Regulations Amending the Canadian Aviation Regulations (Parts I and VII — Minimum Take-off Performance): SOR/2019-135

Canada Gazette, Part II, Volume 153, Number 11

Registration

SOR/2019-135 May 10, 2019

AERONAUTICS ACT

P.C. 2019-484 May 9, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 footnote a and paragraphs 7.6(1)(a) footnote b and (b) footnote c of the Aeronautics Act footnote d, makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and VII — Minimum Take-off Performance).

Regulations Amending the Canadian Aviation Regulations (Parts I and VII — Minimum Take-off Performance)

Amendments

1 Subpart 4 of Part VII of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations footnote 1 is amended by adding the following after the reference “Subsection 704.37(4)”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
 

Individual

Corporation

Subsection 704.45(1)

5,000

25,000

2 Subpart 4 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 704.50(1)”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
 

Individual

Corporation

Subsection 704.51(1)

3,000

15,000

Subsection 704.51(2)

3,000

15,000

Section 704.52

5,000

25,000

3 The reference “[704.38 to 704.43 reserved]” after section 704.37 of the Regulations is replaced by “[704.38 to 704.42 reserved]”.

4 The headings before section 704.44 and sections 704.44 to 704.47 of the Regulations are replaced by the following:

Division IV — Aeroplane Performance Operating Limitations

Non-application

704.43 This Division does not apply to a seaplane when it takes off from or lands on water.

Calculations

704.44 Any determination made for the purposes of sections 704.45 to 704.51 shall be based on the approved performance information specified in the aircraft flight manual.

Type Certification Performance Requirements

704.45 (1) No air operator shall authorize a flight unless the aeroplane has been certified on the basis of the type certification performance requirements set out in

(2) Despite subsection (1), an air operator may authorize the take-off of an aeroplane if the aeroplane has fewer than 10 passengers on board or is operated in a non-scheduled air service.

Take-off and Landing Weight Limitations

704.46 (1) Subject to section 704.51, no air operator shall authorize a flight — and no person shall conduct a take-off — in an aeroplane unless the following conditions are met:

(2) In the determination of the maximum take-off weight referred to in paragraph (1)(a) for a propeller-driven aeroplane having an MCTOW of not more than 5 700 kg (12,566 pounds),

(3) In the determination of the maximum take-off weight referred to in paragraph (1)(a) for a turbo-jet-powered aeroplane or a large aeroplane that is propeller-driven,

(4) In the determination of the maximum take-off weights referred to in subsections (2) and (3), the following factors shall be taken into account:

(5) In the case of a take-off or landing on a gravel runway, the maximum weights referred to in paragraphs (1)(a) and (b) shall be determined in accordance with the gravel runway information specified in the aircraft flight manual.

(6) In the absence of the information referred to in subsection (5) for a propeller-driven aeroplane, the maximum weights referred to in paragraphs (1)(a) and (b) shall be determined on the basis of the information specified in the aircraft flight manual for a dry, paved hard-surface runway that does not exceed 1 524 m (5,000 feet) in length, except that

Net Take-off Flight Path

704.47 (1) Subject to subsection (3), no air operator shall authorize a flight — and no person shall conduct a take-off — in a turbo-jet-powered aeroplane, a large aeroplane that is propeller-driven or a propeller-driven aeroplane that has a passenger seating configuration of 10 or more, if the weight of the aeroplane exceeds the weight specified in the aircraft flight manual as allowing a net take-off flight path that clears all obstacles by at least 10.7 m (35 feet) vertically or at least 60 m (200 feet) horizontally within the aerodrome boundaries, and by at least 91.5 m (300 feet) horizontally outside those boundaries.

