202.42 (1) Subject to section 203.03, no person shall operate in Canada an
aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless o (a) the foreign state is a contracting state; o (b) the operator of the aircraft is (i) the foreign state, (ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or (iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and o (c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada (i) in accordance with an air operator certificate, or (ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada. (2) For the purposes of calculating the 90-day period, o (a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and o (b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.
SOR/2003-271, s. 5
Aircraft Registered in a Foreign State
202.43 (1) Where an aircraft is registered in a foreign state that is not a contracting state or is not a state that has an agreement in force with Canada that allows an aircraft that is registered in that state to be operated in Canada, the Minister may, in writing, authorize the operation of the aircraft in Canada, and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation. (2) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified in the authorization. [202.44 and 202.45 reserved] Division VI — Aircraft Information Location of an Aircraft 202.46 (1) The Minister may request that the owner of an aircraft inform the Minister, in writing, of the location of the aircraft and whether or not the aircraft is serviceable. (2) Where the Minister makes a request pursuant to subsection (1), the owner shall comply with the request by not later than seven days after receiving it. (3) Where, pursuant to subsection (1), the owner of an aircraft informs the Minister that the aircraft is not serviceable, the owner shall inform the Minister o (a) in the case of an aircraft that will be returned to service, of the place at which and the estimated date on which it will be returned to service; and o (b) in the case of an aircraft that is permanently withdrawn from service, of whether or not the aircraft has been or will be disposed of and the manner of disposal.
Raul S. Sison Law Office For Petitioners. Rafael Dinglasan, Jr. For Heir M. Roxas. Ledesma, Guytingco Velasco and Associates For Ledesa and A. R. de Jesus