(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:
(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
(b) before the aircraft is flown at that cruising level, the pilot in command does not notify Air Traffic Services of the cruising level.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).