ready to initiate and direct an evacuation and is at or near the door referred to in paragraph (u); and
(w) the embarkation door is open, unless
1. (i) a crew member determines that, for climatic reasons, it is desirable to close it,
2. (ii) a crew member is on board the aircraft, and
3. (iii) the door
  1. (A) opens inward or can be fully opened to the exterior without repositioning the loading stairs or stand,
  2. (B) is latched, if that is necessary in order to keep it closed, and
  3. (C) is not locked.

(2) The person referred to in paragraph (1)(t) shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met.

Passenger Briefings

604.34 (1) Despite section 602.89 of the Regulations, no person shall conduct a take-off in an aircraft that is specified in a temporary private operator certificate unless passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information:

(a) when and where carry-on baggage is to be stowed;
(b) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;
(c) when seat backs are to be secured in the upright position and chair tables are to be stowed;
(d) the location of emergency exits and, in the case of a passenger seated next to one, how that exit operates;
(e) the location and purpose of the safety features card;
(f) the requirement to comply with the instructions given by crew members and with the “fasten safety belt” and “no smoking” signs, and the location of those signs;
(g) the location of the emergency equipment required under sections 602.62 and 602.63 of the Regulations, and under subsections 604.44(1) and (2) and section 604.45, and how to access that equipment;
(h) the portable electronic devices that may be used and when they may be used;
(i) the location and operation of the passenger oxygen system, if any, including
1. (i) the location of the masks and a demonstration of their use,
2. (ii) the actions to be performed by the passenger in order to
  1. (A) obtain a mask,
  2. (B) activate the flow of oxygen, and
  3. (C) don and secure the mask, and
3. (iii) the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask;
(j) the use of life preservers, including how to remove them from their packaging, how to don them and when to inflate them; and
(k) when and where smoking is prohibited.

(2) No person shall permit passengers to disembark from an aircraft that is specified in a temporary private operator certificate unless the passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information:

(a) the safest route for passengers to take in order to move away from the aircraft; and
(b) the hazards, if any, associated with the aircraft, including the location of Pitot tubes, propellers, rotors and engine intakes.

(3) If the safety briefing referred to in subsection (1) is not sufficient for a passenger — because of his or her physical, sensory or comprehension limitations or because the passenger is responsible for another person on board the aircraft — the passenger shall, subject to subsection (4), be given a safety briefing that consists of the following:

(a) communication of the elements of the safety briefing referred to in subsection (1)
1. (i) that the passenger is not able to receive during that briefing or by referring to the safety features card, and
2. (ii) that are necessary for the safety of the persons on board the aircraft;
(b) communication of
1. (i) the most appropriate brace position for the passenger given the passenger’s condition, injury or stature and the orientation and pitch of his or her seat, and
2. (ii) where the passenger’s service animal, if any, is to be located;
(c) in the case of a mobility-impaired passenger who would need assistance in order to move to an exit in the event of an emergency, communication of
1. (i) the most appropriate exit for the passenger to use,
2. (ii) the assistance that the passenger would require to reach that exit,
3. (iii) the most appropriate means to provide that assistance,
4. (iv) the most appropriate route to that exit, and
5. (v) the most appropriate time to begin to move to that exit;
(d) in the case of a visually impaired passenger,
1. (i) a tactile familiarization with
  1. (A) the equipment that the passenger may be required to use in the event of an emergency, and
  2. (B) if requested, the exits, and
2. (ii) communication of
  1. (A) where the passenger’s cane, if any, is to be stored,
  2. (B) the number of rows of seats separating the passenger’s seat from the closest exit and from the alternate exit, and
  3. (C) the features of those exits;
(e) in the case of a passenger who is responsible for another person on board the aircraft, communication of
1. (i) if the passenger is responsible for an infant,
  1. (A) the requirement to fasten the passenger’s safety belt — and shoulder harness, if any — without securing the infant in that safety belt or shoulder harness,
  2. (B) how to hold the infant during take-off and landing,
  3. (C) how to use the child restraint system, if any,
  4. (D) how to place and secure the oxygen mask on the infant’s face,
  5. (E) the most appropriate brace position, and
  6. (F) the location of the infant’s life preserver, how to remove it from its location and its packaging, how to assist the infant with donning it and when to inflate it, and
2. (ii) if the passenger is responsible for any other person,
  1. (A) how to assist that person with donning and securing his or her oxygen mask, and
  2. (B) how to use that person’s personal restraint system, if any, on board the aircraft; and
(f) in the case of an unaccompanied minor, communication of the need to pay close attention to the safety briefing.

