(1) This regulation applies to a flight of an aircraft if:
(a) the flight involves use of a night vision imaging system; and
(b) the flight is:
(i) an IFR flight; or
(ii) a VFR flight at night.
(2) An aerial work operator's operations manual must include the following:
(a) procedures for using a night vision imaging system during a flight to which subregulation (1) applies;
(b) procedures for conducting such a flight without an element of a night vision imaging system, for use if the element is inoperative.
(3) The Part 138 Manual of Standards may prescribe requirements for the use of a night vision imaging system for a flight of an aircraft.
(4) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) a night vision imaging system is used during the flight; and
(b) a requirement mentioned in subregulation (3) is not met for the flight.
(5) A person commits an offence of strict liability if the person contravenes subregulation (4).