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Canadian Plane Transfer of Ownership in Greater Detail
Completing a Canadian plane transfer of ownership requires understanding the necessary steps. Why? To ensure the process is both compliant with Transport Canada regulations and properly documented.
Whether you’re transferring ownership as part of a sale, a gift, or another arrangement, we can help you through the essentials to make the transition as seamless as possible.
When you transfer ownership of an aircraft, it’s not just about exchanging money or agreeing on terms. It also involves updating official records to reflect the change in ownership. This is critical for ensuring the new owner’s legal rights to the aircraft and maintaining compliance with Transport Canada’s requirements. While the process may seem daunting at first, understanding the steps and having the right support can simplify the task considerably.
Aircraft Ownership Transfer: the Basics
In Canada, aircraft registration is tied to the aircraft itself, not to the owner. This means that when the aircraft changes hands, its registration must be updated to reflect the new owner’s details. This process ensures that the aircraft’s documentation is accurate and that the new owner is legally recognized. Depending on whether the transfer is within Canada or involves an international party, the procedures may vary.
Transfers Within Canada
When transferring ownership of an aircraft within Canada—whether to another individual, a corporation, or another entity—the process is relatively straightforward. Since the registration is already part of Transport Canada’s system, the focus is on updating the records to reflect the new owner’s information.
The first step involves completing a Transfer of Ownership form, which requires details about the aircraft, the current owner, and the new owner. Information such as the aircraft’s registration number, make, model, and serial number will need to be included. Additionally, both parties must provide their contact information and signatures to confirm the transfer.
Once the form is completed, it must be submitted to Transport Canada along with any supporting documentation, such as a bill of sale or proof of transfer. This ensures that the records accurately reflect the transaction and that the new owner can legally operate the aircraft.
Transfers to a Foreign Owner
If the aircraft is being sold or transferred to a foreign entity or individual, the process is slightly different. Because the aircraft will no longer be registered in Canada, it must first be deregistered from Transport Canada’s system before it can be registered in another country. This step is crucial, as most countries do not allow an aircraft to be registered in multiple jurisdictions simultaneously.
To initiate this process, the current owner must submit a De-registration Application to Transport Canada. This form requires details about the aircraft and the reason for deregistration. Supporting documentation, such as the bill of sale, must also be included to confirm the transfer of ownership. Once Transport Canada processes the application and removes the aircraft from the registry, the new owner can proceed with registering it in their home country.
It’s essential to complete this step before finalizing the sale, as the aircraft cannot legally operate under its new owner’s jurisdiction until it has been deregistered from Canada’s registry.
Special Considerations for Ultralight Aircraft
The process for transferring ownership of ultralight aircraft follows similar principles but includes specific considerations based on their classification. Ultralight aircraft are divided into basic and advanced categories, each with its own criteria:
- Basic ultralight aircraft have a maximum takeoff weight (MTOW) of 544 kilograms (1,200 pounds) and are limited to daylight operations under visual flight rules (VFR). These aircraft typically require an ultralight pilot permit.
- Advanced ultralight aircraft have a slightly higher MTOW of 559 kilograms (1,232 pounds) and also operate under daylight VFR. However, they may carry passengers if the pilot has an appropriate passenger-carrying rating.
When transferring ownership of an ultralight aircraft, you will need to use a specific form designated for this category. This form accommodates the unique requirements of ultralight aircraft and ensures the registration is updated accordingly. The details required include the aircraft’s classification, as well as the new owner’s information and qualifications if applicable.
Tips for a Smooth Transfer
While the process of transferring aircraft ownership may seem straightforward, there are several steps where attention to detail is crucial. Missing information, incomplete forms, or delayed submissions can lead to complications. To avoid these issues:
- Double-check all documentation: Ensure that the Transfer of Ownership or De-registration forms are filled out completely and accurately. Verify all supporting documents, such as the bill of sale, are included and properly signed.