(4) A passenger may decline the safety briefing referred to in subsection (3).

Safety Features Card

604.35 A private operator shall, before the safety briefing referred to in subsection 604.34(1), provide each passenger at his or her seat with a safety features card that shows the type of aircraft and that contains only safety information in respect of the aircraft, including

(a) when and where smoking is prohibited;
(b) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;
(c) when and where carry-on baggage is to be stowed;
(d) the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing;
(e) the location and operation of the passenger oxygen system, if any, including
1. (i) the location of the masks and a description of their use,
2. (ii) the actions to be performed by the passenger in order to
  1. (A) obtain a mask,
  2. (B) activate the flow of oxygen, and
  3. (C) don and secure the mask, and
3. (iii) the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask;
(f) the location of first aid kits;
(g) the location of hand-held fire extinguishers that are accessible to passengers;
(h) the location of emergency locator transmitters;
(i) the location of survival equipment and how to access that equipment;
(j) passenger brace positions
1. (i) for each type of seat and passenger restraint system, and
2. (ii) for an adult who is holding an infant;
(k) the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of aircraft configuration;
(l) the safest route for passengers to take in order to move away from the aircraft in the event of an emergency;
(m) the attitude of the aircraft while floating, as determined by the aircraft manufacturer;
(n) the location of life preservers, how to remove them from their packaging, how they are to be donned — by adults, by children aged two years or older and by infants — and when to inflate them;
(o) the location, removal and use of flotation devices and of life rafts, if any; and
(p) the form, function, colour and location of the floor proximity emergency escape path markings, if any.

Division VI — Flight Time and Flight Duty Time

Flight Time Limits

604.36 (1) No private operator shall assign flight time to a flight crew member — and no flight crew member shall accept such an assignment — if the flight crew member’s total flight time in all flights conducted under this Subpart, or Part ⅠV or Part VII of the Regulations, would, as a result, exceed

(a) 1,200 hours in a period of 12 consecutive months;
(b) 300 hours in a period of 90 consecutive days;
(c) 120 hours in a period of 30 consecutive days; or
(d) 8 hours in a period of 24 consecutive hours, if the assignment is for a single-pilot IFR flight.

(2) If a flight crew’s flight duty time is extended under section 604.39, each flight crew member accumulates, for the purposes of subsection (1), the total flight time for the flight or the total flight time for the series of flights, as the case may be.

Flight Duty Time Limits and Rest Periods

604.37 (1) Subject to sections 604.38 to 604.40, no private operator shall assign flight duty time to a flight crew member — and no flight crew member shall accept such an assignment — if the flight crew member’s flight duty time would, as a result, exceed

(a) 14 consecutive hours in any period of 24 consecutive hours; or
(b) 15 consecutive hours in any period of 24 consecutive hours, if
1. (i) the flight crew member’s total flight time in the previous 30 consecutive days does not exceed 70 hours, or
2. (ii) the rest period before the flight is at least 24 hours.

(2) A private operator shall ensure that, prior to reporting for flight duty, a flight crew member is provided with the minimum rest period and with any additional rest period required by this Division.

(3) A flight crew member shall use the following periods to be adequately rested prior to reporting for flight duty:

(a) the minimum rest period provided in accordance with subsection (2);
(b) any additional rest period required by this Division; and
(c) any period with no assigned duties provided in accordance with section 604.42.

Split Flight Duty Time

604.38 Flight duty time may be extended by one-half the length of the rest period, to a maximum of four hours, if

(a) before a flight crew member reports for the first flight or reports as a flight crew member on standby, as the case may be, the private operator provides the flight crew member with notice of the extension of the flight duty time;
(b) the private operator provides the flight crew member with a rest period of at least four consecutive hours in suitable accommodation; and
(c) the flight crew member’s next minimum rest period is increased by an amount of time at least equal to the length of the extension of the flight duty time.

