Exemptions to the Canadian Aviation Regulations (CARs)

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.

CARS provision(s): 705.109(1)(b)

Applicant provision(s): WestJet

Aircraft model: n/a

Registration no.: n/a

OTT-010-2023

The purpose of the exemption is to permit Swoop flight attendants to act as qualified WestJet flight attendants without undergoing line indoctrination training following the completion of WestJet’s initial training program.

This exemption is an original issuance.

CARS provision(s): 203.03(1), 605.86(1), 706.09(1) and (2)

Applicant provision(s): Airborne Energy Solutions Inc.

Aircraft model: CH-47D

Registration no.: n/a

PNR-008-2023

The purpose of this exemption is twofold:

• To allow and authorize AES to operate as lessee, without an authorization issued pursuant to CAR 202.03 to operate pursuant to subpart 702 of the CARs five Boeing CH-47D helicopters registered in the United States to Billings Flying Service, Inc. (BFS), 3655 A J Way, Billings, Montana, USA, 59106, which do not have aircraft type designs certified in Canada, under AES’s Air Operating Certificate and Aircraft Maintenance Organization for the purpose of transporting an unserviceable CL-215 aircraft (C-FYWP), registered to Buffalo Airways) via external long line, from its current position approximately 30 miles south of Yellowknife, NT, to the Yellowknife Airport.
• To allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters where the Minister has not approved the maintenance schedules, BFS is not the holder of an approved maintenance organization (AMO) certificate, and the performance of the maintenance by BFS has not been approved by the Minister as being in conformity with these regulations.

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

Applicant provision(s): Air Canada

Aircraft model: A321

Registration no.: n/a

OTT-009-2023

The purpose of this exemption is to allow Air Canada 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 A321XLR 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 Canada to treat as equivalent the operation of the Boeing 737-8 OWE trainer and the Airbus A321XLR OWE.

CARS provision(s): 703.22(1)

Applicant provision(s): Niagara Helicopters Ltd

Aircraft model: Bell 206B Helicopter

Registration no.: n/a

ON-012-2023

The purpose of this exemption is to allow Niagara Helicopters Limited to operate its single-engined Bell 206B helicopter, in visual flight rules (VFR) at night conditions with passengers onboard (sightseeing) while having Night Vision Imaging System (NVIS) available, on the approved Niagara Falls Tour route with Class F Special Use Restricted Airspace, CYR518.

CARS provision(s): 602.40, 602.114, 602.115, 602.121 and 602.124

Applicant provision(s): Cougar Helicopters Inc.

Aircraft model: SK-92 Sikorsky

Registration no.: n/a

ATL-002-2023 - Re-issuance of ATL-003-2018

This exemption enables Cougar Helicopters Inc. and its flight crew members flying Sikorsky SK-92 type helicopters while conducting Maritime SAR operations and associated training flights to:

• a) operate the helicopter under Visual Flight Rules (VFR) over water while experiencing meteorological conditions less than those specified in sections 602.114 and 602.115;
• b) operate the helicopter in Instrument Meteorological Conditions (IMC) over water other than in accordance with Instrument Flight Rules (IFR);
• c) descend below the minimum altitudes specified in section 602.124 while conducting operations in IMC over water; and
• d) land and take off at night from areas not meeting the aerodrome lighting requirements specified in Part III of the CARs when operating with Night Vision Goggles (NVG).

This exemption extends the regulatory relief previously granted under exemption ATL-003-2018.

CARS provision(s): 203.03(1)605.86(1)706.09(1) and (2)

Applicant provision(s): Airborne Energy Solutions Inc.

