Exemptions to the Canadian Aviation Regulations (CARs)

CARS provision(s): 705.124(1)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-022-2022

The purpose of the exemption is to allow Canadian air operators to train and qualify persons who held a flight dispatcher certificate as of March 11, 2020, and who have exceeded the validity period of their generic exams in accordance with paragraph 725.124(21)(a) of the CASS, due to circumstances related to the COVID-19 pandemic.

The ability to recall and retrain experienced dispatchers expeditiously will enable the operators to expand their air operations quicker and will reduce the administrative burden on the already reduced capacity of Transport Canada’s exam centres.

CARS provision(s): subsection 561.08(1) of the CARs and Standards for Approved Manufacturers subsections 561.08(a), 561.08(b) in part, and 561.08(e)

Applicant provision(s): Havilland of Canada Limited

Aircraft model: n/a

Registration no.: n/a

QC-003-2022

This exemption enables de Havilland Aircraft of Canada Limited to maintain its Approved Manufacturer Certificate without having in place all the elements of a production control system required by CARs subsection 561.08(1) and by Standards for Approved Manufacturers subsections 561.08(a), 561.08(b) in part, and 561.08(e).

This exemption is subject to the conditions set herein, also allows DHC, or a person acting under the control of DHC, to sign a statement of conformity in respect of an aeronautical product where the aeronautical product has not been manufactured as required by CARs paragraph 561.10 (1)(d).

CARS provision(s): subsection 605.84(1)(c)(i)

Applicant provision(s): Les Investissements Nolinor Inc.

Aircraft model: n/a

Registration no.: n/a

QC-006-2022

The purpose of this exemption is to allow the air operator Les Investissements Nolinor Inc. and its authorized flight crew members to conduct a take-off in a Boeing 737-2K2C aircraft bearing the registration C-GNLK, serial number 20836, a two Boeing 737-2B6C aircraft bearing the registration C-GTUK, serial number 23049 and the registration C-GNLN, serial number 23050, or to permit a take-off to be conducted in the aircrafts notwithstanding that paragraphs (b)(3)(ii), (b)(3)(iii), and (b)(3)(vii)(A)(B)(C) of the FAA airworthiness directive FAA AD 93-07-15 are not met. This will provide Les Investissements Nolinor Inc. 3 years to develop a solution and become fully compliant with the requirements set out in the FAA’s AD 93-07-15.

CARS provision(s): 605.84(1)(c)(i)

Applicant provision(s): Bradley Air Services Limited

Aircraft model: n/a

Registration no.: n/a

ON-006-2022

The purpose of this exemption is to allow the air operator Bradley Air Services Limited and its authorized flight crew members to conduct a take-off, or to permit a take-off to be conducted in a Boeing 737-2T2C, registration C-GDPA, serial number 22056, notwithstanding that paragraphs (a)(2) and (b)(3) of the Federal Aviation Administration (FAA) Airworthiness Directive (AD) 93-07-15 are not met. This will provide Bradley Air Services Limited 3 years to develop a solution and become fully compliant with the requirements set out in the FAA’S AD 93-07-15.

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

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-019-2022 – Re-issuance of NCR-059-2021

The purpose of this exemption is to adopt temporary measures in the public interest to continue operations following the declaration of a pandemic outbreak of the novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11, 2020.

More specifically, this exemption allows all holders of Canadian Aviation Document Booklets (ADB) that were still valid on March 12, 2020 to continue exercising the privileges stated in their booklet until February 28, 2023, or beyond if the expiry date affixed in the booklet is later, as the continued backlog is expected to persist through next year and will impair the processing and issuance of licences and ADBs prior to their expiration.

This exemption is a re-issuance of exemption NCR-059-2021, which is in effect until June 30, 2022.

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

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-020-2022 - Re-issuance of NCR-057-2021

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person-to-person transmission following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

As the COVID-19 situation continues to evolve and Provincial and Municipal governments maintain social distancing measures that have led to limited access to flight schools across Canada, 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-057-2021.