Extension of Flight Duty Time

604.39 If a flight crew is augmented by at least one flight crew member, if there is a balanced distribution of flight deck duty time and rest periods among the flight crew members, and if the next minimum rest period is at least equal to the length of the preceding flight duty time, the flight crew’s flight duty time may be extended

(a) to 17 hours with a maximum flight deck duty time of 12 hours, if a flight relief facility-seat is provided; and
(b) to 20 hours with a maximum flight deck duty time of 14 hours, if a flight relief facility-bunk is provided.

Unforeseen Operational Circumstances

604.40 (1) Flight duty time may be extended by up to three hours if

(a) the pilot-in-command, after consultation with the other flight crew members, considers it safe to do so;
(b) the flight duty time is extended as a result of unforeseen operational circumstances;
(c) the next minimum rest period is increased by an amount of time at least equal to the length of the extension of the flight duty time; and
(d) the pilot-in-command notifies the private operator of the unforeseen operational circumstances and of the length of the extension of the flight duty time.

(2) The private operator shall retain a copy of the notification for five years.

Delayed Reporting Time

604.41 A flight crew member’s flight duty time starts three hours after the flight crew member’s scheduled reporting time if

(a) the flight crew member is notified of the delay at least two hours before the scheduled reporting time; and
(b) the delay is more than three hours.

Time with no Assigned Duties

604.42 No private operator shall assign duties to a flight crew member — and no flight crew member shall accept such an assignment — unless the private operator provides the flight crew member with one of the following periods with no assigned duties:

(a) at least 36 consecutive hours in each period of seven consecutive days; or
(b) at least 3 consecutive calendar days in each period of 17 consecutive days.

Rest Period — Flight Crew Member Positioning

604.43 If a flight crew member is required by a private operator to travel for the purpose of positioning after the completion of flight duty time, the private operator shall provide the flight crew member with an additional rest period at least equal to one-half the time spent for that purpose that is in excess of the flight duty time referred to in paragraphs 604.37(1)(a) and (b).

Division VII — Emergency Equipment

Survival Equipment

604.44 (1) No person shall operate over land an aircraft that is specified in a temporary private operator certificate, other than an aircraft referred to in subsection 602.61(2) of the Regulations, unless there is carried on board a survival manual that contains information about how to survive on the ground and how to use the survival equipment carried on board for the purposes of subsection 602.61(1) of the Regulations.

(2) Despite subparagraph 602.63(6)(c)(iii) of the Regulations, a survival kit shall contain a pyrotechnic signalling device, signalling mirror and dye marker for visually signalling distress.

(3) In addition to meeting the requirements of paragraph 602.63(6)(c) of the Regulations, the survival kit shall contain

(a) a radar reflector;
(b) a life raft repair kit;
(c) a bailing bucket and sponge;
(d) a whistle;
(e) a waterproof flashlight;
(f) a two-day supply of potable water — based on 500 millilitres per person per day and calculated using the overload capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 millilitres of potable water per person per day;
(g) a waterproof survival manual that contains information about how to survive at sea; and
(h) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills.

First Aid Kits

604.45 (1) Despite paragraph 602.60(1)(h) of the Regulations, no person shall conduct a take-off in an aircraft that is specified in a temporary private operator certificate, and that is configured as follows, unless there is carried on board the corresponding number of first aid kits, each containing the supplies and equipment set out in the Aviation Occupational Safety and Health Regulations for a Type A first aid kit:

(a) configured for 20 to 50 passenger seats, one kit;
(b) configured for 51 to 150 passenger seats, two kits;
(c) configured for 151 to 250 passenger seats, three kits; and
(d) configured for 251 or more passenger seats, four kits.

(2) The first aid kits shall be distributed throughout the cabin, be readily available to crew members and to passengers, if any, and be clearly identified. If they are stowed in a bin or compartment, the bin or compartment shall be clearly marked as containing a first aid kit.

Protective Breathing Equipment

604.46 (1) No person shall conduct a take-off in a pressurized aircraft that is specified in a temporary private operator certificate, and that has flight attendants on board, unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available

(a) at the entry into each Class A, B or E cargo compartment that is accessible to crew members during flight;
(b) at the site of each hand-held fire extinguisher located in an isolated galley;
(c) on the flight deck; and
(d) at the site of each hand-held fire extinguisher required under section 604.47.

(2) If the breathable gas in the protective breathing equipment referred to in subsection (1) is oxygen, each unit of that equipment reduces by 15 minutes the crew member oxygen requirements specified in subsection 605.31(2) of the Regulations.

