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General Provisions
General Provisions
Subpart 2 — Application
Application
102.01 These Regulations do not apply in respect of
(a) military aircraft of Her Majesty in right of Canada when they are being
manoeuvred under the authority of the Minister of National Defence;
(b) military aircraft of a country other than Canada, to the extent that the
Minister of National Defence has exempted them from the application of these
Regulations pursuant to subsection 5.9(2) of the Act;
(b.1) remotely piloted aircraft that are operated indoors or underground; or
(c) rockets, hovercraft or wing-in-ground-effect machines, unless otherwise
indicated in these Regulations.
SOR/2019-11, s. 2
SOR/2019-11, s. 3
Previous Version
Division II — Compliance
Inspection of Aircraft, Requests for Production of Documents and
Prohibitions
103.02 (1) The owner or operator of an aircraft shall, on reasonable notice given
by the Minister, make the aircraft available for inspection in accordance with the
notice.
(2) Every person who
o (a) is the holder of a Canadian aviation document,
o (b) is the owner, operator or pilot-in-command of an aircraft in respect
of which a Canadian aviation document, technical record or other
document is kept, or
o (c) has in possession a Canadian aviation document, technical record
or other document relating to an aircraft or a commercial air service
shall produce the Canadian aviation document, technical record or other
document for inspection in accordance with the terms of a demand made by a
peace officer, an immigration officer or the Minister.
(3) No person shall
o (a) lend a Canadian aviation document to any person who is not
entitled to it by these Regulations, or allow any such person to use a
Canadian aviation document; or
o (b) mutilate, alter or render illegible a Canadian aviation document.
(4) For the purposes of this section, other document includes all writings,
papers and other records made, held or maintained by the owner, operator or
pilot-in-command of an aircraft for the purpose of recording any action, activity,
performance or use of the aircraft or any activity of the owner, operator or crew
members in respect of that aircraft, whether or not the documents are required by
law to be made, held or maintained.
Return of Canadian Aviation Documents
103.03 Where a Canadian aviation document has been suspended or cancelled, the
person to whom it was issued shall return it to the Minister immediately after the
effective date of the suspension or cancellation.
Record Keeping
103.04 Recording systems, including computer records and microfiche, that do not
comprise entries on paper may be used to comply with the record-keeping requirements
of these Regulations if
(a) measures are taken to ensure that the records contained in the recording
systems are protected, by electronic or other means, against inadvertent loss
or destruction and against tampering; and
(b) a copy of the records contained in the recording systems can be printed
on paper and provided to the Minister on reasonable notice given by the
Minister.
[103.05 reserved]
103.06 (1) A notice issued by the Minister pursuant to subsections 6.9(1) and (2)
of the Act shall include
o (a) a description of the particulars of the alleged contravention;
o (b) where the Minister has decided to suspend the Canadian aviation
document, a statement of the duration of the suspension; and
o (c) a statement that a request for review by the Tribunal does not
operate as a stay of the suspension or cancellation but that an
application may be made in writing to the Tribunal, pursuant to
subsection 6.9(4) of the Act, to stay the suspension or cancellation
until the review of the decision of the Minister has been concluded.
(2) A notice issued by the Minister pursuant to subsections 7(1) and (2) of the Act
shall include
o (a) a statement of the effective date of the suspension;
o (b) a statement of the conditions under which the suspension is
terminated; and
o (c) a statement that a request for review by the Tribunal does not
operate as a stay of the suspension.
(3) A notice issued by the Minister pursuant to subsections 7.1(1) and (2) of the
Act shall include
o (a) where the Minister has decided to suspend or cancel a Canadian
aviation document, a statement of the effective date of the suspension
or cancellation;
o (b) where the Minister has decided to suspend the Canadian aviation
document, a statement of the duration of the suspension or the
conditions under which the suspension is terminated; and
o (c) a statement that a request for review by the Tribunal does not
operate as a stay of the suspension, cancellation or refusal to renew.
(4) A notice issued by the Minister under subsection 6.71(2) of the Act informing
an applicant or an owner or operator of an aircraft, aerodrome, airport or other
facility of the Minister’s decision made under subsection 6.71(1) of the Act to
refuse to issue or amend a Canadian aviation document in respect of the aircraft,
aerodrome, airport or other facility shall be in the form set out in Schedule I to
this Subpart.
SOR/2004-131, s. 2
SOR/2004-131, s. 3
Division V — Preservation and Return of Evidence or Aircraft
Preservation and Return of Evidence
103.09 Where the Minister seizes anything pursuant to paragraph 8.7(1)(c) of the Act,
the Minister shall
(a) mark it in a clearly identifiable manner;
(b) take reasonable care to preserve it until it is required to be produced as
evidence; and
(c) return it to the person from whom it was seized within 90 days after the
seizure, where
o (i) there is no dispute as to who is lawfully entitled to possession of
the thing seized,
o (ii) the return is not likely to affect aviation safety, and
o (iii) the continued detention of the thing seized is not required for
the purposes of an investigation, hearing or other similar
proceeding.