CARS provision(s): 605.84(1)c)(i)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

QC-007-2022 - Re-issuance of QC-007-2017

The purpose of this exemption is to allow the air operator Air Inuit Limited and its authorized flight crew members to conduct a take-off, or to permit a take-off to be conducted in a Boeing 737-275C, registration C-GSPW, serial number 22618; a Boeing 737-2S2C, registration C-GAIG, serial number 21928 and a Boeing 737-2Q2C, registration C-GMAI, serial number 21467 notwithstanding that paragraphs (b)(3)(i) and (b)(3)(iii) of the Federal Aviation Administration’s (FAA) Airworthiness Directive (AD) 93-07-15 are not met. This will provide Air Inuit Limited 3 years to develop a solution to become fully compliant with the requirements set out in the FAA’s AD 93-07-15.

This exemption is a re-issuance of exemption QC-007-2017, which is in effect until June 20, 2022.

CARS provision(s): 605.84(1)c)(i)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

QC-004-2022 – Re-issuance of QC-002-2019

The purpose of this exemption is to allow the air operator Chrono Jet Inc. and its authorized flight crew members to conduct a take-off, or to permit a take-off to be conducted in a Boeing 737-219C aircraft bearing the registration C-GTVO and serial number 22994, notwithstanding that the requirements of paragraphs (b)(3)(i) and (b)(3)(iii) of the Federal Aviation Authority’s (FAA) Airworthiness Directive (AD) 93-07-15 are not met. This will provide Chrono Jet Inc. 3 years to develop a solution and become fully compliant with the requirements set out in the FAA’s AD 93-07-15.

This exemption is a re-issuance of exemption QC-002-2019, which is in effect until June 20, 2022.

CARS provision(s): 605.84(1)c)(i)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

QC-005-2022 - Re-issuance of QC-006-2018

The purpose of this exemption is to allow the air operator Les Investissements Nolinor Inc. and its authorized flight crew members to conduct a take-off in a Boeing 737-248C aircraft bearing the registration C-GNLE, serial number 21011, or a Boeing 737-2R4C aircraft bearing the registration C-GNLW, serial number 23130 or to permit a take-off to be conducted in the aircraft notwithstanding that paragraphs (a)(2)(iii), (a)(2)(iv), (b)(3)(ii), (b)(3)(iii), and (b)(3)(vii)(A)(B)(C) of the FAA airworthiness directive FAA AD 93-07-15 are not met. This will provide Les Investissements Nolinor Inc. 3 years to develop a solution and become fully compliant with the requirements set out in the FAA’s AD 93-07-15.

This exemption extends the regulatory relief previously granted under exemption QC-006-2018.

CARS provision(s): 602.97(2)602.98(1)602.99

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-014-2022 - Cancels NCR-023-2018

The purpose of this exemption is to exempt pilots operating at Mirabel and/or Nanaimo airports, from having to maintain a continuous listening watch as well as make all required reports on the Mandatory Frequency (MF). This will enable pilots, under specified conditions, at these airports to monitor and report on a Ground Advisory (GND ADV) frequency , therefore reducing the transmission congestion in the MF.

CANCELLATIONThe exemption NCR-023-2018 from subsections 602.97(2) and 602.98(1) and section 602.99 of the CARs – issued on August 16, 2018, at Ottawa, Ontario, by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is 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): 604.169(2), 702.76(2)(d)(vi), 703.98(2)(d), 704.115(2)(e) and 705.124(2)(e)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-007-2022 During recent internal and external consultation with industry stakeholders, it was deemed that the issues of flight crew members training with head and/or face worn devices was still a concern leading to this exemption being renewed.

The purpose of this exemption is to provide temporary measures in the public interest in response to travel restrictions and other impediments that air operators are encountering in the training of flight crew members following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11, 2020.

