EXEMPTION FROM THE APPLICATION OF THE VARIOUS PROVISIONS OF PART IV AND OF THE VARIOUS PROVISIONS OF PART VI OF THE CANADIAN AVIATION REGULATIONS, ALL OF WHICH ARE IDENTIFIED IN ATTACHED SCHEDULE "A"

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt:

a) Those members of the Canadian Forces and other foreign military personnel receiving flight training under the Contracted Flying Training and Support Program (CFTSP); and,

b) Those members of the Canadian Forces and other foreign military personnel who will be assisting the Flight Training Unit responsible for the provision of flight training to the Canadian Forces under the CFTSP in the conduct of flight training;

from the application of the various provisions of Part IV (Personnel Licensing and Training) and of the various provisions of Part VI (General Operating and Flight Rules) of the Canadian Aviation Regulations (CARs), all of which are identified in the attached Schedule "A". The application of this exemption is subject to the conditions set out below.

PURPOSE

The purpose of this exemption is to allow the Canadian Forces and other foreign military personnel to continue to receive flight training and to continue to assist in the conduct of flight training under the CFTSP in accordance with the requirements set out in the attached contract (Schedule "B") without having to comply with the requirements of various provisions of Part IV (Personnel Licensing and Training) and the requirements of various provisions of Part VI (General Operating and Flight Rules) of the CARs, all of which are identified in the attached Schedule "A". The flight training, as described in Schedule "B", will be conducted with the use of Canadian civil-registered aircraft as well as with a combination of civil, military and foreign military instructors.

APPLICATION

This exemption applies to:

a) Those members of the Canadian Forces and other foreign military personnel receiving flight training under the Contracted Flying Training and Support Program (CFTSP) taking place in Southport, Manitoba; and,

b) Those members of the Canadian Forces and other foreign military personnel who will be assisting the Flight Training Unit responsible for the provision of flight training to the Canadian Forces under the CFTSP in the conduct of flight training in Southport, Manitoba.

CONDITIONS

This exemption is subject to the following conditions:

1. A copy of this exemption shall be kept with the Flight Training Unit's Operating Certificate at the flight training center in Southport, Manitoba;

2. All landings and take-offs performed in an aircraft at night at an aerodrome which is not lighted in accordance with the aerodrome lighting requirements specified in Part III of the CARs shall be conducted only where:

i) the flight is conducted without creating a hazard to persons or property on the surface; and

ii) the flight is conducted for the purpose of night vision goggle operations;

3. All legal obligations stipulated in the contract between the Department of National Defence (DND) and Bombardier (attached hereto as Schedule "B") shall be respected. This exemption is not intended to alleviate any legal obligation stipulated in the attached contract; and,

4. The National Defence Act as well as the Regulations and Orders made under the authority of the Minister of National Defence and the Chief of the Air Staff will apply to the Canadian Forces in place of the above-noted Canadian Aviation Regulations, where applicable.

VALIDITY

This exemption is in effect until the earliest of the following:

1. August 31, 2005;

2. The date on which an amendment to the appropriate provision of the Canadian Aviation Regulations and associated standards come into effect;

3. The date on which any condition set out in this exemption is breached; or,

4. The date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, this 27th day of August, 2003, on behalf of the Minister of Transport.

 

 

Merlin Preuss
Director General
Civil Aviation


Schedule "A"

Landing at or Take-off from an Aerodrome at Night

602.40

(1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.

 

Division IV - Pre-flight and Fuel Requirements

Carry-on Baggage, Equipment and Cargo

602.86

(1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are

 

(a)

stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or

 

(b)

restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.

 

(2)

No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless

 

(a)

the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;

 

(b)

all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;

 

(c)

where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,

 

(i) no passenger's view of any "seat belt" sign, "no smoking" sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,

(ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and

(iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and

(d)

all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.