(2) In the determination of the maximum weight, minimum distances and flight path referred to in subsection (1),

(3) An air operator may authorize a flight — and a pilot-in-command may conduct a take-off — in an aeroplane referred to in subsection (1) that does not meet the requirements of that subsection if

5 Section 704.49 of the Regulations is replaced by the following:

704.49 (1) Subject to subsection (3), no person shall dispatch or conduct a take-off in an aeroplane unless

(2) In determining whether an aeroplane may be dispatched or a take-off may be conducted under subsection (1), the following shall be taken into account:

(3) If conditions at the destination aerodrome at the time of take-off do not permit compliance with the requirement set out in paragraph (2)(c), an aeroplane may be dispatched and a take-off may be conducted if conditions at the alternate aerodrome designated in the operational flight plan permit, at the time of take-off, compliance with the requirements set out in paragraph (1)(a) or (b) and subsection (2).

6 The reference “[704.51 to 704.61 reserved]” after section 704.50 of the Regulations is replaced by the following:

Take-off and Landing on Gravel Runways

704.51 (1) No air operator shall authorize a flight from or to a gravel runway in an aeroplane unless the company operations manual sets out procedures for take-offs and landings on gravel runways.

(2) No person shall conduct a take-off or landing in an aeroplane on a gravel runway unless the person has

Take-off and Landing on Unprepared Surfaces

704.52 No person shall conduct a take-off or a landing on an unprepared surface in an aeroplane for which the aircraft flight manual does not set out any information relating to unprepared surface operations, unless

[704.53 to 704.61 reserved]

Coming into Force

7 These Regulations come into force on the 30th day after the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

1. Minimum type certification performance requirements

The Canadian Aviation Regulations (CARs) do not require aircraft operated under Subpart 704 to be certified in accordance with established minimum type certification performance requirements. These performance requirements ensure that an aeroplane is operated in accordance with the applicable performance standards and can take off and land safely even if one engine becomes inoperative.

Currently, the performance requirements in Subpart 704 of the CARs only apply to large aeroplanes. Subpart 704 requires pilots to calculate the weight limit of an aeroplane to ensure that the aeroplane can take off and land safely; and to calculate the net take-off flight path (i.e. the flight path required to clear obstacles if one engine is inoperative). Due to the limited application of these performance requirements under the current regulations, scheduled Canadian commuter operations (i.e. smaller aeroplanes operating under Subpart 704) could continue using aeroplanes that lack the Aircraft Flight Manual (AFM) information necessary to compute safe take-off and landing weights; and the net take-off flight path. Without a regulatory amendment, aeroplanes could continue to take off and land without considering the aeroplanes performance requirements, which could lead to runway excursions or not being able to clear obstacles in the flight path.

2. Certification for gravel runway operations

Currently, there are no regulatory requirements for multi-engined or turbojet powered aeroplanes to account for the adverse effects to aeroplane performance caused by gravel runway operations. The absence of regulatory requirements is a problem because gravel runways can affect the performance of an aircraft and, as a result, an aircraft may require increased take-off and landing distances, which could increase the risk of a runway overrun or excursion. Additionally, aeroplanes landing or taking off from gravel runways have the potential to be damaged by loose dust or stones being ingested into the engines.

Background

1. Minimum type certification performance requirements

Prior to the coming into force of the CARs, aeroplanes operating commercially were regulated by the Air Regulations and Air Navigation Orders (ANOs). ANO VII No. 3 applied to Commuter and Air Taxi operations, including small two-engine turbine powered aeroplanes (e.g. Beechcraft King Air 100 Series [9 passengers] or the Fairchild SA226-TC Metro [19 passengers]. These small aeroplanes footnote 2 were type certified according to earlier standards which required minimal performance information for take-offs and landings in the AFM.

ANO VII No. 2 applied to scheduled operations with large aeroplanes footnote 3 which were certified to higher certification standards, and required engine-inoperative take-off footnote 4 and climb performance footnote 5 information in the AFM. The AFM performance information was also required to compute the maximum allowable aeroplane weight to assure a safe take-off and climb should an engine become inoperative during take-off.

