EXEMPTION FROM PARAGRAPH 308.17(b) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt the operators of non-designated airports that are required to provide aircraft emergency intervention services pursuant to Subpart 308 of the Canadian Aviation Regulations (CARs) from the requirements in paragraph 308.17(b) of the CARs, subject to the following conditions.

Paragraph 308.17(b) of the CARs states that the operator of a non-designated airport shall meet the requirements of sections 308.04 to 308.16, effective on the day that is two years after Subpart 308 of the CARs comes into force.

The requirements of the sections 308.04 to 308.17 of the CARs are detailed in Appendix A.

Purpose

The purpose of this exemption is to exempt non-designated airport operators from the requirements stated in paragraph 308.17(b) to provide aircraft emergency intervention services as stated in sections 308.04 to 308.16 of the CARs, with respect to aircraft using the airport.

Application

This exemption applies to operators of non-designated airports that are required to provide aircraft emergency intervention services pursuant to Subpart 308 of the CARs.

Conditions

This exemption shall be subject to the following conditions:

  1. The operator of non-designated airports shall compile monthly statistics setting out the total number of movements at the airport by aircraft referred to in section 308.02 of the CARs;
  2. The operator of non-designated airports shall review, at least once every six months, the statistics for the 12 months preceding the date of the review and determine in accordance with section 308.04 of the CARs whether aircraft emergency intervention is required at the airport;
  3. The operator of non-designated airports shall retain the statistics for five years after the date of the review;
  4. The operator of non-designated airports shall provide the statistics to the Minister upon request;
  5. Starting on January 1st of 2006 at 00:001 (EST), the operator of non-designated airports shall ensure that aircraft emergency intervention is provided at the airport when the monthly statistics show that there were 2 800 or more movements at a non-designated airport by aircraft referred to in section 308.02 of the CARs during the 12 preceding months, by means of
    1. one or more intervenors at the airport; or
    2. firefighters, if an agreement between the operator of the airport and an appropriate municipal or provincial authority requiring a community fire-fighting service to respond to an aircraft emergency at that airport has been signed; and
  6. 60 days prior to the exemption ending date requiring the implementation of aircraft emergency intervention, the operator of non-designated airports shall submit to Transport Canada for approval, a draft Airport Operations Manual containing a detailed description of the aircraft emergency intervention to be provided at the airport.

Validity

This exemption is valid commencing June 19, 2004

 at 00:01 EDT and is in effect until the earliest of the following:

  1. December 31st, 2005 at 23:59 EST;
  2. the date on which any of the conditions set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations, or related standards comes into effect; 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, this 16th day of June, 2004 on behalf of the Minister of Transport.

 

Merlin Preuss
Director General
Civil Aviation

Appendix A

Requirement to Provide Aircraft Emergency Intervention

308.04 When the monthly statistics show that there were 2 800 or more movements at a non-designated airport by aircraft referred to in section 308.02 during the 12 preceding months, the operator of the airport shall ensure that aircraft emergency intervention is provided at the airport by means of

  1. one or more intervenors at the airport; or
  2. firefighters, if an agreement between the operator of the airport and an appropriate municipal or provincial authority requiring a community fire-fighting service to respond to an aircraft emergency at that airport has been signed.

Hours of Provision of Aircraft Emergency Intervention

308.05

 (1) Subject to subsection (2), the operator of a non-designated airport shall, at the beginning of each month and after consultation with the operator of each air transport service that uses the airport, establish the hours during which aircraft emergency intervention is provided for the month and ensure that the hours coincide with the times of the movements at the airport by aircraft referred to in section 308.02.

(2) Subsection (1) does not apply in respect of a movement by aircraft using a non-designated airport

  1. for the purpose of a positioning flight;
  2. for the purpose of a ferry flight;
  3. for the purpose of a cargo-only operation;
  4. for the diversion of a flight; or
  5. as an alternate aerodrome.

Requirements

308.06

 (1) Where aircraft emergency intervention is provided at a non-designated airport by intervenors, the operator of the airport shall ensure that

  1. an intervenor is at the airport during the hours established under section 308.05 for the provision of aircraft emergency intervention;
  2. the extinguishing agents and equipment prescribed in section 308.12 are serviceable and readily available at the airport for use in responding to an alarm; and
  3. an intervenor is able to achieve a response time of five minutes from the time the alarm is sounded to the time the intervenor reaches the midpoint of the farthest runway with the extinguishing agents and equipment prescribed in section 308.12.

(2) Where aircraft emergency intervention is provided at a non-designated airport by a community fire-fighting service, the operator of the airport shall ensure that

  1. a person is at the airport to alert the firefighters if an alarm is sounded during the hours established under section 308.05 for the provision of aircraft emergency intervention; and
  2. the community fire-fighting service
    1. has the extinguishing agents and equipment prescribed in section 308.12 serviceable and readily available for use in responding to an alarm, and
    2. is able to achieve a response time of five minutes from the time the alarm is sounded to the time the firefighters reach the midpoint of the farthest runway with the extinguishing agents and equipment prescribed in section 308.12.

(3) The operator of a non-designated airport shall ensure that the intervenors and firefighters have the communication and alerting system that meets the requirements of section 308.14.