This exemption is to authorize Canadian operators to defer the requirement for flight crew members to perform hands-on practical drills using head or face covering emergency equipment such as quick donning oxygen masks during annual training only.

This exemption does not permit the operator to reduce the content in its approved flight crew member annual training program. The performance of the required hands-on practical drills shall either be completed within the validity period of the annual training or deferred for successful completion later by each flight crew member.

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

Applicant provision(s): Top Aces Inc.

Aircraft model: n/a

Registration no.: n/a

QC-002-2022 - Re-issuance of QC-007-2019

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-007-2019.

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

Applicant provision(s): n/a

Aircraft model: Airbus Helicopters

Registration no.: AS 365N2

CARS provision(s): 801.01(2)(a) and 801.08(b)

Applicant provision(s): NAV CANADA

Aircraft model: n/a

Registration no.: n/a

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

Applicant provision(s): Air Canada

Aircraft model: Boeing 777 and 787

Registration no.: n/a

OTT-004-2022 - Re-issuance of OTT-007-2017

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 paragraphs 7.3.1(a) of Initial Part Seven and 7.1.1(a) of Annual Part Seven of the Flight Attendant Training Standard without operating the Boeing 787 floor level exit. Currently, Schedule A of the Flight Attendant Training Standard – Aircraft Exit Compatibility Groups – does not recognize either the Boeing 777 or Boeing 787 aircraft.

This exemption allows Air Canada to treat as equivalent the operation of the Boeing 777 floor level exit trainer and the Boeing 787 floor level exit.

CARS provision(s): 605.86(1)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-012-2022 - Re-issuance of NCR-006-2017

The purpose of this exemption is to exempt private operators from having a maintenance schedule that meets the requirements of the Aircraft Equipment and Maintenance Standards found in section 625.86 of Standard 625, more specifically, the 12 month calibration requirement for installed non-stabilized MDI as specified in subparagraph 10(a) of Appendix C of Standard 625.

CARS provision(s): 602.128(1), 704.36(1) and 700.11

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

ATL-001-2022 E

This exemption enables Cougar Helicopters Inc. flight crew members operating the SK92 helicopter type to conduct Category (CAT) II Instrument Landing System (ILS) approaches that are published in the Canada Air Pilot (CAP), when the reported visibility is at least Runway Visual Range (RVR”A”) of 600 feet, using a decision height (DH) of 100 feet.

This exemption extends the regulatory relief previously granted under exemption ATL-003-2017.

CARS provision(s): 603.21

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 507.03(a) and (b)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-002-2022 – Re-issuance of NCR-114-2016

The purpose of this exemption is to allow officials acting for or on behalf of the Minister to issue, in respect of an eligible aircraft which the Minister is satisfied is safe for flight, a flight authority, more specifically a Special Certificate of Airworthiness in the Limited classification, according to criteria other than those set out in paragraphs 507.03(a) and (b) of the CARs, further to having received and assessed as satisfactory an application for an eligible aircraft in a form and manner other than that specified in Chapter 507 of the Airworthiness Manual, as required by subsection 507.06(2) of the CARs, such application including a declaration which is different from the declaration attesting that the aircraft meets the requirements of section 507.03 of the CARs, as required by paragraph 507.06(3)(b) of the CARs.

CARS provision(s): 507.06(2) and507.06(3)(b)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-001-2022 - Re-issuance of NCR-099-2016

The purpose of this exemption is to allow persons who apply for a special certificate of airworthiness in the limited classification to submit their application in respect of an eligible aircraft in a form and manner other than that specified in Chapter 507 of the Airworthiness Manual, as required by subsection 507.06(2) of the CARs.

The purpose of this exemption is to allow persons to submit with their application a declaration which is different from the declaration attesting that the aircraft meets the requirements of section 507.03 of the CARs, as required by paragraph 507.06(3)(b) of the CARs.

The purpose of this exemption is to allow persons to submit an application for an aircraft other than those described in paragraph 507.03(b) of the CARs.

