Policy Letter 141


Operation of the same aircraft under multiple Part VII subparts of the Canadian Aviation Regulations (CARs) by operators who hold Air Operator Certificates (AOCs).

File Number

AARX 2204-5



Policy Statement

Air operators may now conduct flight operations using the same aircraft under multiple subparts of Part VII of the CARs. The aircraft type will be authorized under each subpart on the AOC.


This policy applies to all air operators under CAR 703 and 704 who choose to operate under multiple subparts.


CAR 704 contains several provisions that provide relief to air operators who choose to operate an aircraft with nine or fewer passengers, specifically:

If an aircraft is certificated and equipped for single pilot operation, CAR 704.16 allows single pilot operations, provided nine or fewer passengers are carried and the flight is conducted under Visual Flight Rules (VFR). It also allows single pilot cargo operations under VFR or Instrument Flight Rules (IFR).

CAR 704.44 provides operators relief from certain of the performance requirements contained in CAR 704 if the requirements of the applicable Commercial Air Service Standards (CASS) are satisfied.

CASS 724.46 relieves operators of propeller-driven aeroplanes that have a Maximum Certified Take-off Weight (MCTOW) of 12,500 pounds or less from the Accelerate-Stop Distance requirements, if the operator prevents more than nine passenger seats from being occupied.

No regulation prohibits an operator who holds AOCs pursuant to CAR 704 and 703 from using the same aircraft in both the Commuter and Air Taxi Operations. However, Transport Canada states by policy that an aircraft can be active only on one AOC at a time. This policy required operators to submit amendments to their AOCs each time an aircraft was moved from one subpart to the other. Transport Canada has decided to revise this policy.


When an aircraft is operated under multiple subparts, it shall be operated in such a manner that all requirements of each subpart are satisfied. There must be an established safety management process that:

  1. determines under what subpart the aircraft is to be operated on any particular flight;
  2. confirms that flight crew members are properly trained and qualified; and
  3. confirms the crew satisfy the applicable flight and duty time requirements.

The process must be defined in the Company Operations Manual, which must also contain unambiguous direction to flight crews on how operations under multiple subparts will be controlled.

The Operational Flight Plan for each flight shall clearly indicate under which subpart the flight will be operated.

If an aircraft normally operated under CAR 704 is to be operated under CAR 703, it must have a seating configuration excluding pilot seats of nine or less. For operators that routinely add or remove seats to adjust loads, the procedure to comply will continue to be seat removal. There must be an entry in the Journey Log signed by an appropriately authorized person whenever seats are removed or installed.

Operators who use aircraft that cannot easily be reconfigured may develop an alternate procedure to make seats unavailable to passengers. The procedure may involve cargo netting or simply a placard on the individual seats. The Principal Operations Inspector (POI) will evaluate the procedure for compliance taking into account the type of operation and reject or approve it as necessary.

Pilots who have a valid Pilot Proficiency Check (PPC) on type will be considered qualified to act in the same crew position in CAR 702, 703 or 704 provided in the case of CAR 704 that the required Line Indoctrination training has been completed.

Pilots who hold only a Pilot Competency Check (PCC) may operate in the same crew position in CAR 702 and 703, but may not fill a crew position in CAR 704.

Pilots who conduct single pilot IFR operations under CAR 703 must have completed a single-pilot IFR PPC, even if they hold a valid PPC on type that was conducted in a multi-crew environment.

Operators shall establish and use Standard Operating Procedures (SOPs) for each aircraft in which multi-crew operations are conducted.

When the flight time limits of the most restrictive subpart have been reached, operations may continue under a less restrictive subpart. For example, if a pilot operating an aircraft under CAR 704 and 703 reaches the limit of forty (40) hours of flight time during a seven (7) day period, he may continue to fly a further twenty (20) hours in CAR 703 or CAR 702 operations. The flight and duty time and rest period associated with a particular flight or series of flights shall be in accordance with the subpart under which the flight was operated.

The applicable time free from duty requirements pertaining to CAR 704 or CAR 702/703 shall be completed prior to commencing operations in the other subpart.

Future Disposition

This Policy Letter is in effect until further notice.

Reference Number

This Policy Letter is designated AARX No. 141.

M.R. Preuss
Commercial &Business Aviation

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