 

Crew Member Instructions

602.87

The pilot-in-command of an aircraft shall ensure that each crew member, before acting as a crew member on board the aircraft, has been instructed with respect to

 

(a)

the duties that the crew member is to perform; and

 

(b)

the location and use of all of the normal and emergency exits and of all of the emergency equipment that is carried on board the aircraft.

 

Fuel Requirements

602.88

(1) This section does not apply in respect of any glider, balloon or ultra-light aeroplane.

 

(2)

No pilot-in-command of an aircraft shall commence a flight or, during flight, change the destination aerodrome set out in the flight plan or flight itinerary, unless the aircraft carries sufficient fuel to ensure compliance with subsections (3) to (5).

 

(3)

An aircraft operated in VFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

 

(a)

in the case of an aircraft other than a helicopter,

 

(i) when operated during the day, to fly to the destination aerodrome and then to fly for a period of 30 minutes at normal cruising speed, or

(ii) when operated at night, to fly to the destination aerodrome and then to fly for a period of 45 minutes at normal cruising speed; or

(b)

in the case of a helicopter, to fly to the destination aerodrome and then to fly for a period of 20 minutes at normal cruising speed.

 

(4)

An aircraft operated in IFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

 

(a)

in the case of a propeller-driven aeroplane,

 

(i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 45 minutes, or

(ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 45 minutes; or

(b)

in the case of a turbo-jet-powered aeroplane or a helicopter,

 

(i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 30 minutes, or

(ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 30 minutes.

(5)

Every aircraft shall carry an amount of fuel that is sufficient to provide for

 

(a)

taxiing and foreseeable delays prior to take-off;

 

(b)

meteorological conditions;

 

(c)

foreseeable air traffic routings and traffic delays;

 

(d)

landing at a suitable aerodrome in the event of loss of cabin pressurization or, in the case of a multi-engined aircraft, failure of any engine, at the most critical point during the flight; and

 

(e)

any other foreseeable conditions that could delay the landing of the aircraft.

 

Passenger Briefings

602.89

(1) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed before take-off with respect to the following, where applicable:

 

(a)

the location and means of operation of emergency and normal exits;

 

(b)

the location and means of operation of safety belts, shoulder harnesses and restraint devices;

 

(c)

the positioning of seats and the securing of seat backs and chair tables;

 

(d)

the stowage of carry-on baggage;

 

(e)

where the aircraft is unpressurized and it is possible that the flight will require the use of oxygen by the passengers, the location and means of operation of oxygen equipment; and

 

(f)

any prohibition against smoking.

 

(2)

The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed

 

(a)

in the case of an over-water flight where the carriage of life preservers, individual flotation devices or personal flotation devices is required pursuant to section 602.62, before commencement of the over-water portion of the flight, with respect to the location and use of those items; and

 

(b)

in the case of a pressurized aircraft that is to be operated at an altitude above FL 250, before the aircraft reaches FL 250, with respect to the location and means of operation of oxygen equipment.

 

(3)

The pilot-in-command of an aircraft shall, before take-off, ensure that all of the passengers on board the aircraft are provided with information respecting the location and use of

 

(a)

first aid kits and survival equipment;

 

(b)

where the aircraft is a helicopter or a small aircraft that is an aeroplane, any ELT that is required to be carried on board pursuant to section 605.38; and

 

(c)

any life raft that is required to be carried on board pursuant to section 602.63.

 

Division VI - Visual Flight Rules

Minimum Visual Meteorological Conditions for VFR Flight in Controlled Airspace

602.114

No person shall operate an aircraft in VFR flight within controlled airspace unless

 

(a)

the aircraft is operated with visual reference to the surface;

 

(b)

flight visibility is not less than three miles;

 

(c)

the distance of the aircraft from cloud is not less than 500 feet vertically and one mile horizontally; and

 

(d)

where the aircraft is operated within a control zone,

 

(i) when reported, ground visibility is not less than three miles, and

(ii) except when taking off or landing, the distance of the aircraft from the surface is not less than 500 feet.