CARS provision(s): 705.108

Applicant provision(s): WestJet

Aircraft model: Boeing 787-9

Registration no.: n/a

OTT-005-2022 The purpose of this exemption is to allow WestJet and their pilots-in-command and seconds-in-command qualified on the Boeing 787-9 to operate this aircraft type without adhering to the crew pairing restrictions applicable to pilots who are transitioning to an aeroplane type on which they have no previous experience.

This exemption will allow WestJet to resume and expand pre-pandemic Boeing 787-9 operations until such time that sufficient pilots have completed their consolidation period in order to permit further operations without the need to deviate from crew pairing restrictions.

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

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

PNR-003-2022

The purpose of this exemption is twofold:

• Allow and authorize AES to operate pursuant to subpart 702 of the CARs as lessee of United States registered Boeing CH-47D S/N 92-0297 Reg. N404AJ, Boeing CH-47D S/N 90-0184 Reg. N561AJ, and Boeing CH-47D S/N 89-0132 Reg. N303AJ registered to Billings Flying Service, Inc. (BFS), 3655 AJ Way, Billings, Montana, USA, 59102 Boeing CH-47D helicopters which do not have aircraft type designs certified by the Minister, in order to conduct external-load operations to prevent erosion on Plateau Pipe Line Ltd.’s Western Pipeline System, near Chetwynd, BC.
• 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.

Cancellation

The exemption PNR-002-2022 from subsection 203.03(1), subsections 706.09(1) and (2) of the Canadian Aviation Regulations, issued on April 7, 2022 in Ottawa, Ontario, by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is 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): 901.02

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

RPAS-002-2022

The purpose of this exemption is to fix an unintended consequence of the way the Remotely Piloted Aircraft System (RPAS) regulations were drafted that is creating an administrative issue preventing foreign operators and foreign pilots from conducting RPAS activities within the RPAS regulatory framework. This exemption will be beneficial for a large number of international tourists, post-secondary education students, and researchers coming to Canada.

Part IX of the CARs requires every RPA between 250g and 25 kg to be registered in order to be flown in Canada. However, foreign RPAS operators and pilots are not able to register RPA, despite being able to fly in Canada when using a Special Flight Operations Certificate (SFOC). This creates an administrative issue that does not impact safety.

The purpose of this exemption is to enable a foreign operator or pilot (as described in paragraph 903.01(c) of the CARs) who does not qualify to be the registered owner of a RPA, as per subsection 901.04(1) of the CARs, to operate an RPAS without having their aircraft registered according to Division II – Registration of Remotely Piloted Aircraft.

This exemption aligns small RPA (250 g to 25 kg) with how Transport Canada permits operations of large (> 25kg) RPA, which do not require registration, for a person that does not qualify to be the registered owner of an RPA.

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

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

PNR-002-2022 Cancelled and REPLACED by PNR-003-2022

PNR-002-2022 E

The purpose of this exemption is twofold:

• Allow and authorize AES to operate pursuant to subpart 702 of the CARs as lessee of United States registered Boeing CH-47D S/N 92-0297 Reg. N404AJ, and Boeing CH-47D S/N 89-0132 Reg. N303AJ registered to Billings Flying Service, Inc. (BFS), 3655 AJ Way, Billings, Montana, USA, 59102 Boeing CH-47D helicopters which do not have aircraft type designs certified by the Minister, in order to conduct external-load operations to prevent erosion on Plateau Pipe Line Ltd.’s Western Pipeline System, near Chetwynd, BC.
• 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): 401.03(1)(a), (b) and (d)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-011-2022 - Re-issuance of NCR-095-2016

The purpose of this exemption is to allow all flight test pilots authorized by the Minister as Design Approval Representatives (DAR) 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 type rating for the aircraft that is being operated, while conducting airworthiness flight testing of the aircraft.

This exemption extends the regulatory relief previously granted under exemption NCR-095-2016.