Weight limits are calculated to ensure that they do not exceed the maximum take-off weight or the maximum landing weight, after allowing for any planned fuel consumption during the flight, specified in the AFM. The calculation of weight limits and net take-off flight path must take into account the length and slope of the runway available as well as the conditions at the aerodrome (e.g. pressure, temperature, wind). Limiting the weight of an aeroplane ensures that it can take off and land safely, within the runway distance available. The calculation of the net take-off flight path is required to ensure the safe take-off of aeroplanes (i.e. the ability to clear all obstacles by at least 35 feet vertically) if one engine becomes inoperative.

The CARs are a consolidation of the former Air Regulations and ANOs into a comprehensive regulation. With the introduction of the CARs in October 1996, Subpart 704 (which applies to commuter operations) applies to the small aeroplanes that had formerly operated under ANO VII No. 3. These small aeroplanes, however, lack the minimum type certification performance requirements (i.e. the performance standards associated with the aircraft that ensure that the aeroplane is operating correctly and can take off and land safely), as they were not previously required under ANO VII No. 3.

When the CARs were brought into force in 1996, the Canadian performance requirements were aligned with the U.S. requirements. However, on December 20, 2010, amendments to the U.S. Federal Aviation Regulations (U.S. FARs) came into force and, as a result, the CARs were no longer aligned with the U.S. performance requirements. The U.S. FARs impose increased take-off and climb performance requirements for aeroplanes engaged in commercial operations. The U.S. regulations imposed minimum type certification requirements applicable to large aeroplanes, turbojet powered aeroplanes and small propeller driven aeroplanes engaged in scheduled operations carrying 10 to 19 passengers. The U.S. regulations require performance requirements to account for an engine failure during take-off (take-off weight limitations) and climb (net take-off flight path). This amendment to the CARs will align with the United States Federal Aviation Administration (U.S. FAA) performance regulations for commuter operations.

This amendment to Subpart 704 will allow air operators to undertake non-scheduled operations or limit the number of passengers on-board to fewer than 10, if their aircraft does not meet the Subpart 704 minimum type certification performance requirements.

2. Certification for gravel runway operations

In the mid-1990’s, the Gravel Runway Operations Working Group (GROWG) was established to develop standards for gravel runway operations. At the time, Subpart 704 did not include any requirements for aeroplanes operating on gravel runways to have AFM performance information. The GROWG proposed a regulatory amendment to require that newly certified aeroplanes have the required gravel runway performance information in the AFM. The gravel runway performance information takes into account the performance issues related to gravel runways (i.e. increased landing distances required as a result of the use of a gravel runway) and ensures that aeroplanes can operate safely on gravel runways. The effects of a gravel runway can be mitigated in many ways, including reducing the aeroplane weight or installing a gravel kit which will prevent the ingestion of loose dust or stones into the aeroplane engines (dependent on the type of aeroplane).

Objective

1. Minimum type certification performance requirements

The objectives of the amendment are to increase safety and improve alignment with U.S. requirements.

Increase safety: The amendment will ensure that an air operator does not operate an aeroplane in the commuter category with 10 to 19 passenger seats in a scheduled service for the transport of passengers, without making use of the required AFM minimum type certification performance requirements.

Align with U.S. regulations: The amendment will ensure that Subpart 704 of the CARs is aligned with similar U.S. FAA performance regulations for commuter operations by introducing similar minimum type certification performance requirements as those required for commuter operations in the U.S. This amendment will align Canadian and U.S. regulatory requirements and will ensure that air operators can no longer operate aeroplanes in Canada that do not meet the regulatory requirements for commuter operations.

2. Certification for gravel runway operations

The objective is to increase safety by requiring gravel runway performance information in the AFM which will allow for the safe operation of aeroplanes that take off or land on gravel runways. The amendment will address the risk associated with increased take-off and landing distances that may result from take-offs and landings from gravel runways.

Description

1. Minimum type certification performance requirements

The amendment to Subpart 704 of the CARs will

The amendment to Subpart 704 will apply to

2. Certification for gravel runway operations

The amendment to Subpart 704 of the CARs will

“One-for-One” Rule

The “One-for-One” Rule does not apply, as the amendment does not increase or decrease administrative burden on business.