Minimum Visual Meteorological Conditions for VFR Flight in Uncontrolled Airspace

602.115

No person shall operate an aircraft in VFR flight within uncontrolled airspace unless

 

(a)

the aircraft is operated with visual reference to the surface;

 

(b)

where the aircraft is operated at or above 1,000 feet AGL

 

(i) during the day, flight visibility is not less than one mile,

(ii) during the night, flight visibility is not less than three miles, and

(iii) in either case, the distance of the aircraft from cloud is not less than 500 feet vertically and 2,000 feet horizontally;

(c)

where the aircraft is not a helicopter and is operated at less than 1,000 feet AGL

 

(i) during the day, flight visibility is not less than two miles, except if otherwise authorized in an air operator certificate or a private operator certificate,

(ii) during the night, flight visibility is not less than three miles, and

(iii) in either case, the aircraft is operated clear of cloud; and

(d)

where the aircraft is a helicopter and is operated at less than 1,000 feet AGL

 

(i) during the day, flight visibility is not less than one mile, except if otherwise authorized in an air operator certificate or a flight training unit operator certificate - helicopter,

(ii) during the night, flight visibility is not less than three miles, and

(iii) in either case, the aircraft is operated clear of cloud.

VFR Over-the-Top

602.116

Notwithstanding paragraphs 602.114(a) and 602.115(a), an aircraft may be operated in VFR OTT flight during the cruise portion of the flight during the day if

 

(a)

the aircraft is operated at a vertical distance from cloud of at least 1,000 feet;

 

(b)

where the aircraft is operated between two cloud layers, the vertical distance between the layers is at least 5,000 feet;

 

(c)

flight visibility at the cruising altitude of the aircraft is at least five miles; and

 

(d)

the weather at the aerodrome of destination is forecast to have a sky condition of scattered cloud or clear and a ground visibility of five miles or greater with no forecast of precipitation, fog, thunderstorms or blowing snow, and those conditions are forecast to exist

 

(i) where the forecast is an aerodrome forecast (TAF), for the period from one hour before to two hours after the estimated time of arrival; and

(ii) where an aerodrome forecast (TAF) is not available and the forecast is an area forecast (FA), for the period from one hour before to three hours after the estimated time of arrival.

Special VFR Flight

602.117

(1) Notwithstanding paragraph 602.114(b), an aircraft may be operated in special VFR flight within a control zone if

 

(a)

weather conditions preclude compliance with paragraph 602.114(b);

 

(b)

flight visibility is not less than

 

(i) one mile, where the aircraft is not a helicopter, or

(ii) one-half mile, where the aircraft is a helicopter;

(c)

the aircraft is operated clear of cloud and with visual reference to the surface at all times; and

 

(d)

authorization to do so has been requested and obtained from the appropriate air traffic control unit.

 

(2)

Where aerodrome traffic permits, an air traffic control unit shall authorize a pilot-in-command to operate an aircraft in special VFR flight within a control zone if

 

(a)

the pilot-in-command requests authorization to operate the aircraft in special VFR flight;

 

(b)

when reported, ground visibility within the control zone is not less than

 

(i) one mile, where the aircraft is not a helicopter, or

(ii) one-half mile, where the aircraft is a helicopter;

(c)

the aircraft is equipped with radiocommunication equipment capable of maintaining communication with the appropriate air traffic control unit; and

 

(d)

when the aircraft is operated during the night, the authorization is for the purpose of allowing the aircraft to land at the destination aerodrome.

 

Alternate Aerodrome Requirements

602.122

Except as otherwise authorized by the Minister in an air operator certificate or in a private operator certificate, no pilot-in-command shall operate an aircraft in IFR flight unless the IFR flight plan or IFR flight itinerary that has been filed for the flight pursuant to section 602.73 includes an alternate aerodrome having a landing area suitable for use by that aircraft.