Hand-held Fire Extinguishers

604.47 No person shall conduct a take-off in an aircraft that is specified in a temporary private operator certificate unless

(a) hand-held fire extinguishers are available as follows:
1. (i) they are distributed, throughout every passenger compartment configured as follows, in the corresponding numbers:
  1. (A) configured for fewer than 20 passenger seats, one extinguisher,
  2. (B) configured for 20 to 60 passenger seats, two extinguishers,
  3. (C) configured for 61 to 200 passenger seats, three extinguishers, and
  4. (D) configured for 201 or more passenger seats, one additional extinguisher for each additional unit of 100 passenger seats,
2. (ii) one fire extinguisher is located at the entry into each Class E cargo compartment that is accessible to crew members during flight, and
3. (iii) one fire extinguisher is located in each isolated galley;
(b) the hand-held fire extinguisher required under clause (a)(i)(A) — or at least one of the hand-held fire extinguishers required under clause (a)(i)(B), (C) or (D) — contains Halon 1211 (bromochlorodifluoromethane) or its equivalent; and
(c) the bin or compartment, if any, in which a hand-held fire extinguisher is stowed is clearly marked as containing a fire extinguisher.

Division VIII — Maintenance

Maintenance Manager

604.48 (1) The maintenance manager appointed under paragraph 604.10(1)(a) is responsible for the maintenance control system.

(2) The maintenance manager may assign to another person management functions for specific maintenance control activities if the operations manual contains the following:

(a) a description of those functions; and
(b) a list of any persons, identified either by name or by position, to whom those functions may be assigned.

(3) The maintenance manager shall remove an aircraft from operation if the removal is justified because of non-compliance with the requirements of the Regulations or this Subpart or because of a risk to the safety of the aircraft, persons or property.

Maintenance Control System

604.49 A private operator shall establish, in respect of its aircraft, a maintenance control system that includes the following:

(a) procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V of the Regulations are used in the performance of maintenance, elementary work and servicing, including
1. (i) the details of part pooling arrangements, if any, that have been entered into by the private operator, and
2. (ii) procedures used for the inspection and storage of incoming parts and materials;
(b) if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c) of the Regulations, the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work;
(c) procedures to record the servicing performed in respect of an aircraft;
(d) procedures to ensure that the persons who perform or request the performance of maintenance, elementary work or servicing meet the requirements of section 604.50;
(e) procedures to ensure that an aircraft is not dispatched unless it is
1. (i) airworthy, and
2. (ii) equipped and configured for the intended use;
(f) a description of the defect reporting and rectification procedures required by section 604.51;
(g) the aircraft service information review procedures required by section 604.53;
(h) procedures to ensure that the records referred to in section 604.54 are established, retained and provided in accordance with that section;
(i) procedures to ensure that tasks required by a maintenance schedule or by an airworthiness directive are completed within the time limits set out in Subpart 5 of Part VI of the Regulations;
(j) procedures to ensure that the aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI of the Regulations;
(k) a general description of the maintenance schedule required by paragraph 605.86(1)(a) of the Regulations and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2) of the Regulations; and
(l) procedures to ensure that the maintenance and elementary work performed in respect of an aircraft, and the defects of an aircraft, are recorded in a technical record kept under subsection 605.92(1) of the Regulations.

Maintenance, Elementary Work and Servicing

604.50 (1) No private operator shall authorize a person to perform maintenance, elementary work or servicing on its aircraft unless

(a) the person is an employee of the private operator and
1. (i) has received training in the performance rules set out in section 571.02 of the Regulations, the recording requirements set out in section 571.03 of the Regulations and the record-keeping requirements set out in section 605.92 of the Regulations, and
2. (ii) in the case of elementary work, has performed that work under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or
(b) the person is authorized to do so under an agreement.

(2) The agreement referred to in paragraph (1)(b) shall

(a) be in writing;
(b) describe the maintenance, elementary work or servicing to be performed, including the specific tasks and activities and the conditions under which they are to be performed; and
(c) provide that the private operator is responsible for ensuring that the maintenance, elementary work or servicing is performed.