Small business lens

Small businesses would be affected by the amendment; however, the small business lens does not apply because the amendment does not increase compliance or administrative costs for small businesses.

It is assumed that air operators will purchase compliant aeroplanes in the future, and will not incur incremental costs as a result of purchasing non-compliant aeroplanes (i.e. they will not incur costs to bring them into compliance with the amendment). New aeroplane models will have the necessary performance information available. In addition, some existing models already have available information that can be used to develop the performance standards.

Some air operators may need to install gravel kits in accordance with the gravel performance requirements outlined in the AFM. The installation of a gravel kit would be in the best interest of the air operator, as dust or debris could be ingested into the engines and cause costly damage to the aircraft.

Consultation

Transport Canada undertook consultations between 2002 and 2007. During this time, Transport Canada provided advance notification to the Subpart 704 air operators who may be affected by this amendment.

1. Minimum type certification performance requirements

In 2005, Transport Canada published a notice of proposed amendment (NPA) indicating that minimum take-off performance and aircraft certification standards would be required for all aeroplanes capable of carrying 10 to 19 passengers while engaged in a commercial air service under Subpart 704. Stakeholders did not raise any concerns with the content of the NPA.

Transport Canada issued a Commercial and Business Aviation Advisory Circular (CBAAC No. 0244), dated June 2, 2005, to provide advance notice of the regulatory amendment.

Transport Canada has been in communication with the Northern Air Transport Association (NATA) and the Government of the Northwest Territories airports’ management on this issue since the development of the NPA in 2005, as these air operators would be primarily affected by the amendment as a result of the types of aeroplanes in their fleets.

The amendment was discussed at the May 8, 2007, Canadian Aviation Regulation Advisory Council (CARAC) Technical Committee meeting. In addition, Transport Canada has given updates regarding the regulatory initiative at the CARAC Plenary in October 2013, as well as at Annual General Meetings (AGMs) of key associations, including the Air Transport Association of Canada (ATAC) and NATA.

2. Certification for gravel runway operations

In 2003, Transport Canada published an NPA indicating that aeroplanes will be required to operate in accordance with the approved gravel runway operations information contained in the AFM. Stakeholders did not raise any concerns with the content of the NPA.

The amendment was discussed at the May 8, 2007, CARAC Technical Committee meeting. In addition, Transport Canada has given updates regarding the performance information for gravel runways initiative at the CARAC Plenary in October 2013, as well as at AGMs of key associations.

Prepublication in the Canada Gazette, Part I

The proposed amendment was prepublished in the Canada Gazette, Part I, on May 21, 2016, with a 30-day comment period. Three stakeholders submitted comments.

Some of the comments indicated that the requirements were not clearly described in the Regulatory Impact Analysis Statement (RIAS), particularly how the Canadian requirements align with the U.S. requirements. The RIAS has been clarified to better explain the history and rationale for the amendment.

A comment was received related to the possible cost that might be incurred to purchase and install a gravel kit on an aeroplane. While costs may be incurred related to the installation and certification of a gravel kit, it is in the best interest of the air operator to ensure that aeroplanes are not damaged as a result of taking off or landing on gravel runways. Some aeroplanes that operate regularly on gravel runways already meet the gravel performance requirements.

Delay in publication between the Canada Gazette, Part I and the Canada Gazette, Part II

It has been more than 18 months since the publication of the proposed amendment in the Canada Gazette, Part I, which raises the question of whether there should be a second prepublication given the amount of time that has elapsed. Although the publication of the amendment in the Canada Gazette, Part II, has been delayed, it is important to note that Transport Canada only received three comments on the proposed amendment and it is unlikely to receive any additional comments if the amendment was republished in the Canada Gazette, Part I. Transport Canada has not received any comments from stakeholders since the Canada Gazette, Part I, comment period. Stakeholders are in support of the amendment and have begun to purchase aircraft that are compliant with the amendment. Since 2016, stakeholders have been kept informed of Transport Canada’s intent to proceed with this amendment, as Transport Canada has provided status updates on this initiative at the AGMs of key stakeholder associations. Additionally, the amendment will benefit the Canadian public by increasing safety and ensuring that aeroplanes can take off and land safely within the runway distance available.

