Canada Gazette, Part I, Volume 150, Number 21: Regulations Amending the Canadian Aviation Regulations (Parts I and VII — Minimum Take-off Performance)

May 21, 2016

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Background

Prior to the coming into force of the Canadian Aviation Regulations (CARs) in 1996, commercial aeroplanes were regulated by the Air Navigation Orders (ANOs). Some types of small multi-engine turbine powered aeroplanes (e.g. the Beechcraft King Air 100 Series [13 passengers, twin-turboprop engines] or the Fairchild SA226-TC Metro [19 passengers, twin-turboprop engines]) were previously operated under ANO, Series VII, No. 3. These aeroplanes were certified to the performance requirements established under ANO, Series VII, No. 3, which did not include the requirement for air operators to limit the maximum allowable aircraft weight to ensure a safe flight path should an engine become inoperative during take-off.

With the introduction of the CARs, aeroplanes that were considered “small” under ANO, Series VII, No. 3, but had the capacity to carry 10 to 19 passengers, were grouped together with aeroplanes that were considered “large” under ANO, Series VII, No. 2, because of their seating configuration, and were regulated under subpart 704. Operators regulated under subpart 704 of the CARs, Commuter Operations, are required to meet minimum take-off performance requirements and standards.

As a result of this re-categorization, certain air operators with “small” aeroplanes faced having to meet minimum take-off performance requirements for which their aeroplanes were not certified. In order to comply with these new requirements, these air operators were required to obtain specific take-off performance information for inclusion in their Aircraft Flight Manual (AFM). Operationally, a pilot would be required to use this AFM data to calculate the maximum allowable weight of the aircraft, with one engine inoperative, to ensure that it would be able to safely get airborne within the available runway length and then avoid obstacles during the climb.

Minimum take-off performance requirements, which are currently found in subpart 704 of the CARs, stipulate the aeroplane's maximum allowable take-off weight. The maximum allowable take-off weight may be limited by several factors. These include (but are not limited to) structural limitations, available runway length, climb requirements, obstacle clearance requirements and the maximum landing weight at the destination. Several environmental conditions — including runway slope, wind, atmospheric pressure and temperature — affect the maximum allowable take-off weight.

During the development of the CARs, a decision was made to harmonize the take-off performance regulations contained in subpart 704 of the CARs, Commuter Operations, with the U.S. Federal Aviation Administration (FAA) 1995 Final Rule “Commuter Operations and General Certification and Operation Requirements.”

To reduce the economic impact associated with these new take-off performance regulations and standards, air operators in Canada and in the United States were given until December 20, 2010, to comply. During this period, a portion of the air operators impacted were those with small, propeller-driven aeroplanes with a Maximum Certificated Take-Off Weight (MCTOW) of 5 700 kg (12 500 pounds) or less, configured with 10 to 19 passenger seats who were conducting a scheduled passenger service. These air operators have already taken the necessary steps to address the new take-off performance regulations and standards that limit the maximum allowable weight for take-off.

In order to comply with the new performance regulations and standards — or to modify their operations so that they would not be subject to the associated take-off weight limitations — these air operators have

Additionally, since 1995, U.S. air operators have been expected to meet more stringent performance requirements respecting take-off weight limitations and net take-off flight path, when seeking to have an aircraft type (model) certified. The type certification performance requirements are not new in Canada, but they are not currently mandatory for the commuter category.

Objectives

The objectives of the proposed Regulations are as follows.

Increase safety: The proposed Regulations are intended to ensure that an air operator does not operate an aeroplane in the commuter category with 10 to 19 passenger seats, and in a scheduled passenger service, without having the required AFM take-off performance information or meeting minimum type certification performance requirements. The proposed Regulations would ensure that gravel runway operating requirements are also applicable to jet aeroplanes.

Harmonize with U.S. regulations: The proposed Regulations would more closely align the CARs with the U.S. Code of Federal Regulations Title 14 with respect to stipulating that type certification performance requirements must be met to operate under subpart 704 of the CARs. This alignment would ensure that Canadian air operators do not import or operate aeroplanes in Canada that do not meet U.S. regulatory requirements. In other words, this alignment would ensure that

Description

These proposed amendments to subpart 704 of the CARs, Commuter Operations, would do the following:

Consultation

The stakeholders that are primarily affected operate Twin Otter aeroplanes (DHC-6-300) which have a MCTOW of less than 5 700 kg and can carry up to 20 passengers. Of these operators, only Air Inuit, Air Labrador and Provincial Airlines operate a scheduled service; however, they have already taken the necessary steps to comply with the changes being made under the proposed Regulations, including obtaining the required AFM performance information to operate without any restrictions.

Should current or future Canadian operators of aeroplanes in the commuter category choose to carry 10 or more passengers in a scheduled passenger service flight, they will be required to obtain performance information for take-off weight limitations and net take-off flight path.

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 from the beginning of the Notice of Proposed Amendment (NPA) process in 2005.

