Exemptions to the Canadian Aviation Regulations (CARs)

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.

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

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

Aircraft model: A-330-343

Registration no.: n/a

OTT-005-2023

The purpose of this exemption is to enable Air Transat A.T. Inc to apply, in accordance with paragraph 507.06(3)(a) of the CARs, for the issuance of a certificate of airworthiness pursuant to paragraph 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 43719 for the installation of heated drains in the cargo hold, as required by the Canadian Configuration definition in A330-343 certified Type Design A-205 – Issue 28, which refers to Airbus Document AI/EA-N 415.1859/99.

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

Applicant provision(s): Jazz

Aircraft model: CRJ 900 and DHC-8-400

Registration no.: n/a

OTT-004-2023

The purpose of this exemption is to allow Jazz to conduct its Embraer ERJ 170-200 (E175) flight attendant aircraft type training without conducting the crew prepared evacuation drills as required by section 7.4 of Initial training of the Flight Attendant Training Standard (TP 12296, 2nd Edition).

This exemption allows Jazz to treat the Embraer ERJ 170-200 aircraft as equivalent to the other aircraft in its fleet, specifically the CRJ 900 and the DHC-8-400, with respect to the conduct of crew prepared evacuation drills.

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-003-2023

The purpose of this exemption is to enable the registered owner Air Canada to apply, in accordance with paragraphs 507.06(3)(a) of the CARs, for the issuance of a certificate of airworthiness pursuant to section 507.02(b), for the specific aircraft listed below which do not conform to their certified type design solely in that they lack Airbus modification MOD 26938 or 34817 for the installation of heated drains in the cargo hold as required by the Canadian Configuration definition in A321-211 certified Type Design A-166 – Issue 53, which refers to Airbus Document AI/EA-S 413.0400/97.

CARS provision(s): 507.02(b) and507.06(3)(a)

Applicant provision(s): Air Canada

Aircraft model: A-330-343

Registration no.: n/a

OTT-001-2023

The purpose of this exemption is to enable Air Canada to apply, in accordance with paragraph 507.06(3)(a) of the CARs, for the issuance of a certificate of airworthiness pursuant to paragraph 507.02(b) of the CARs for the specific aircraft listed below which do not conform to their certified type design solely in that they lack Airbus modification MOD 43719 or 56834 for the installation of heated drains in the cargo hold, as required by the Canadian Configuration definition in A330-343 certified Type Design A-205 – Issue 28, which refers to Airbus Document AI/EA-N 415.1859/99.

CARS provision(s): 501.03

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-003-2023

The purpose of this exemption is to exempt all Canadian aircraft owners other than a Remotely Piloted Aircraft (RPAS) having a MTOW of 25kg or less or an ultra-light aeroplane from the Annual Airworthiness Information Report (AAIR) reporting schedule set out in section 501.03 of the Canadian Aviation Regulations (CARs) for the data related to the 2022 year only.

Canadian aircraft owners other than a Remotely Piloted Aircraft (RPAS) having a MTOW of 25kg or less or an ultra-light aeroplane will be required to provide the AAIR report for 2022 at a later date.

CARS provision(s): 803.02(a)

Applicant provision(s): Agnico Eagle Mines, Ltd

Aircraft model: n/a

Registration no.: n/a

PNR-005-2022

The purpose of this exemption is to allow Agnico Eagle Mines, Ltd to submit for publishing, for the Meadowbank Aerodrome (CMB2), Instrument Approach Procedures (IAP) with minima that is less than 500 feet to NAV CANADA, as part of the Restricted Canada Air Pilot, which do not comply with the minimum applicable landing surface and aerodrome specifications.

CARS provision(s): 603.21

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-001-2023

The purpose of this exemption is to allow private operators holding a valid SFOC to permit a foreign pilot holding a valid FLVC in the Balloon category in accordance with section 401.07 of the CARs and possessing a medical fitness equivalent to at least that of the ICAO Class 2 Medical Assessment (Canadian Category 3) to act as the pilot in command of a balloon.

This exemption also allows foreign pilots holding a valid FLVC in the Balloon category in accordance with section 401.07 of the CARs and possessing a medical fitness equivalent to at least that of the ICAO Class 2 Medical Assessment (Canadian Category 3) to act as pilot-in-command of balloons with fare-paying passengers.

CARS provision(s): 404.03(2)(a) and (b), 404.04(1)(b)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

CAME-002-2023 - Re-issuance of CAME-002-2022

The purpose of this exemption is to continue offering telemedicine as an option for aviation medical certificate renewals. This was originally granted in relation to the COVID-19 pandemic, to limit face-to-face interactions and reduce the unnecessary exposure of healthy medical certificate holders to potentially hazardous healthcare settings. However, the option for renewal via telemedicine has benefits beyond the COVID-19 pandemic in offering greater flexibility to applicants, specifically those in remote and under-serviced areas.

Plus More specifically, subject to the conditions set out below, this exemption will enable the renewal of medical certificates by telemedicine consultation to holders of medical certificates Category 1, 2, 3, or 4 with a validity period ending on or after March 17, 2020.

Plus This exemption extends, for 24 additional months, the regulatory relief previously granted under exemption NCR-062-2020, CAME-002-2021, and CAME-002-2022 issued on June 3, 2020, March 2, 2021, and March 3, 2022, for twelve (12) months, respectively.