 

Alternate Aerodrome Weather Minima

602.123

No pilot-in-command of an aircraft shall include an alternate aerodrome in an IFR flight plan or IFR flight itinerary unless available weather information indicates that the ceiling and visibility at the alternate aerodrome will, at the expected time of arrival, be at or above the alternate aerodrome weather minima specified in the Canada Air Pilot.

 

Take-off Minima

602.126

(1) No pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in

 

(a)

the air operator certificate where the aircraft is operated in accordance with Part VII;

 

(b)

the private operator certificate where the aircraft is operated in accordance with Subpart 4; or

 

(c)

the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).

 

(2)

For the purposes of subsection (1), the take-off visibility is

 

(a)

the RVR of the runway, if the RVR is reported to be at or above the minimum take-off visibility specified in a document or the manual referred to in subsection (1);

 

(b)

the ground visibility of the aerodrome for the runway, if the RVR

 

(i) is reported to be less than the minimum take-off visibility specified in a document or the manual referred to in subsection (1),

(ii) is reported to be fluctuating above and below the minimum take-off visibility specified in a document or the manual referred to in subsection (1), or

(iii) is not reported; or

(c)

the visibility for the runway as observed by the pilot-in-command, if

 

(i) the RVR is not reported, and

(ii) the ground visibility of the aerodrome is not reported.

Landing Minima

602.128

(1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory.

 

(2)

No pilot-in-command of an IFR aircraft shall, unless the required visual reference necessary to continue the approach to land has been established,

 

(a)

in the case of a CAT I or II precision approach, continue the final approach descent below the decision height; or

 

(b)

in the case of a non-precision approach, descend below the minimum descent altitude.

 

(3)

Where the pilot-in-command of an IFR aircraft conducting an instrument approach does not establish the required visual reference referred to in subsection (2), the pilot-in-command shall initiate a missed approach procedure

 

(a)

in the case of a CAT I or II precision approach, at decision height; and

 

(b)

in the case of a non-precision approach, at the missed approach point.

 

(4)

Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless

 

(a)

the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and

 

(b)

the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).

 

Approach Ban - General

602.129

(1) With respect to an aeroplane, for the purposes of subsection (3), the RVR is below the minimum RVR if

 

(a)

where both RVR "A" and RVR "B" are measured, RVR "A" is less than 1,200 feet and RVR "B" is less than 600 feet; or

 

(b)

where only one of RVR "A" or RVR "B" is measured, the RVR is below 1,200 feet.

 

(2)

With respect to a helicopter, for the purposes of subsection (3), the RVR is below the minimum RVR if

 

(a)

where both RVR "A" and RVR "B" are measured, RVR "A" is less than 1,200 feet; or

 

(b)

where only one of RVR "A" or RVR "B" is measured, the RVR is below 1,200 feet.

 

(3)

Where the RVR is reported to be below the minimum RVR as described in subsection (1) or (2), as applicable, the pilot-in-command of an IFR aircraft conducting an instrument approach shall discontinue the approach unless

 

(a)

when the RVR report is received, the aircraft

 

(i) has passed the outer marker or the fix that serves as the outer marker, and

(ii) is in descent to the runway;

(b)

the aircraft is on a training flight where a landing is not intended, and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or the minimum descent altitude, as appropriate;

 

(c)

the RVR is fluctuating above and below the minimum RVR and the ground visibility of the aerodrome where the runway is located is reported to be at least one-quarter mile; or

 

(d)

the pilot-in-command of the aircraft is conducting a precision approach to CAT III minima.

 

Approach Ban - CAT III

602.130

No pilot-in-command of an IFR aircraft conducting a CAT III precision approach shall continue the approach beyond the outer marker or the fix that serves as the outer marker unless the RVR is at or above the minimum approach RVR specified by the Minister in the Canada Air Pilot.

 

 

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