Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention

These Regulations apply to a foreign-registered aircraft operated by a Canadian operator and to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically included under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.

SOR/2005-354, s. 2

These Regulations do not apply to a Canadian aircraft operated by a foreign operator or to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically excluded under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.

SOR/2005-354, s. 2

SOR/2005-354, s. 2; SOR/2014-286, s. 1

Upon termination of a transfer to another contracting State, in accordance with Article 83 bis of the Convention, of the responsibility to issue or to render valid a certificate of airworthiness for a Canadian aircraft as set out in Article 31 of the Convention, the Minister shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the applicable importation requirements specified in section 507.07.

SOR/2005-354, s. 2

If an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis of the Convention, is terminated on a date earlier than the date of expiration set out in the agreement or arrangement, the Canadian operator of the aircraft if it is a foreign-registered aircraft or the registered owner of the aircraft if it is a Canadian aircraft shall inform the Minister in writing of the actual date of termination within seven days of its occurrence.

SOR/2005-354, s. 2

If an aircraft that is subject to an agreement for the lease, charter or interchange of an aircraft or any similar arrangement is also subject to an agreement in accordance with Article 83 bis of the Convention to which Canada is not a party and is operated in Canada, any references in these Regulations to the “State of registry” with respect to the transferred responsibilities shall be interpreted to read “State of the operator”.

SOR/2005-354, s. 2

If Canada enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the provisions of this Subpart shall take precedence over any conflicting provisions of these Regulations.

SOR/2005-354, s. 2; SOR/2014-286, s. 2