(1) Subject to subregulation (2), an operator of an aircraft shall ensure that neither a passenger nor a crew member operates any portable electronic device on an aircraft without permission of a PIC of that aircraft.
(2) The provisions of subregulation (1) does not apply to—
(a) a heart pacemaker;
(b) a hearing aid;
(c) a portable voice recorder;
(d) an electric shaver;
(e) portable equipment used to sustain life or similar equipment with the ability to generate an electrical charge for the purpose of pacing or resuscitation; or
(f) any other portable electronic device, the operation of which—
(i) in the case of an aircraft engaged in a commercial air transport operation, the operator; or
(ii) in the case of an aircraft engaged in an operation other than a commercial air transport operation, the PIC, has determined will not cause interference with the systems and equipment of the aircraft in which it is to be used.
(3) A portable electronic device referred to in subregulation (2) (c), (d) or (f) shall not be used by any person during the critical phases of flight.