Exemptions to the Canadian Aviation Regulations (CARs)

CARS provision(s):

Applicant provision(s): Nav Canada

Aircraft model: n/a

Registration no.: n/a

NCR-009-2024

The purpose of this exemption is to allow NAV CANADA, as the Air Traffic Services (ATS) certificate holder, and its air traffic controllers to use ground-based ADS-B as a Category A ATS surveillance source in the application of any ATS surveillance separation minimum specified in Standard 821 - Canadian Domestic Air Traffic Control Separation Standards.

CARS provision(s): 903.01(c) and 903.02(f) to (o)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

RPAS-001-2023

The purpose of this exemption is to allow foreign operators or pilots of a small RPAS, whether they have been authorized to operate an RPAS by a foreign state or not, to apply for an SFOC-RPAS under paragraph 903.01(i) without having to apply for such document under paragraph 903.01(c).

Foreign operators or pilots of small RPAS are also exempted from the requirements set out under paragraphs 903.02(f) to (o) allowing them to in lieu comply with similar requirements as part of their application to obtain a Canadian RPAS pilot certificate.

CARS provision(s): 605.04(1), 605.18(H), 605.36(1), 602.60(1)(E), 702.43(A)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-007-2024 - Cancels NCR-005-2020

The purpose of this exemption is to allow persons to conduct a take-off and operate in flight in Canada an aircraft operating with a Special Certificate of Airworthiness in the Limited classification, when that aircraft meets the definition above of "warbird" without the aircraft being equipped with one or more of the following items:

• (a) a hand-held fire extinguisher;
• (b) a hard copy of the entire aircraft flight manual;
• (c) an alternative source of static pressure;
• (d) an autopilot; and
• (e) an altitude alerting system or device (turbo-jet aircraft only).

This exemption extends the regulatory relief previously granted under exemption NCR-005-2020 and enhances it through the addition of the provision under subsection 702.43(a) of the CARs. In consequence, exemption NCR-005-2020 will be cancelled once this exemption is in effect.

CARS provision(s): 703.98(1)(b)

Applicant provision(s): North Air Star Ltd

Aircraft model: n/a

Registration no.: n/a

ON-011-2023

The purpose of this exemption is to allow North Star Air Ltd. to complete initial captain training and Pilot Proficiency Check (PPC) for the Pilatus PC12 in a Transport Canada approved Level D simulator in accordance with subsection 723.98(9.2) of the CASS, to enable zero flight-time training.

CARS provision(s): 400.03(1)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-013-2024 - Reissuance of NCR-008-2023

The purpose of this exemption is to allow licensing applicants who have applied for a two-crew type rating after January 1st, 2023, but no later than July 31, 2024 and who have successfully completed the knowledge requirement in or after October 2021, to extend their exam validity. This regulatory relief is intended to respond to the persistent backlog at Airline Flight Training Centers expected to be cleared within the next four months, that prevents licensing applicants from completing all licensing application requirements.

This exemption extends the regulatory relief previously granted under exemption NCR-008-2023.

CARS provision(s): 401.03(1)(a)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-005-2024 - Cancels NCR-004-2019

The purpose of this exemption is to permit all Engineering Test Pilots working for hire or reward for Transport Canada to exercise the privileges of acting as pilot-in-command or co-pilot of any aircraft, in the aircraft category endorsed on the pilot’s licence, without having a rating for the aircraft that is being operated, while conducting airworthiness flight testing of the aircraft on behalf of Transport Canada. This exemption is required because ratings for aircraft being flight-tested are either unavailable or inappropriate.

This exemption is a re-issuance of exemption NCR-004-2019, which will be cancelled once this exemption is in effect.

CARS provision(s): 302.07(1)(a)(i) and (ii)

Applicant provision(s): Greater Toronto Airports Authority (GTAA)

Aircraft model: n/a

Registration no.: n/a

ON-009-2023 - Re-issuance of ON-002-2021

The purpose of this exemption is to allow the Greater Toronto Airports Authority (GTAA) to extend the trial of Angled Hold Position Visual Aids to determine if TP 312 5th Edition hold positions on Taxiways Delta 1 (D1), Delta 2 (D2) and Delta 3 (D3) are sufficient in addressing the issues in the TSB report and if not, that the angled hold positions suggested by the Greater Toronto Airports Authority (GTAA) and trialed on Taxiways Delta 4 (D4) and Delta (D5) are sufficient in addressing the issues of the TSB report.

In addition, this exemption will also allow the GTAA to have enough time after the trial is concluded and assessed to make the required infrastructure modifications to Taxiways Delta 4 (D4) and Delta 5 (D5) so they can conform to TP 312 5th Edition hold positions if the trial yields results indicating that TP 312 5th Edition hold positions are sufficient in addressing the issues of the TSB report.

