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 adversely affect aviation safety, I hereby exempt Air Canada, PO Box 9000, Station Airport, Dorval, Quebec, H4Y 1C2 from paragraph 507.02(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 507.02 (b) of the CARs stipulates that “where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a certificate of airworthiness in respect of an aircraft […] (b) that conforms to its certified type design.


The purpose of this exemption is to address the current configuration of one Airbus Aircraft A321, to be temporarily operated by Air Canada without the installation of a heated cargo drainage system, defined as modification 26938 and as required in Transport Canada Type Certificate Data Sheet A-166.


This exemption applies only to aircraft type A321-211, bearing Canadian registration marks C-FGKN, manufacturer serial number 3051, when operated by Air Canada.


The exemption is subject to the following conditions:

  1. This exemption is conditional to the continuing ownership and direct operation of the subject aircraft by Air Canada.
  2. Air Canada shall maintain the subject aircraft on a Transport Canada-approved maintenance schedule.
  3. Air Canada shall ensure that the following measures are incorporated into the Air Canada Maintenance Program in order to prevent excessive ice formation and/or accumulation in the lower fuselage area under the forward and aft cargo compartments, starting on October 1, 2015:
    1. EVERY TWO-DAY CHECK (48 Hours, calendar time)
      Ensure snow and ice are swept out of the forward and aft cargo compartments and the drains located in each cargo compartment are clean, and
    2. EVERY WEEKLY CHECK (7 calendar days)
      Remove one floor panel from each forward and aft cargo compartments per AMM task 12-31-51-660-051and check for ice formation. If ice is found, put the aircraft in a warm hangar (or leave it outside if temperature is above freezing point) with cargo doors open until ice melts down completely and water flows out through the fuselage drain valves. Reinstall floor panels per AMM task 53-42-14-660-001
  4. Air Canada shall ensure that the subject aircraft complies with the requirements of any embodied Transport Canada-approved or accepted design change. Any design change to be embodied on the subject aircraft shall be established by a competent person, to be compatible with any of the limits authorized by this exemption and not to adversely affect the airworthiness of the modified aircraft.
  5. Air Canada shall ensure that a copy of this exemption is kept in the subject aircraft technical file.
  6. Air Canada shall ensure that appropriate entries to identify this exemption are made in the subject aircraft journey logbook and technical file.
  7. This exemption does not constitute and shall not be used as basis for an airworthiness approval of the current modifications embodied on the subject aircraft.


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

  1. December 31, 2015 at 23:59 EST;
  2. the date on which the installation of heated cargo drainage system, modification 26938 occurs on the subject aircraft;
  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 she is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 22nd day of May, 2015, on behalf of the Minister of Transport.

“Original signed by”

Martin J. Eley
Director General
Transport Canada Civil Aviation

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