Operating Foreign-Registered Aircraft in Canada: Understanding the 90-Day Rule

Foreign-registered aircraft are a common sight at Canadian airports, especially business jets and general aviation aircraft flying under U.S. registry. But are all of them operating within Canadian rules?

Under Section 202.42 of the Canadian Aviation Regulations, a foreign-registered aircraft cannot be present in Canada for 90 days or more within any 12-month period unless certain conditions are met:

1. The aircraft is registered in a foreign state that is a contracting party to the Chicago Convention of 1944;
2. The operator is the foreign state itself, an individual who is a citizen or subject of that state (and not a Canadian), or an entity incorporated under that state’s laws; and
3. If the operator is a foreign entity, the aircraft must be operated either under an Air Operator Certificate (AOC) or in operations that would not otherwise require a Private Operator Registration Document (PORD) if it were Canadian-registered.

Let’s dive a little deeper. Beyond meeting these conditions, operators also need to understand how time in Canada is calculated and which certification regime applies, as these details ultimately determine whether the 90-day limit is triggered and whether any exemptions are available.

Counting the 90 Days

Any portion of a calendar day spent in Canadian airspace counts as a full day toward the 90-day limit. Even a brief entry, whether for a short stop or an overflight, is counted as one full day.

AOC and PORD Operations

As noted in condition 3 above, foreign-registered aircraft can be exempt from the 90-day rule if operated under an AOC or in operations that do not require a PORD. Simply put, an AOC is required for flights carrying passengers, baggage, cargo, or goods for hire or reward. A PORD, by contrast, is generally required for the operation of large aeroplanes, turbojet-powered aircraft or turbine-powered pressurized planes certified for more than six passengers. Consequently, smaller general aviation aircraft would not be captured by the 90-day restriction.

Enforcement

Violations can attract fines of up to $25,000 per day. However, in our experience, enforcement by Transport Canada is typically focused on bringing operators into compliance rather than imposing penalties.

Understanding the 90-day rule, and the circumstances under which exemptions apply, can help operators of foreign-registered aircraft stay fully compliant while operating in Canada. Even though enforcement is limited, awareness of the rule and careful tracking of time spent in Canadian airspace are essential to avoid any potential penalties and ensuring smooth cross-border operations.