EXEMPTION FROM PARAGRAPH 602.26(a) AND SECTION 603.37 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt a person conducting a parachute descent and a pilot-in-command of an aircraft operated for the purpose of conducting a parachute descent in or into controlled airspace or an air route, from the requirements set out in paragraph 602.26(a) and section 603.37 of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 602.26(a) requires that except where permitted in accordance with section 603.37, no pilot-in-command of an aircraft shall permit, and no person shall conduct a parachute descent from the aircraft in or into controlled airspace or an air route.

Section 603.37 requires for the purposes of section 602.26, that a pilot-in-command may permit and a person may conduct a parachute descent if the person complies with the provisions of special flight operations certificate - parachuting issued by the Minister pursuant to section 603.38.

PURPOSE & APPLICATION

The purpose of this exemption is to permit parachute descents in or into controlled airspace or air routes without requiring a special flight operations certificate.

This exemption applies to persons conducting parachute descents and pilots-in-command of aircraft operated for the purpose of conducting parachute descents.

CONDITIONS

This exemption is subject to the following conditions:

1. The person conducting a parachute descent and the pilot-in-command of the aircraft shall
   1. be aware of their duties and responsibilities associated with the parachute descent; and
   2. be capable of carrying out any such duties and responsibilities.
2. The person conducting a parachute descent and the pilot-in-command of the aircraft shall not conduct the parachute descent
   1. in a manner that creates a hazard to other airspace users or to persons or property on the ground;
   2. in wind speeds that exceed the maximum published by the manufacturer of the parachute being used for the descent;
   3. through clouds for any part of the parachute descent, including free-fall;
   4. unless a wind drift indicator drop or other wind drift procedure has been conducted within one hour prior to the commencement of the parachute descent;
   5. where the proposed parachute descent is to take place at an airport, unless the airport manager has been advised of the proposed parachute descent and has no objection;
   6. where the proposed parachute descent is to take place at an aerodrome other than an airport, unless the aerodrome operator has been advised of the proposed parachute descent and has no objection;
   7. where the proposed parachute descent is to take place onto private property, unless the landowner or tenants have been advised of the proposed parachute descent and have no objection; and
   8. where the intended parachute landing area is within 1 kilometre of open water, unless the person conducting the parachute descent wears a personal flotation device capable of supporting that person and his or her equipment.
3. The person conducting a parachute descent and the pilot-in-command of the aircraft shall not conduct a parachute descent at night unless:
   1. the person conducting the parachute descent is equipped with a steady or flashing light visible through 360 degrees;
   2. the parachute landing area is illuminated in a manner that enables the pilot-in-command of the aircraft and the person conducting the parachute descent to clearly identify the landing area from the maximum altitude established for the parachute descent; and
   3. the parachute landing area is clearly visible to the pilot-in-command of the aircraft and to the person conducting the parachute descent.
4. The person conducting a parachute descent and the pilot-in-command of the aircraft shall not permit a parachute descent to be initiated in uncontrolled airspace that will enter controlled airspace or an air route unless:
   1. the parachute operator has notified the ATC facility or FSS responsible for the airspace in which the proposed parachute descent is to take place;
   2. the aircraft is equipped with a two-way radio capable of broadcasting and obtaining traffic advisories on frequencies appropriate to the airspace; and
   3. the pilot-in-command broadcasts an advisory containing all the pertinent information relating to the parachute descent being carried out prior to any parachute descent being initiated.
5. The pilot-in-command of the aircraft shall not permit a person to conduct a parachute descent into or in Class A, B, or C unless:
   1. there is prior co-ordination between the pilot-in-command and the air traffic control unit providing air traffic control service in that airspace; and
   2. the pilot-in-command complies with air traffic control instructions and clearances.
6. The pilot-in-command of the aircraft shall not permit a person to make a parachute descent into or in controlled class D or E airspace unless there is prior co-ordination between the pilot-in-command and the air traffic control unit providing air traffic control service in that airspace.

VALIDITY

This exemption comes into effect on April 1, 2006 at 00:00 EST and is in effect until the earliest of the following:

1. the date on which the regulation which amends paragraph 602.26(a),  section 603.37 and other related sections of the Canadian Aviation Regulations  comes into effect;
2. the date on which any condition set out in this exemption is breached; or
3. 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, Canada, this 16th day of March 2006, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-06-0