- Understand the timeline: Processing times may vary depending on the complexity of the transfer and the volume of applications Transport Canada is handling. Plan accordingly to avoid delays.
- Seek expert assistance: If you find the process overwhelming or are unsure about specific requirements, consider working with a service like National Aviation Registration. Their expertise can simplify the process, ensuring all forms are completed correctly and submitted promptly.
- Communicate with the new owner: Clear communication between the current and new owners can help ensure all necessary information is exchanged and the process moves forward smoothly.
How National Aviation Registration Can Help
Navigating the requirements of Transport Canada can sometimes feel complicated, but you don’t have to do it alone. National Aviation Registration offers a streamlined platform for aircraft owners to handle their documentation needs efficiently. Whether you’re transferring ownership within Canada or preparing an aircraft for export, our team is here to assist every step of the way.
With our resources, you can access the necessary forms, receive guidance on completing them, and submit your applications with confidence. Our goal is to make the process as stress-free as possible so you can focus on enjoying your aviation journey.
From ensuring proper registration updates to managing de-registration requirements, we are committed to providing aircraft owners with reliable and effective support. Let us handle the paperwork so you can navigate your ownership transfer without unnecessary hassles.
Completing a Canadian plane transfer of ownership doesn’t have to be an overwhelming task. By following the outlined steps and leveraging expert assistance when needed, you can ensure a smooth and successful transition for both you and the new owner.
Laws Pertaining to the Transfer of Ownership
If you own an aircraft, these laws may fit your exact situation. Have more questions? Don’t hesitate to reach out to us.
Division IV — Transfer of Legal Custody and Control
General
- 202.35 (1) Subject to Subpart 3, where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled.
- (2) Where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the registered owner shall, by not later than seven days after the transfer, notify the Minister of the transfer in writing.
- (3) For the purposes of this Division, an owner has legal custody and control of a Canadian aircraft when the owner has complete responsibility for the operation and maintenance of the aircraft.
Interim Registration
- 202.36 (1) Subject to subsection (2), where any part of the legal custody and control of a Canadian aircraft is transferred and the new owner meets the requirements referred to in section 202.16, the aircraft is deemed to be registered with an interim registration in the name of the new owner.
- (2) Where any part of the legal custody and control of an aircraft referred to in subsection (1) is transferred for a second time, the aircraft is not deemed to be registered with an interim registration in the name of the new owner even if the new owner meets the requirements referred to in section 202.16.
- (3) The interim registration of an aircraft referred to in subsection (1) expires on the earliest of
- (a) the last day of the three-month period following the date of the transfer of any part of the legal custody and control of the aircraft,
- (b) the day on which there is a further transfer of any part of the custody and control of the aircraft, and
- (c) the day on which a continuing certificate of registration is issued in respect of the aircraft.
- (4) Where there is a change in the registered owner’s name, address or other information contained in the continuing certificate of registration, the aircraft is deemed to be registered with an interim registration if the requirements specified in the Aircraft Marking and Registration Standards are met.
- (5) The interim registration of an aircraft referred to in subsection (4) expires on the earliest of
- (a) the last day of the three-month period following the date of the change or amendment,
- (b) the day on which there is a transfer of any part of the legal custody and control of the aircraft, and
- (c) the day on which a continuing certificate of registration is issued in respect of the aircraft.
- (6) An interim certificate of registration may not be transferred.
Provisional Registration of an Aircraft
[
- SOR/2000-405, s. 11
]
- 202.37 (1) If an aircraft is not registered in Canada or in a foreign state, no person shall operate it for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada unless the person first obtains a provisional certificate of registration in accordance with the Aircraft Marking and Registration Standards in respect of the aircraft.
- (2) The Minister may specify in a provisional certificate of registration conditions governing the operation of the aircraft as necessary for its safe and proper operation, and the destination to which and the date or dates on which the aircraft may be operated.