Rationale

1. Minimum type certification performance requirements

Most aircraft accidents occur during the take-off or landing phase of a flight. The amendment increases safety by requiring that an air operator limit the weight of an aircraft on take-off and landing by using mandatory AFM performance information to assure a take-off and landing can be safely accomplished, and obstacles avoided should one engine become inoperative during take-off or landing.

Not operating in accordance with the calculated take-off and climb performance would result in an increased risk of a runway overrun, excursion or a collision with obstacles in and around the airports in which the subject aircraft operate.

The primary stakeholders that may be affected by this amendment operate Twin Otter aeroplanes (DHC-6-300) that have a MCTOW of less than 5 700 kg and can carry up to 19 passengers. Of these air operators, only Air Inuit, Air Labrador and Provincial Airlines operate scheduled services for the transport of passengers. These three air operators have already taken the necessary steps to comply with the amendment, including obtaining the required AFM performance information to operate without any restrictions.

Should current or future Canadian air operators of aeroplanes in the commuter category choose to carry between 10 and 19 passengers in a scheduled passenger flight service, they will be required to obtain performance information for take-off and landing weight limitations and net take-off flight path. There may be a cost associated with obtaining the appropriate performance information for older aircraft (i.e. where the manufacturer does not already have the information available). However, some air operators have taken the steps necessary to limit the number of passengers to fewer than 10 passengers so they would no longer be subject to this requirement.

In addition, the CARs do not align with the take-off and climb performance requirements for commuter operations implemented by the U.S. FAA in December 2010. Consequently, aeroplanes no longer eligible for U.S. commuter operations could be acquired by Canadian air operators and used for scheduled commuter operations, which would increase aviation risk. Amending the minimum performance requirements in the CARs would reduce aviation risk and align Canadian requirements with the United States.

2. Certification for gravel runway operations

The amendment will prevent damage to aircraft as a result of the use of gravel runways (e.g. dust and debris being ingested into engines) and will ensure that aircraft are able to take off and land safely on gravel runways (potentially reducing the number of overruns or excursions related to gravel runways).

To operate on a gravel runway, the installation of an approved gravel kit may be necessary to protect the aeroplane from damage associated with loose stones, and dust on gravel surfaces (i.e. hardware that prevents gravel from damaging the aeroplane or from being ingested into the engines and causing significant and costly damage).

Many aeroplanes, including turbojet aeroplanes, are certified for gravel runway operations. For those aeroplanes not yet certified for gravel runway operations, the aeroplane manufacturer or approval holder must follow a certification process. The gravel runway certification includes the installation of an approved gravel kit, and utilizing the associated AFM performance information and limitations to account for degraded performance on gravel runways. The cost of the gravel kit varies depending on the complexity of the gravel kit and the scope of the testing activity. The installation of a gravel kit is in the air operator’s best interest to prevent damage from the use of gravel runways. Few air operators would choose to operate on a gravel surface without the protection afforded by a gravel kit. The alternative would be to reduce the payload in accordance with the AFM information for those aeroplanes that do not have a gravel kit installed.

Implementation, compliance and enforcement, and service standards

The amendment will come into force 30 days after the day of publication of the amendment in the Canada Gazette, Part II.

Air operators, in anticipation of the amendment, may

The amendment will be enforced using a range of enforcement tools, including administrative monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, and suspension or cancellation of a Canadian aviation document.

Contact

Chief
Regulatory Affairs (AARBH)
Civil Aviation
Safety and Security Group
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5
Telephone: 613‑993‑7284 or 1-800‑305‑2059
Fax: 613‑990‑1198
Email: carrac@tc.gc.ca
Website: www.tc.gc.ca