Hello, hoping some wise people here can help with this problem.
Bought a plane, I have the interim C of R. I decided to sell the plane quickly. I do not have the new C of R. What is the process so the new owner can fly it right away. Thx
C of R problem
Moderators: sky's the limit, sepia, Sulako, lilfssister, North Shore, I WAS Birddog
Re: C of R problem
Contact transport Canada - I believe you can pay for a temporary C of R to be faxed.
"Carelessness and overconfidence are more dangerous than deliberately accepted risk." -Wilbur Wright
Re: C of R problem
Is that a temp C of R for the new owner? We already have the interim version.JasonE wrote:Contact transport Canada - I believe you can pay for a temporary C of R to be faxed.
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Oldguystrtn2fly
- Rank 3
- Posts: 104
- Joined: Mon Jun 06, 2016 9:30 am
Re: C of R problem
Would the new owner not buy it and then pay for the interim to have it right away? I wouldn't think a c of r is required to sell, just give him. A bill of sale and he can register it.
Re: C of R problem
CAP41,
You need to look at CARs Part II, Division IV — Transfer of Legal Custody and Control
Assuming that you purchased an aircraft, there was a change in custody and control. If that were the case then paragraph 202.36 (1) would apply. When you fill out the back of the C of R document, that is your interim registration. If you sold the aircraft before it was permanently registered, then paragraph 202.36(2) would apply and the C or R is invalidated by virtue of the second change of custody and control.
See excerpt below:
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.
The new owner is not permitted to fly the aircraft immediately due to the invalidation of the C of R. He or she will have to fill out an application for a C of R at the regional office closest to there the aircraft is based.
I hope this helps.
You need to look at CARs Part II, Division IV — Transfer of Legal Custody and Control
Assuming that you purchased an aircraft, there was a change in custody and control. If that were the case then paragraph 202.36 (1) would apply. When you fill out the back of the C of R document, that is your interim registration. If you sold the aircraft before it was permanently registered, then paragraph 202.36(2) would apply and the C or R is invalidated by virtue of the second change of custody and control.
See excerpt below:
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.
The new owner is not permitted to fly the aircraft immediately due to the invalidation of the C of R. He or she will have to fill out an application for a C of R at the regional office closest to there the aircraft is based.
I hope this helps.
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crazyaviator
- Rank 7
- Posts: 671
- Joined: Sun Oct 21, 2007 7:52 pm
- Location: Ontario
Re: C of R problem
Its a paperwork issue ! With the bill of sale from him to you and from your seller to you AND a C or R applied for on a new form,,,,, fill yer boots,,, go flying TC is not that anally retentive !!! I have done that a few times !
Re: C of R problem
Too bad you couldn't get the registration transferred directly from the old owner to the new one... Now you'll get a bill for taxes as well as the new owner... 