- (3) A provisional certificate of registration expires or is cancelled, as the case may be, when the aircraft
- (a) arrives at the destination set out in the provisional certificate of registration or, if the provisional certificate of registration specifies that a test flight shall be performed, when the test flight is completed;
- (b) is operated on a date that is not specified in the provisional certificate of registration; or
- (c) is operated in a manner that is contrary to any condition specified in the provisional certificate of registration.
- SOR/2000-405, s. 12
Exporting an Aircraft
202.38 Where a Canadian aircraft is sold or leased to a person who is not qualified under section 202.15 to be the registered owner of a Canadian aircraft and the aircraft is not in Canada at the time of its sale or lease or it is understood by the vendor or lessor, as the case may be, that the aircraft is to be exported, the vendor or lessor shall
- (a) remove the Canadian marks from the aircraft and, if applicable, the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft at the time of the sale or lease;
- (b) notify the Minister in writing, within seven days after the sale or lease, of the date of
- (i) the sale or lease,
- (ii) the exportation, if applicable,
- (iii) the removal of the Canadian marks, and
- (iv) the removal of the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft, if applicable;
- (c) provide the Minister with a copy of all of the agreements that relate to the transfer of any part of the legal custody and control of the aircraft resulting from the sale or lease; and
- (d) return to the Minister the certificate of registration of the aircraft.
- SOR/2000-405, s. 13
Transfer of Airport Certificate
- 302.04 (1) When an airport certificate is transferred, it shall be transferred in accordance with this section.
- (2) The Minister shall transfer an airport certificate to a transferee where
- (a) the current holder of the airport certificate, at least 14 days before ceasing to operate the airport, notifies the Minister in writing that the current holder will cease to operate the airport as of the date specified in the notice;
- (b) the current holder of the airport certificate notifies the Minister in writing of the name of the transferee;
- (c) the transferee applies in writing to the Minister, within 14 days before the current holder ceases to operate the airport, for the airport certificate to be transferred to the transferee; and
- (d) the requirements set out in section 302.03 are met.
- (3) An application referred to in paragraph (2)(c) shall include a copy of the notice referred to in paragraph (2)(a).
Interim Airport Certificate
- 302.05 (1) The Minister may, by mail, telex or facsimile machine, issue to an applicant referred to in section 302.03 or a transferee referred to in section 302.04 an interim airport certificate authorizing the applicant or transferee to operate an aerodrome as an airport if the Minister is satisfied that
- (a) an airport certificate in respect of the aerodrome will be issued to the applicant or transferred to the transferee as soon as the application procedure in respect of the issuance or transfer is completed; and
- (b) the issuance of the interim airport certificate is in the public interest and not detrimental to aviation safety.
- (2) An interim airport certificate issued pursuant to subsection (1) expires on the earlier of
- (a) the date on which the airport certificate is issued or transferred, and
- (b) the date specified in the interim airport certificate on which it will expire.
- (3) Except for paragraph 302.02(1)(b), subsections 302.03(1) and (2) and section 302.08, this Subpart applies in respect of an interim airport certificate in the same manner as it applies in respect of an airport certificate.
Amendment and Cancellation of Airport Certificate
- 302.06 (1) The Minister may, if the requirements of section 302.03 and paragraph 302.08(1)(c) are met, amend an airport certificate where
- (a) there is a change in the use or operation of the airport;
- (b) there is a change in the boundaries of the airport; or
- (c) the holder of the airport certificate requests the amendment.
- (2) The Minister shall cancel an airport certificate where this Subpart no longer applies in respect of the aerodrome referred to in the airport certificate, as determined in accordance with section 302.01.
A Site to Help Aircraft Owners With More Than Just Transferring Ownership
Transferring ownership of your aircraft is just one of the ways that we can help. Here at our site, we can also help you to register your aircraft, to re-register it, to change the rating, and so much more. For more ways that we help busy aircraft owners, click here.