Aircraft model: CH-47D

Registration no.: n/a

PNR-007-2023 – Cancels PNR-003-2023

The purpose of this exemption is twofold:

• To allow and authorize AES to operate as lessee, without an authorization issued pursuant to CAR 202.03 to operate pursuant to subpart 702 of the CARs five Boeing CH-47D helicopters registered in the United States to Billings Flying Service, Inc. (BFS), 3655 A J Way, Billings, Montana, USA, 59106, which do not have aircraft type designs certified in Canada, for the purpose of preventing and/or extinguish wildfires, on behalf of Alberta Forestry, Parks and Tourism - Alberta Wildfire Management Branch, under AES’s Air Operating Certificate and Aircraft Maintenance Organization.
• To allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters where the Minister has not approved the maintenance schedules, BFS is not the holder of an approved maintenance organization (AMO) certificate, and the performance of the maintenance by BFS has not been approved by the Minister as being in conformity with these regulations.

This exemption is a re-issuance of PNR-003-2023 which will automatically be cancelled once this exemption is in place.

CARS provision(s): 203.03(1), 605.86(1), 706.09(1) and (2)

Applicant provision(s): Airborne Energy Solutions

Aircraft model: n/a

Registration no.: n/a

PNR-006-2023

The purpose of this exemption is twofold:

• To allow and authorize AES as lessee, without an authorization issued pursuant to CAR 202.03 to operate pursuant to subpart 702 of the CARs five Boeing CH-47D helicopters, registered in the United States to Billings Flying Service, Inc. (BFS), 3655 A J Way, Billings, Montana, USA, 59106, which do not have aircraft type designs certified in Canada, for the purpose of preventing and/or extinguish wildfires, on behalf of the British Columbia Wildfire Service and Northwest Territories Wildfire Operations, under AES’s Air Operating Certificate.
• To allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters, while BFS is not the holder of an approved maintenance organization (AMO) certificate, and the performance of the maintenance by BFS has not been approved by the Minister as being in conformity with these regulations and the Minister has not approved the aircraft maintenance schedules.

CARS provision(s): 705.34(1)(a) and 705.34(3)(b)

Applicant provision(s): PAL Airlines Ltd

Aircraft model: n/a

Registration no.: n/a

ATL-004-2023 - Re-issuance of ATL-002-2021

The purpose of this exemption is to allow the air operator, PAL Airlines Ltd., to depart from St. John’s International Airport using the Deer Lake Regional Airport or the Stephenville International Airport as take-off alternates, when the visibility at Gander International Airport is below the visibility requirements of the take-off minima without having to meet the requirements of paragraphs 705.34(1)(a) or 705.34(3)(b) of the CARs and subparagraph 725.34(1)(b)(i) or subparagraph 725.34(2)(b)(i) of the CASS.

This exemption is a re-issuance of exemption ATL-002-2021.

CARS provision(s): 401.12(2) and 402.08(2) and (3)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-023-2023 - Re-issuance of NCR-019-2022

The purpose of this exemption is to adopt temporary measures in the public interest to enable all holders of valid Canadian Aviation Document Booklets to continue operations following supply chain issues that have not been resolved since the end of the COVID pandemic.

More specifically, this exemption allows all holders of Canadian Aviation Document Booklets that were still valid on April 1, 2023 to continue exercising the privileges stated in their booklet until August 31, 2024; or beyond if the expiry date affixed in the booklet is later.

This exemption reinstates the regulatory relief previously granted under similar exemption NCR-019-2022.

CARS provision(s): 700.02(1)

Applicant provision(s): Starspeed Limited

Aircraft model: n/a

Registration no.: n/a

OTT-007-2023

The purpose of this exemption is to permit Starspeed Limited, a foreign air operator, to conduct aerial sightseeing operations in support of Quark Enterprises cruise vessel MV Ultramarine in Northern Canadian territories and waters.

CARS provision(s): 571.08(1)(c) and 571.10(1)

Applicant provision(s): Cougar Helicopters Inc.

Aircraft model: Sikorsky S-92

Registration no.: n/a

ATL-003-2023

The purpose of this exemption is to allow a person to install used parts on Cougar Helicopters Inc. Canadian registered S-92A helicopters that were maintained and certified by European Aviation Safety Agency (EASA) Part-145 Approved Maintenance Organizations (AMOs), who are Sikorsky S-92A Original Equipment Manufacturer (OEM) vendors, with an EASA Form 1 without the required Transport Canada Civil Aviation (TCCA) approval in accordance with the TCCA/EASA Maintenance Annex Guidance (MAG) and to allow a person to sign a maintenance release following the installation of the above-mentioned used parts. This exemption is a re-issuance of exemption ATL-003-2021.