Defect Reporting and Rectification

604.51 A private operator shall establish procedures to ensure that

(a) the defects of an aircraft are recorded in accordance with subsection 605.94(1) of the Regulations;
(b) the defects of an aircraft are rectified in accordance with the requirements of Subpart 71 of Part V of the Regulations;
(c) the defects of an aircraft that recur three times within 15 flights are identified and are reported as recurring defects to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification;
(d) aircraft defects the rectification of which is deferred under section 605.09 or 605.10 of the Regulations are scheduled for rectification; and
(e) the rectification of a recurring defect takes into account the methodology used in previous repair attempts.

Service Difficulty Reporting

604.52 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V of the Regulations, any service difficulty related to the aircraft that it operates under this Subpart.

Aircraft Service Information Review

604.53 A private operator shall establish procedures to ensure that

(a) it is aware of the aircraft service information that the manufacturer produces in respect of the aeronautical products used by the private operator;
(b) the aircraft service information is assessed and the results of this assessment are dated and signed by the maintenance manager and retained for six years; and
(c) the maintenance schedule or other procedure is, if necessary, amended in response to the assessment.

Personnel Records

604.54 A private operator shall establish, for each person who performs maintenance, elementary work or servicing on its aircraft, a record of the following, and shall retain the record for two years after the day on which an entry is made:

(a) whether the person is authorized under section 571.11 of the Regulations to sign a maintenance release as required by section 571.10 of the Regulations; and
(b) whether the person has performed elementary work in accordance with subparagraph 604.50(1)(a)(ii).

SCHEDULE 2
(Subsections 1(5) and 2(2) and (3))

DESIGNATED PROVISIONS
Column I Designated Provision	Column II Maximum Amount of Penalty ($)
Column I Designated Provision	Individual	Corporation
DIVISION I — TEMPORARY PRIVATE OPERATOR CERTIFICATE
Section 604.03	5,000	25,000
Section 604.08	1,000	5,000
Section 604.09	1,000	5,000
Subsection 604.10(1)	3,000	15,000
DIVISION III — FLIGHT OPERATIONS — DOCUMENTS
Subsection 604.13(1)	3,000	15,000
Subsection 604.15(1)	1,000	5,000
Subsection 604.15(2)	1,000	5,000
Subsection 604.15(3)	1,000	5,000
DIVISION IV — FLIGHT OPERATIONS — OPERATIONS SPECIFICATIONS
Section 604.19	3,000	15,000
Section 604.20	3,000	15,000
Subsection 604.21(1)	3,000	15,000
Section 604.22	3,000	15,000
Section 604.23	3,000	15,000
Section 604.24	3,000	15,000
Section 604.26	3,000	15,000
Section 604.27	3,000	15,000
Section 604.28	3,000	15,000
Section 604.29	3,000	15,000
Subsection 604.30(1)	3,000	15,000
DIVISION V — FLIGHT OPERATIONS — PASSENGERS
Subsection 604.31(1)	3,000	15,000
Subsection 604.32(1)	3,000	15,000
Subsection 604.32(2)	3,000	15,000
Subsection 604.32(3)	3,000	15,000
Subsection 604.32(4)	1,000	5,000
Subsection 604.33(2)	1,000	5,000
Subsection 604.34(1)	3,000	15,000
Subsection 604.34(2)	3,000	15,000
Section 604.35	3,000	15,000
DIVISION VI — FLIGHT TIME AND FLIGHT DUTY TIME
Subsection 604.36(1)	5,000	25,000
Subsection 604.37(1)	3,000	15,000
Subsection 604.37(2)	3,000	15,000
Subsection 604.40(2)	1,000	5,000
Section 604.42	3,000	15,000
Section 604.43	3,000	15,000
DIVISION VII — EMERGENCY EQUIPMENT
Subsection 604.44(1)	1,000	5,000
Subsection 604.45(1)	3,000	15,000
Subsection 604.46(1)	3,000	15,000
Section 604.47	3,000	15,000
DIVISION VIII — MAINTENANCE
Section 604.52	3,000	15,000
Section 604.54	1,000	5,000

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

Proposal

Interim Order No. 10 Respecting Private Operators (the “Interim Order”),made under subsection 6.41(1) of the Aeronautics Act by the Minister of Transport, returns the functions of certification and oversight of private operators of business aircraft to Transport Canada.

TheInterim Order, in accordance with subsection 6.41(2) of the Aeronautics Act, ceases to have effect 14 days after it is made unless it is approved by the Governor in Council (GIC). Following GIC approval, the Interim Order, in accordance with subsection 6.41(3) of the Aeronautics Act, will remain in force for one year or until regulations having the same effect are made.

