AIR LAW |
Max Aviation Inc. v. Canada (Transport)
A-603-04, A-604-04
2005 FCA 335, Noël J.A.
17/10/05
11 pp.
Appeals from decisions by F.C. (2004 FC 1410) dismissing appellants' judicial review regarding interpretation by Transport Canada to effect must equip Beechcraft BE10 aircraft with crew of two pilots with cockpit voice recorder (CVR) when used as air taxi pursuant to Subpart 3 of Part VII of Canadian Aviation Regulations--S. 605.33(2) requires presence of CVR in cockpit of aircraft "for which two pilots are required by the aircraft type certificate or by the subpart under which the aircraft is operated"--In case at bar, BE10 aircraft type certificate does not require two pilots, and Subpart 3 authorizes operation of BE10 with single pilot if operator authorized to do so in air operator certificate and if he/she complies with Commercial Air Service Standards, as in case at bar--Contrary to what F.C. judge seemed to understand, s. 703.86 bears only on number of pilots flying aircraft, not on CVR--Judge should have accepted appellant's late filing of air operator certificate because certificate at heart of dispute and filing caused no prejudice to respondents-- Appeals allowed--Canadian Aviation Regulations, SOR/96-433, ss. 605.33(2) (as am. by SOR/2003-249, s. 1), 703.86.