Publication of Aircraft Emergency Intervention Information

308.07

 The operator of a non-designated airport shall ensure that the following information is published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier:

  1. the fact that aircraft emergency intervention is provided at the airport;
  2. the manner in which notice is to be given to the operator of the airport of the schedule of movements by aircraft under section 308.02;
  3. the fact that the operator of the airport may, on request, accept to provide aircraft emergency intervention at that airport in respect of movements by aircraft not referred to in section 308.02 and movements by aircraft outside of the hours established under section 308.05 for the provision of aircraft emergency intervention; and
  4. the manner in which the request referred to in paragraph (c) is to be made.

Contents of the Airport Operation Manual

308.08

 The operator of a non-designated airport shall include in the airport operations manual

  1. a detailed description of the aircraft emergency intervention provided at the airport; and
  2. if an agreement referred to in paragraph 308.04(b) has been signed, a copy of the agreement.

Temporary Exemption

308.09

 (1) The operator of a non-designated airport does not have to meet the requirements of section 308.06 if those requirements cannot be met because

  1. a personnel shortage or unserviceable equipment at the airport or at the site of the community fire-fighting service caused by circumstances beyond the control of the operator of the airport exists and a notification of the condition has been given to the appropriate air traffic control unit or flight service station for publication in a NOTAM; or
  2. the intervenors or the firefighters are already responding to an emergency.

(2) When a condition described in paragraph (1)(a) continues for seven days or more, the operator of a non-designated airport shall, no later than on the seventh day after the onset of the condition,

  1. establish a plan specifying the corrective measures that are necessary to meet the requirements of section 308.06 and the dates by which those measures shall be taken, which dates shall be as early as practicable given the circumstances;
  2. submit the plan to the Minister who shall approve it on determining that the plan contains all measures necessary to ensure aviation safety and the safety of the public; and
  3. implement the measures by the dates specified in the plan.

Authorization Respecting Aircraft Emergency Intervention

308.10

 (1) The Minister may, on application by the operator of a non-designated airport, authorize the operator, in writing, not to provide aircraft emergency intervention at the airport, if that operator demonstrates that the requirement for aircraft emergency intervention is the result of an unusually high number of movements at the airport by aircraft referred to in section 308.02 and that the number of movements by these aircraft during the next year is expected to be less than that set out in section 308.04.

(2) If a written authorization has been issued under subsection (1), the operator of the non-designated airport shall ensure that

  1. notification that aircraft emergency intervention is not provided and the period during which it is not provided is given to the appropriate air traffic control unit or flight service station for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier;
  2. procedures are established for the resumption of aircraft emergency intervention if the reduction in the number of movements by aircraft referred to in section 308.02 at the airport is temporary; and
  3. the procedures for discontinuing the aircraft emergency intervention and the procedures referred to in paragraph (b) are set out in the airport operations manual.

[308.11 reserved]

DIVISION II - EXTINGUISHING AGENTS AND EQUIPMENT FOR AIRCRAFT EMERGENCY INTERVENTION

Extinguishing Agents and Equipment

308.12

 The operator of a non-designated airport shall ensure that the intervenors or the firefighters have the following extinguishing agents and equipment, which shall meet the requirements of section 328.12 of the aircraft emergency intervention standards:

  1. 2 400 litres of water for foam production;
  2. 135 kg of dry chemical extinguishing agent; and
  3. one vehicle capable of transporting and applying the water, foam and dry chemical extinguishing agents.

Equipment and Protective Clothing

308.13

 The operator of a non-designated airport shall ensure that all intervenors are provided with the equipment and protective clothing necessary to perform their duties.

Communication and Alerting System

308.14

 The operator of a non-designated airport shall ensure that the communication and alerting system required by subsection 308.06(3) consists of

  1. a communication system allowing the following to communicate with each other
    1. the air traffic control unit at the airport,
    2. the aircraft emergency intervention vehicles used at the airport, and
    3. any agencies and services identified in the airport emergency plan; and
  2. an alerting system that is capable of alerting the intervenors or the firefighters.

DIVISION III - PERSONNEL REQUIREMENTS

Training of Personnel

308.15

 The operator of a non-designated airport shall ensure that no person is assigned to aircraft emergency intervention who is not an intervenor or a firefighter having successfully completed the training set out in section 328.15 of the aircraft emergency intervention standards.

Training Records

308.16

 The operator of a non-designated airport shall,

  1. where aircraft emergency intervention is provided by intervenors, in respect of each intervenor,
    1. establish and maintain a training record in accordance with section 328.15 of the aircraft emergency intervention standards,
    2. preserve the training record for three years after the day on which the intervenor ceases to be employed as intervenor at the airport, and
    3. at the request of the Minister, provide the Minister with a copy of the training record; or
  2. where an agreement referred to in paragraph 308.04(b) has been signed, ensure that a training record
    1. is established and maintained in accordance with section 328.15 of the aircraft emergency intervention standards in respect of each firefighter, and
    2. is preserved for three years after the day on which the firefighter ceases to be employed as firefighter at the community fire-fighting service.

Transitional Provisions

308.17

 The operator of a non-designated airport shall meet the requirements of

  1. paragraph 308.03(b), effective on the day that is one year after this Subpart comes into force; and
  2. sections 308.04 to 308.16, effective on the day that is two years after this Subpart comes into force.
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