Objective

The objective of the Interim Order is to allow Transport Canada to provide certification and oversight of private operators while a new regulatory framework is developed as part of the Canadian Aviation Regulations (the “CARs”).

Proposed amendments to the CARs will be submitted within one year to the Governor in Council for consideration.

Background

In 2005, Transport Canada amended Subpart 604 of the CARsto enable the Canadian Business Aviation Association (the “CBAA”) to issue a private operator certificate to private operators of business aircraft and monitor their operations.

Following a review, the Minister announced on March 16, 2010, that the certification and the oversight of operators are core responsibilities of Transport Canada and should not be conducted by the private sector for business aviation.

Following the Minister’s announcement, the CBAA restructured its activities in anticipation of the discontinuance of its certification function as of April 1, 2011.

Transport Canada chose ministerial interim orders as the means to provide protection for the public and replace the CBAA from its certification and oversight functions while the proposed regulation was prepared for prepublication.

On April 16, 2011, Interim Order No. 1 Respecting Private Operators, which was made by the Minister under subsection 6.41(1) of the Aeronautics Act, was published in Canada Gazette, Part Ⅰ. Interim Order No. 9 Respecting Private Operators was made by the Minister, and approved by the Governor in Council on July 14, 2011.

Following the making of Interim Order No. 9Respecting Private Operators by the Minister, Transport Canada aimed toward implementing at the earliest opportunity a regulatory framework to replace that interim order.

Concurrently, Transport Canada had frequent informal exchanges with the CBAA, which still represents stakeholders from this sector of the industry. These exchanges led Transport Canada to reconsider some aspects of its policy with respect to the business aviation sector.

In May 2012, Transport Canada convened a focus group composed of industry and government representatives to seek more input on the extent of regulation required for this sector.

The Interim Order is required as Transport Canada is finalizing the regulatory framework for Canadian private operators of business aircraft.

Implications

The CBAA did not have the capacity to conduct the oversight of private operators that are operating business aircraft past March 31, 2011.

Without the means of ministerial interim orders, a legislative gap would have resulted for these operators, creating a significant risk to aviation safety and the safety of the public. Specifically, the Minister would not have been able to issue certificates or to take certain enforcement actions against a private operator where safety was compromised.

The Interim Order would extend the Minister’s ability to provide a regulatory structure for the certification and oversight of private operators of business aircraft, as the Department is furthering the regulatory framework that will govern this sector of civil aviation.

Overall, the Interim Order does not impose a heavier regulatory burden on private operators than did the former regulations authorizing the CBAA to issue and oversee certification.

Consultation

Following the March 2010 announcement, Transport Canada briefed stakeholders at the May 2010 plenary meeting of the Canadian Aviation Regulation Advisory Council (CARAC) on the repatriation of the certification functions of private operators to Transport Canada. Meetings subsequently took place with the Board of Directors of the CBAA over several months.

On February 24, 2011, the Board of Directors of the CBAA was briefed on the proposed Interim Order. The CBAA was satisfied with the briefing and follow up discussions with the association that have been held to clarify specific issues.

Since the making of Interim Order No. 9 Respecting Private Operators on July 14, 2011, Transport Canada has had frequent informal exchanges with the CBAA. The CBAA has been consulted with respect to the making of Interim Order No. 10 Respecting Private Operators.

Transport Canada is presently finalizing the draft regulations for prepublication in the Canada Gazette, Part Ⅰ.

Departmental contact

Marie-Anne Dromaguet
Chief
Regulatory Affairs
Policy and Regulatory Services
Transport Canada
Email: marie-anne.dromaguet@tc.gc.ca
Telephone: 613-990-1184

[28-1-o]

NOTICE OF VACANCY

CANADIAN MUSEUM FOR HUMAN RIGHTS

Chairperson (part-time position)

The Canadian Museum for Human Rights was established as a federal Crown corporation under the Museums Act in March 2008. Located in Winnipeg, this national institution and member of the Canadian Heritage Portfolio is responsible for exploring the subject of human rights, with special but not exclusive reference to Canada, in order to enhance the public’s understanding of human rights, to promote respect for others and to encourage reflection and dialogue. The museum will, through research, exhibitions, programs and Web sites, navigate complex human rights issues (past and present, Canadian and international, failures and successes) in fulfilling its mandate.