CARS provision(s): 401.06(1)(c)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-007-2023 – Re-issuance of NCR-020-2022

The purpose of this exemption is to allow applicants who have applied for a permit, licence or rating after March 11th, 2020 and who have successfully-completed the skill requirement, to extend the skill requirements by 10 months.

This exemption extends the regulatory relief previously granted under exemption NCR-020-2022.

CARS provision(s): 401.14(a)421.14(1)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-006-2023 - Re-issuance of NCR-005-2022

The purpose of this exemption is to allow candidates who hold a valid Category 4 medical certificate or whose Category 1 medical certificates issued or renewed by the Minister of Transport no longer meets the validity period for a Commercial licence yet is still valid for a Private licence to attempt a flight test for the Private Pilot Licence, Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating as a temporary measure until the end of the validity period of this exemption.

This exemption extends the regulatory relief previously granted under exemption NCR-005-2022.

CARS provision(s): 400.03(1)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-008-2023 – COVID-19 related

The purpose of this exemption is allowing all licensing applicants who have applied for a permit, licence or rating after March 11th, 2020 but no later than February 29, 2024 and who have successfully-completed the knowledge requirement, to extend the knowledge requirements by 10 months.

This exemption extends the regulatory relief previously granted under exemption NCR-029-2022.

CARS provision(s): 404.17(a) and 404.18(a)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

CAME-001-2023 - Re-issuance of CAME-001-2022

The purpose of this exemption is to continue offering telemedicine as an option for aviation medical certificate renewals. This was originally granted in relation to the COVID-19 pandemic, to limit face-to-face interactions and reduce the unnecessary exposure of healthy medical certificate holders to potentially hazardous healthcare settings. However, the option for renewal via telemedicine has benefits beyond the COVID-19 pandemic in offering greater flexibility to applicants, specifically those in remote and under-serviced areas.

More specifically, the purpose of this exemption is to permit CAMEs to renew existing MCs via telemedicine consultation when the CAME deems it sufficient.

This exemption extends, for 24 additional months, the regulatory relief previously granted under exemption NCR-061-2020, CAME-001-2021, and CAME-001-2022 issued on May 21, 2020, February 25, 2021, and March 2, 2022, for twelve (12) months, respectively.

CARS provision(s): 705.206

Applicant provision(s): WestJet

Aircraft model: Boeing 737-8

Registration no.: n/a

OTT-002-2023

Re-issuance of OTT-004-2018

The purpose of this exemption is to allow WestJet to operate a Boeing 737-8 aeroplane model to carry passengers in extended over-water operations without having to carry out a successful demonstration of its ditching emergency evacuation procedures for that model of aeroplane when a successful demonstration has already been conducted using WestJet’s Boeing 737 cabin emergency evacuation trainer.

This exemption is a re-issuance of OTT-004-2018 that is in effect until February 27, 2023.

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-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 the mining and resource industry in Northern Canada.

This exemption is a re-issuance of exemption OTT-002-2022, which is in effect until January 31, 2023.

CARS provision(s): 202.42(1)

Applicant provision(s): Onex Partners Advisor GP Inc.

Aircraft model: n/a

Registration no.: n/a

ON-009-2022 – Re-issuance of NCR-020-2017

The purpose of this exemption is to permit Onex Partners Advisor GP Inc. to privately operate an aircraft registered in the United States that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period.

This exemption is a re-issuance of exemption NCR-020-2017, which expired on November 1, 2022.

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

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-036-2022

The purpose of this exemption is to provide Canadian airport operators with alternative interim standards for the spacing of taxiway edge lights in a manner that is consistent with the International Civil Aviation Organization (ICAO) specifications and Federal Aviation Administration (FAA) standards, until such a time TP 312, 5th Edition, is amended.

CARS provision(s): 705.40(3)

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

OTT-012-2022

The purpose of this exemption is to allow Air Canada to let one flight attendant disembark the aeroplane during fuelling with passengers on board, for the purpose of using the bridge phone for communication with ground, maintenance, and fuelling personnel without being replaced by another flight attendant.

CARS provision(s): 705.40(3)

Applicant provision(s): Air Canada rouge

Aircraft model: n/a

Registration no.: n/a

OTT-014-2022

The purpose of this exemption is to allow Air Canada Rouge to let one flight attendant disembark the aeroplane during fuelling with passengers on board, for the purpose of using the bridge phone for communication with ground, maintenance, and fuelling personnel without being replaced by another flight attendant.

CARS provision(s): 704.07(2)(d)

Applicant provision(s): Skyservice Business Aviation Inc.

Aircraft model: n/a

Registration no.: n/a

QC-010-2022

The purpose of this exemption is to allow Skyservice Business Aviation Inc. (hereinafter “air operator”), without having a Minimum equipment List (MEL) approved by the Minister, to

• Apply for an amendment to their Air Operator Certificate (AOC) #9638 for the purpose of incorporating new aircraft to their fleet, and;
• Be able to dispatch an aircraft, under Subpart 4 of Part VII of the CARs.

CARS provision(s): 700.62

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

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 between India and Toronto or Montreal 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 by up to 2 hours and extend the FDP by up to 1 hour and 15 minutes, due to unforeseen operational circumstances (UOC).

This exemption is a re-issuance of exemption OTT-003-2022, which is valid until December 31, 2022.