CARS provision(s): 401.06(1)(b)(v)

Applicant provision(s): Global

Aircraft model: N/A

Registration no.: N/A

NCR-035-2023 - Reissuance of NCR-026-2018

The purpose of this exemption is to allow applicants of an Airline Transport Pilot Licence –Helicopter (ATPL-H) to complete the skill test using a helicopter certified for single pilot operations only.

This exemption extends the regulatory relief previously granted under exemption NCR-026-2018.

CARS provision(s): 507.02(b) and 507.06(3)(a)

Applicant provision(s): Air Canada

Aircraft model: A321-211

Registration no.: N/A

OTT-017-2023 E

The purpose of this exemption is to allow Air Canada to apply, in accordance with section 507.06 of the CARs, for the issuance of a certificate of airworthiness pursuant to section 507.02 of the CARs for the specific aircraft listed below which does not conform to its certified type design in that it lacks Airbus modification MOD 26938 or 34817 for the installation of heated drains in the containerized cargo areas, as required by the Canadian Configuration definition in A321-211 Type Certificate A-166 issue 53, which refers to Airbus Document AI/EA-S 413.0400/97.

This exemption cannot be used as the basis for an approval of the current modifications embodied on the subject aeroplane, or any subsequent modification or repair.

CARS provision(s): 302.07(1)(a)(i) and (ii)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-001-2024

The purpose of this exemption is to allow all Canadian airport operators to install signs that are consistent with current internationally accepted standards, until such a time TP312, 5th Edition, is amended.

CARS provision(s): 700.02(1) and 701.02(1)

Applicant provision(s): Lynden Air Cargo, LLC

Aircraft model: n/a

Registration no.: n/a

OTT-001-2024 - Cancels OTT-013-2023

The purpose of this exemption is to permit Lynden Air Cargo, LLC, contrary to its Canadian foreign air operator certificate (CFAOC) F-9150 which restricts its area of operations to “between points in Canada and abroad”, to conduct domestic air transport service in Canada on behalf of Bradley Air Services Limited (doing business as Canadian North) in support of non-accessible remote mines/resource industries and non-accessible remote communities.

This exemption is a re-issuance of exemption OTT-013-2023, which will be cancelled once this exemption is in effect.

CARS provision(s): 705.76(a)(i)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-032-2023

The purpose of this exemption is to allow air operators, operating under Subpart 5 of Part VII of the CARs, to operate cargo aircraft with a lavatory that is not equipped with a smoke detector or an indication in the flight deck.

CARS provision(s): 573.02(2)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-003-2024 - Reissuance of NCR-006-2022

This exemption relieves AMO certificate holders with rating(s) in the Avionics, Instrument and Component categories from the requirements of subsection 573.02(11) of Standard 573. They will not be required to have procedures for the evaluation of undocumented parts outlined in Appendix H of Standard 571 approved in their Maintenance Policy Manual.

This exemption extends the regulatory relief previously granted under exemption NCR-006-2022.

CARS provision(s): 602.63(6)(c)

Applicant provision(s): Global

Aircraft model: A319, A320, A321

Registration no.: n/a

NCR-034-2023 - Cancels OTT-023-2018, OTT-004-2019 and 1997 Air Canada exemption

The purpose of this exemption is to allow Canadian air operators operating under Subpart 5 of Part VII of the CARs to operate Airbus A319, A320, or A321 aeroplanes with slide rafts that do not consist of an attached survival kit.

CARS provision(s): 705.124(1)(b)

Applicant provision(s): WestJet

Aircraft model: n/a

Registration no.: n/a

OTT-014-2023

The purpose of the exemption is to permit WestJet to assess flight attendant competency through a means other than the requirement of each flight attendant to physically operate the Boeing 737 automated overwing window exit during annual training.

This exemption is an original issuance.

CARS provision(s): 605.27(3)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-002-2024 - Re-issuance of NCR-061-2021

The purpose of this exemption is to allow Canadian air operators, operating under Subpart 4 of Part VI and Subparts 2, 3, 4 and 5 under Part VII of the CARs to establish procedures that allow flight crew members, while in cruise flight, to remove their shoulder harnesses at flight altitudes at or above 10,000 ASL.

This exemption is a re-issuance of NCR-061-2021.

CARS provision(s): 603.36(b)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-033-2023

The purpose of this exemption is to allow round canopy parachute teams or organizations, holding a valid FAA Letter of Authorization, to apply for the issuance of a Special Flight Operations Certificate – Parachuting in accordance with section 603.38 of the CARs in order to conduct parachute airborne operations, that do not comply with requirements set out in Standard 623 – Special Flight Operations, at a Special Aviation Event.

CARS provision(s): 700.02(2)(a)

Applicant provision(s): Top Aces Inc.