The proposed Regulations were discussed at the May 8, 2007, Canadian Aviation Regulation Advisory Council (CARAC) Technical Committee meeting. In addition, Transport Canada has given updates regarding the Minimum Take-off Performance file schedule (e.g. “in drafting phase”) at the most recent CARAC plenary session in October 2013, as well as at specific annual general meetings (AGMs) of key associations, for instance the Air Transport Association of Canada (ATAC) and NATA, held annually in the fall and in the spring, respectively.

Since 2007, there has not been, nor are there currently any written comments or dissents regarding the proposed Regulations. Stakeholders will be notified of the comment period following publication in the Canada Gazette, Part I.

“One-for-One” Rule

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

Small business lens

Small businesses are affected by the proposed Regulations, but the small business lens does not apply because the proposed Regulations do not increase the compliance or administrative burden on small businesses. The proposed Regulations do not preclude a small business or an operator from purchasing a non-compliant aeroplane and then paying for the necessary post-certification activities for it to become compliant with the Regulations. If a future operator chooses to purchase a non-compliant aeroplane, this may involve incurring compliance costs and/or administrative burden (e.g. by having to apply for a Supplemental Type Certificate to either obtain the required AFM performance information or reconfigure the aeroplane to seat nine or fewer passengers and provide cargo spaces).

However, Transport Canada is of the opinion that if a small business is interested in acquiring a new aeroplane, it would be much more economical to purchase an aeroplane that is already compliant with the proposed Regulations as opposed to paying additional fees to retrofit an existing aeroplane.

Rationale

The proposed Regulations would increase safety by reducing the risk of aeroplanes hitting obstacles during take-off should one engine become inoperative during take-off for current or future operators who may choose to import or reconfigure an aeroplane with a MCTOW of 5 700 kg or less, configured with 10 or more passenger seats to be in a scheduled passenger service.

The risk of not calculating take-off performance (minimum take-off distances and climb gradient) may increase the possibility of a runway overrun, excursion or a collision with obstacles in and around the airports in which the subject aircraft operate.

Transport Canada found that currently, no operators need to update their take-off performance information because they have already taken the necessary steps to prevent more than nine passenger seats from being occupied or have chosen to operate their aircraft in an on-demand service (charter service) versus scheduled passenger service, or have obtained the required AFM performance information. They have taken these steps in part due to a previous operating standard amendment to accelerate-stop distance requirements, which had a relief period for compliance that ended in December 2010.

Should an existing or future operator wish to buy the information that could be developed into the required AFM information for a DHC-6-300 aeroplane, it could be obtained for a cost of $42,000 per aeroplane, at present value.

No additional costs to operators are anticipated as a result of broadening the application of gravel runway operating requirements to aeroplanes with jet engines. To operate on a gravel runway, installation of a gravel kit (i.e. hardware that prevents gravel from damaging the aeroplane or from being ingested into the engines and causing significant and costly damage) is considered an industry best practice. To have a gravel kit installed on an aeroplane, the operator must follow the certification process, which includes obtaining the required AFM performance information for taking off or landing on a gravel runway. The cost of obtaining the required AFM performance information is considered minimal compared to the cost of the purchase and installation of the gravel kit.

For these reasons, there are no operators that are adversely impacted by the proposed Regulations.

Implementation, enforcement and service standards

These amendments to the Canadian Aviation Regulations will be enforced through the use of administrative monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, or through suspension or cancellation of a Canadian aviation document.

Contact

Chief Regulatory Affairs (AARBH)
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-1184 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 4.9 (see footnote a) and paragraphs 7.6(1)(a) (see footnote b) and (b) (see footnote c) of the Aeronautics Act (see footnote d), proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and VII — Minimum Take-off Performance).

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Marie-Anne Dromaguet, Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (general inquiries — tel.: 613-990-1184 or 1-800-305-2059; fax: 613-990-1198; email address: marie-anne.dromaguet@tc.gc.ca).

Ottawa, May 12, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

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 (see 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) 5,000 25,000
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) Subject to subsection (2), no air operator shall authorize a person to conduct a take-off in an aeroplane unless the aeroplane has been certified on the basis of the type certification performance requirements set out in

(2) An air operator may authorize a person to conduct a take-off in an aeroplane that does not meet the requirements of subsection (1) if

Take-off 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:

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 the take-off is authorized in an air operator certificate and

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 person shall conduct a take-off or a landing on a gravel runway in an aeroplane if the weight of the aeroplane exceeds any of the following weights, determined on the basis of the gravel runway information specified in the aircraft flight manual:

(2) In the absence of the gravel runway information referred to in subsection (1), the maximum weights referred to in paragraphs 704.46(1)(a) and (b) and, in the case of a large aeroplane that is propeller-driven, the weights on landing referred to in paragraphs 704.49(1)(a) to (c) 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

(3) An air operator's company operations manual shall set out procedures for take-offs and landings on gravel runways, including

(4) Prior to acting as pilot-in-command during a take-off or a landing on a gravel runway, a person shall have

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.

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