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

Applicant provision(s): Robin Campbell Explorations Limited

Aircraft model: N/A

Registration no.: N/A

PNR-002-2023 The purpose of this exemption is to enable Robin Campbell Explorations Limited to apply, in accordance with section 507.06 of the CARs, for the issuance of a Certificate of Airworthiness, and permits the issuance pursuant to section 507.02 of the CARs of a Certificate of Airworthiness for a Aviat Aircraft Inc., Model A-1C-200 which does not conform to its type design.

CARS provision(s): 202.01(1)(a)

Applicant provision(s): Harv's Air Service Ltd

Aircraft model: n/a

Registration no.: n/a

PNR-004-2023

The purpose of this exemption is to allow Harv’s Air Service Ltd. to display aircraft registration marks on the side surfaces of an aircraft that are not in accordance with the Aircraft Marking and Registration Standards. More specifically, this exemption will allow Harv’s Air Service Ltd to operate aircraft C-FXLP with 15.24 cm (6 inches) high registration marks; smaller than the 30 cm (11.8 inches) required by the Aircraft Marking and Registration Standards when marks are not displayed on the bottom surface of the wings.

CARS provision(s): 401.06(2)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-020-2023 - re-issuance of NCR-023-2022

The purpose of this exemption is to allow clearing administrative backlogs, re-establishing services to pre-pandemic levels and contributing to the recovery of the aviation industry.

More specifically, this exemption is to allow certification of additional privileges endorsed on a permit or licence to only expire upon receipt of a new permit or licence granting those privileges, instead of the normally prescribed period of 90 days for a temporary endorsement.

This exemption is a re-issuance of NCR-023-2022 expiring June 30, 2023.

CARS provision(s): 605.34605.34.3

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-014-2023 - Cancels NCR-005-2023 – COVID-19 related

The purpose of this exemption is to provide additional time for operators operating under Subparts 602, 604, 702, 703, 704, and 705 of the CARs to reach compliance with the new cockpit voice recorders (CVRs) requirements and related recorder independent power supplies (RIPS) and data-link recorders (DLR) requirements that came into effect on May 29, 2023, while allowing them to continue operations in the meantime.

The aviation industry is experiencing delays in production, supply chains, and transportation, as well as labour shortages among manufacturers and installers of aircraft components. These delays, which are due in part to the effects of the COVID-19 pandemic, have resulted in longer lead times in the procurement and installation of the equipment that were required to be installed and operational by May 29, 2023, pursuant to the coming into force of the above-mentioned provisions.

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

Applicant provision(s): Iqaluit Airport

Aircraft model: n/a

Registration no.: n/a

NCR-018-2023

The purpose of this exemption is to allow the airport operator to operate its airport with military aircraft arresting systems (AAS) in place and thus to provide a safer environment for Canadian Armed Forces (CAF) fighter aircraft operations at the Iqaluit Airport. These operations are in support of Canadian sovereignty operations and the defence of North America as mandated in the North American Aerospace Defense (NORAD) Agreement.

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

Applicant provision(s): Yellowknife Airport

Aircraft model: n/a

Registration no.: n/a

NCR-017-2023

The purpose of this exemption is to allow the airport operator to operate its airport with Military aircraft arresting systems (MAAS) in place and thus to provide a safer environment for Canadian Armed Forces (CAF) fighter aircraft operations at the Yellowknife Airport. These operations are in support of Canadian sovereignty operations and the defence of North America as mandated in the North American Aerospace Defense (NORAD) Agreement.

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

Applicant provision(s): Inuvik / Mike Zubko Airport

Aircraft model: n/a

Registration no.: n/a

NCR-016-2023

The purpose of this exemption is to allow the airport operator to operate its airport with Military aircraft arresting systems (AAS) in place and thus to provide a safer environment for Canadian Armed Forces (CAF) fighter aircraft operations at the Inuvik / Mike Zubko Airport. These operations are in support of Canadian sovereignty operations and the defence of North America as mandated in the North American Aerospace Defense (NORAD) Agreement.