Aircraft model: n/a

Registration no.: n/a

QC-007-2023 – Re-issuance of QC-002-2022

This exemption authorizes Top Aces Inc. and its flight crew members to carry on board persons on behalf of not-for-profit fundraising organizations and recover their operating costs associated with the fundraising flights. This exemption extends the regulatory relief previously granted under exemption QC-002-2022.

CARS provision(s): 705.124(2)(b)(iv)(B)

Applicant provision(s): Air Transat A.T. Inc.

Aircraft model: A321

Registration no.: n/a

OTT-016-2023 - Reissuance of OTT-022-2018

The purpose of this exemption is to allow Air Transat to conduct flight attendant initial and annual training for Aircraft Exit Operation Drills as required by sections 7.3 of Initial Part Seven and 7.1 of Annual Part Seven of the Flight Attendant Training Standard without operating the Airbus A321 Airbus Cabin Flex (ACF) overwing exit (OWE). Currently Schedule A of the Flight Attendant Training Standard – Aircraft Exit Compatibility Groups – does not recognize the Airbus A321 aircraft or an approved equivalent.

This exemption allows Air Transat to treat as equivalent the operation of the Boeing 737NG (Next Generation) OWE and the Airbus A321 ACF OWE.

CARS provision(s): 605.33(2)

Applicant provision(s): Bradley Air Services Ltd

Aircraft model: n/a

Registration no.: n/a

ON-013-2023

The purpose of this exemption is to allow air operator Bradley Air Services Limited and its authorized flight crew members to conduct a take-off in an ATR 42-300 series aircraft, which do not fully conform to the Flight Data Recorder (FDR) specifications listed in Schedule 3 of Appendix I to Standard 625 - Aircraft Equipment and Maintenance Standard.

CARS provision(s): 507.02(b)

Applicant provision(s): Air Transat A.T. Inc.

Aircraft model: MOD 56834

Registration no.: n/a

OTT-015-2023

The purpose of this exemption is to allow Air Transat A.T. Inc. to continue operating Airbus A330-343, qualified under exemption OTT-005-2023 for the issuance of a certificate of airworthiness (C of A) under section 507.02(b) of the CARs for the specific aircraft listed below which does not conform to its certified type design solely in that it lacks Airbus modification MOD 56834 for the installation of heated drains in the cargo hold. The modification is required by the Canadian Configuration definition in A330-343 type certificate A-205, Issue 28, which refers to Airbus Document AI/EA-N 415.1859/99.

CARS provision(s): 700.62

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

OTT-012-2023 - Cancels OTT-013-2022

The purpose of this exemption is to permit Air Canada and its flight crew members to operate B777 and B787 aircraft on direct flights to and from India, Bangkok and Singapore that exceed the maximum flight times and flight duty periods prescribed in the applicable regulations.

More specifically, this exemption will allow Air Canada to plan and operate flights of up to 18 hours flight time and 20 hours flight duty period (FDP), with the ability to extend the flight time and FDP by up to 2 hours, due to unforeseen operational circumstances (UOC).

This exemption is a re-issuance of exemption OTT-013-2022, which will be cancelled once this exemption is in effect.

CARS provision(s): 700.02(1) and 701.02(1)

Applicant provision(s): Lynden Air Cargo, LLC

Aircraft model: n/a

Registration no.: n/a

OTT-013-2023 - Cancels OTT-011-2022

The purpose of this exemption is to permit Lynden Air Cargo, LLC, contrary to its Canadian foreign air operator certificate (CFAOC) F-9150 which restricts its area of operations to “between points in Canada and abroad”, to conduct domestic air transport service in Canada on behalf of Bradley Air Services Limited (doing business as Canadian North) in support of Northern Canada’s mining /resource industry, and Northern communities.

This exemption is a re-issuance of exemption OTT-011-2022, which will be cancelled once this exemption is in effect.

Cancellation clause

When this exemption comes into effect it will cause exemption OTT-011-2022 to be cancelled. Exemption OTT-011-2022 is cancelled because it is of the opinion of the Minister that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

CARS provision(s): 203.08(a)

Applicant provision(s): PAL AEROSPCAE LTD

Aircraft model: n/a

Registration no.: n/a

ATL-005-2023

The purpose of this exemption is to allow the air operator, PAL Aerospace Ltd. to operate as lessee specially equipped De Havilland Canada DHC-8-100 aircraft registered in the Netherlands with markings PH-CGA and PH-CGB, contracted to the government of the Netherlands for the entire period of their contract.

This exemption enables the air operator to apply for a leasing authorization (LF-6).

This exemption replaces exemption ATL-001-2021 which will be cancelled once this exemption comes into effect.

CARS provision(s): 705.91

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-025-2023

This global exemption is to allow Canadian air operators operating under Subpart 5 of Part VII of the CARs to operate without the required quantity of medication in the Emergency medical kit (EMK).

Additionally, this exemption is to prevent further stress on the supply chain; conserve existing supplies; and provide the applicable air operators with alternative interim mechanisms.