The Museum is governed by a Board of Trustees composed of a Chairperson, a Vice-Chairperson and nine other trustees. The Board has the overall stewardship of the Museum and is expected to provide strategic guidance to management and to oversee the activities of the Museum. It has a duty to act in the best interests of the Museum and to exercise care and due diligence. The Chairperson is responsible for the proper conduct of the Board meetings in such a way that the Museum carries out its mandate and objectives effectively, ensures good value for public funds, remains viable and holds management accountable for its performance.

The successful candidate must possess a degree from a recognized university or an acceptable combination of relevant education, job-related training and/or experience. Experience on a board of directors/trustees, preferably as chairperson, is required, as well as experience at the senior management level within the private or public sector. The ideal candidate possesses experience in the development of strategies, objectives, plans, best business practices and corporate governance. Experience in dealing with the federal government, preferably with senior government officials, as well as experience in dealing with cultural institutions, is considered an asset. Experience in fundraising activities is also considered an asset.

The ideal candidate should possess knowledge of the legislative framework, mandate and activities of the Museum. Knowledge of roles and responsibilities of the chairperson, the board and the director of a similar sized organization is necessary. The selected candidate should possess knowledge of sound governance principles, strategic planning, monitoring and evaluation of performance. The successful candidate is financially literate and possesses knowledge of the federal government’s expectations with regard to accountability and reporting. Knowledge of the federal government’s priorities to set the strategic goals for the Museum is required. Knowledge of the cultural, patrimonial and/or recreational tourism sectors is considered an asset.

The position requires superior leadership and management skills to enable the Board to accomplish its work effectively. The selected candidate should be able to lead discussions, foster debate among Board members, facilitate consensus and manage conflicts, should they arise. The ability to anticipate emerging issues and develop strategies to enable the Board to seize opportunities and solve problems is essential. The qualified candidate should possess the ability to develop and maintain effective relationships with the Museum’s management, the Minister of Canadian Heritage, his office, the Deputy Minister of Canadian Heritage and the Museum’s key stakeholders and partners. Superior communications skills, both written and oral, are required, as well as the ability to act as a spokesperson in dealing with the Government, the media, and the Museum’s stakeholders and partners, and other organizations.

The selected candidate must be an innovative and strategic leader and a person of sound judgment and integrity. The chosen candidate must possess and adhere to high ethical standards and have superior interpersonal skills, and demonstrate tact and diplomacy. The suitable candidate should also be motivated by challenge and change.

Proficiency in both official languages is preferred.

To be appointed as Chairperson of the Board, a person must be a Canadian citizen. The Board meets approximately six times per year in Winnipeg and participates in conference calls approximately four times per year. The successful candidate should expect to commit to the position an average of 25 days annually.

The Government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.

The selected candidate must comply with the Ethical and Political Activity Guidelines for Public Office Holders. The Guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca.

The selected candidate will be subject to the Conflict of Interest Act. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner’s Web site at http://ciec-ccie.gc.ca.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this position. It is not, however, intended to be the sole means of recruitment.

Further details about the organization and its activities can be found on its Web site at http://humanrightsmuseum.ca.

Interested candidates should forward their curriculum vitae by July 27, 2012, to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, 59 Sparks Street, 1st Floor, Ottawa, Ontario K1A 0A3, 613-957-5006 (fax), GICA-NGEC@ bnet.pco-bcp.gc.ca (email).

English and French notices of vacancies will be produced in an alternative format (audio cassette, diskette, Braille, large print, etc.) upon request. For further information, please contact Publishing and Depository Services, Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5, 613-941-5995 or 1-800-635-7943.

[28-1-o]

Footnotes

Footnote 1
Pulp and Paper Mill Defoamer and Wood Chip Regulations
(http://laws-lois.justice.gc.ca/PDF/SOR-92-268.pdf).

Footnote 2
Pulp and Paper Effluent Regulations
(http://laws-lois.justice.gc.ca/PDF/SOR-92-269.pdf).

Footnote 3
Ibid.

Footnote 4
Ibid.

Footnote 5
Guidelines for Secondary Containment for Above Ground Storage Tanks, Industrial Waste and Wastewater Branch, Alberta Environmental Protection, May 16, 1997.

Footnote 6
A method for determining dye retention on fibres is shown in Appendix 3.

Footnote 7
The calculation of the solids removal efficiency by the primary treatment is shown in Appendix 2.