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

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

Aircraft model: n/a

Registration no.: n/a

OTT-006-2023

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 Drills and 7.1 of Annual Part Seven Drills of TP 12296 without operating the Airbus A321 floor level exit. Currently, Schedule A of TP 12296 – 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 Airbus A310 floor level exit trainer and the Airbus A321 floor level exit.

CARS provision(s): 605.34(1), 605.34(4)(c), 605.34.3

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-005-2023 - Cancelled - Replaced by NCR-014-2023

The purpose of this exemption is to allow Canadian operators operating under Subparts 604, 702, 703, 704 and 705 of the CARs to continue operations without fully complying with the cockpit voice recorders (CVRs) and data link communications Regulations and Standards (reproduced in Appendix A) coming into effect on May 29, 2023, as many operators need more time to retrofit aircraft or to acquire new aircraft to comply with the provisions coming into force.

The aviation industry is experiencing delays in production, supply chains, and transportation, as well as labour shortages among manufacturers and installers of aircraft components. These delays, which are due in part to the effects of the COVID-19 pandemic, have resulted in longer lead times in the procurement and installation of the equipment (CVR, recorder independent power supplies (RIPS), and data-link recorders (DLR)) required to be installed and operational by May 29, 2023, pursuant to the coming into force of the above-mentioned provisions.

CARS provision(s): subsections 602.97(2), 602.98(1) and section 602.991

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-012-2023

NCR-025-2022 CANCELLED

The purpose of this exemption is to exempt pilots operating at Canadian airports that have a published and operational GND ADV frequency, from having to maintain a continuous listening watch of, and from having to make all required reports on, the Mandatory Frequency (MF), when operating on the apron and on the taxiways up to the hold lines from the runway in use. This will enable pilots operating at these airports, under specified conditions, to monitor and report on a GND ADV frequency, for the purpose of reducing the transmission congestion on the MF.

CANCELLATION CLAUSE

The exemption NCR-025-2022 from subsections 602.97(2) and 602.98(1) and section 602.99 of the CARs – issued on June 7, 2022, at Ottawa, Ontario, by the Director General Civil Aviation on behalf of the Minister of Transport, for the Mirabel and Nanaimo airports, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest considering that the present exemption (NCR-012-2023) also applies to the Mirabel and Nanaimo airports.

CARS provision(s): 605.38(1)605.38.1(1)

Applicant provision(s): Porter Airlines Inc.

Aircraft model: DHC-8-402

Registration no.: n/a

ON-008-2023

The purpose of this exemption is to provide additional time for Porter Airlines Inc. to install functional 406 MHz Emergency Locator Transmitter (ELT) on its current fleet of DHC-8-402 aircraft, as required by the regulations, while allowing these aircraft to continue to be operated in the meantime.

CARS provision(s): 203.03(1) and 706.09(1) and (2)

Applicant provision(s): Airborne Energy Solutions Inc.

Aircraft model: CH-47D

Registration no.: n/a

PNR-003-2023

The purpose of this exemption is twofold:

• To allow and authorize AES to operate as lessee, pursuant to subpart 702 of the CARs, three Boeing CH-47D helicopters (serial number 92-0297 / registration N404AJ, serial number 90-0184 / registration N561AJ, and serial number 89-0132 / registration N303AJ) registered in the United States to Billings Flying Service, Inc. (BFS), 3655 A J Way, Billings, Montana, USA, 59106, which do not have aircraft type designs certified in Canada, for the purpose of preventing and/or extinguish wildfires, on behalf of Alberta Forestry, Parks and Tourism - Alberta Wildfire Management Branch, under AES’s Air Operating Certificate and Aircraft Maintenance Organization.
• To allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters where the Minister has not approved the maintenance schedules, BFS is not the holder of an approved maintenance organization (AMO) certificate, and the performance of the maintenance by BFS has not been approved by the Minister as being in conformity with these regulations.