Footnote 8
The method was reviewed and tested by a laboratory associated with the University of British Columbia.

Footnote 9
Vol. 145, No. 15, July 20, 2011. Available at http://canadagazette.gc.ca/rp-pr/p2/2011/2011-07-20/html/sor-dors143-eng.html.

Footnote 10
See the definitions of “renewable fuel” and “renewable fuel feedstock” in the Renewable Fuels Regulations at http://canadagazette.gc.ca/rp-pr/p1/2010/2010-04-10/html/reg1-eng.html.

Footnote 11
www.ec.gc.ca/inrp-npri/Default.asp?lang=En&n=B85A1846-1

Footnote 12
Upstream emissions associated with biodiesel fuel (i.e. fuel production, transportation, and distribution) are not considered in the emissions inventory and air quality modelling.

Footnote 13
National B20 scenarios include the assumption that B20 is used during the summer months only (May to September, inclusive) and B0 is used during the winter months (October to April, inclusive) due to technical requirements.

Footnote a
S.C. 1992, c. 4, s. 7

Footnote b
S.C. 2004, c. 15, s. 18

Footnote c
S.C. 2004, c. 15, s. 18

Footnote d
S.C. 2001, c. 29, s. 39

Footnote e
R.S., c. A-2

Footnote f
S.C. 2004, c. 15, s. 11(1)

Footnote g
R.S., c. A-2

Footnote h
S.C. 2004, c. 15, s. 11(1)

Footnote i
R.S., c. A-2

Canada Gazette, Part I, Volume 146, Number 28: GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Overview

Work permit applications for temporary foreign workers

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills

Foreword

Definitions

Scope

Performance guidelines

Declaration

Monitoring

Report

Record-keeping

Appendix 2: Calculation of solids removal efficiency by the primary wastewater treatment

Appendix 3: Proposed method for measuring dye retention on fibres (see footnote 8)

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

APPENDIX

Human Health Risk Assessment for Biodiesel Production, Distribution and Use in Canada — Executive Summary

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

DEPARTMENT OF TRANSPORT

AEURONAUTICS ACT

INTERIM ORDER NO. 10 RESPECTING PRIVATE OPERATORS

INTERPRETATION

DESIGNATED PROVISIONS

SUSPENDED PROVISIONS OF THE REGULATIONS

REPEAL

SCHEDULE 1 (Subsections 1(2), (3) and (5) and 3(2))

SUBPART 4 — PRIVATE OPERATORS

Division I — Temporary Private Operator Certificate

Interpretation

Application

Prohibition

Application for Issuance of a Temporary Private Operator Certificate

Conditions of Issuance of a Temporary Private Operator Certificate

Application to Amend a Temporary Private Operator Certificate

Amendment of a Temporary Private Operator Certificate

Changes in Information Provided in an Application

Amendment of Private Operator’s Operations Manual

Duties of a Private Operator

Division II — Flight Operations

Operational Control System

Instrument Approaches — Landing

Division III — Flight Operations — Documents

Checklist

Aircraft Operating Manual and Standard Operating Procedures

Operational Flight Data Sheet

Division IV — Flight Operations — Operations Specifications

Minimum Performance Capability of Long-Range Navigation Systems

No Alternate Aerodrome — IFR Flight

Take-off Minima

RNPC Airspace

CMNPS and RNPC Airspace

NAT-MNPS Airspace

RVSM Airspace

RNP 10 Separation Criteria

Instrument Approaches — Global Positioning System (GPS)

Instrument Approaches — Restricted Canada Air Pilot

RNAV 5 Separation Criteria

Precision Approaches — CAT II and CAT III

Division V — Flight Operations — Passengers

Cabin Safety

Fuelling with Passengers on Board

Passenger Briefings

Safety Features Card

Division VI — Flight Time and Flight Duty Time

Flight Time Limits

Flight Duty Time Limits and Rest Periods

Split Flight Duty Time

Extension of Flight Duty Time

Unforeseen Operational Circumstances

Delayed Reporting Time

Time with no Assigned Duties

Rest Period — Flight Crew Member Positioning

Division VII — Emergency Equipment

Survival Equipment

SCHEDULE 1
(Subsections 1(2), (3) and (5) and 3(2))

SCHEDULE 2
(Subsections 1(5) and 2(2) and (3))