EXEMPTION FROM PARAGRAPH 602.29(1)(c) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt pilot-in-command of basic ultra-light aeroplanes from the requirements of paragraph 602.29(1)(c) of the Canadian Aviation Regulations (CARs).  This exemption is subject to the following conditions.

Details of paragraph 602.29(1)(c) of the CARs are stipulated in Appendix A to this exemption.

INTERPRETATION

Section 101.01(1) of the CARs states:

"ultra-light aeroplane" - means an advanced ultra-light aeroplane or a basic ultra-light aeroplane; (avion ultra-léger)

• TP 1820E (DAH) provides:

Class E (airspace)* - All high level controlled airspace above FL600 within the SCA, NCA and ACA. Also, low level airways, low level fixed RNAV routes, CAEs, Transition Areas or CZs established without an operating control tower may be classified Class E airspace.

PURPOSE

The purpose of this exemption is to allow the pilot-in-command of a basic ultra-light aeroplane to operate in any other Class E airspace not referred to in paragraphs 602.29(2)(a) or (b) of the CARs as was initially intended in the year 2000.  In particular, this exemption will permit pilots of basic ultra-light aeroplanes engaged in training activities that require altitude, such as stalls, to conduct the activities safely. 

APPLICATION

This exemption applies to pilots-in-command of basic ultra-light aeroplanes operating in Class E airspace.

CONDITIONS

This exemption is subject to the following conditions: 

1. For operation in Class E airspace, the basic ultra-light aeroplane shall be equipped with a portable or fixed altimeter;
2. For operation on a cross-country flight in Class E airspace, the basic ultra-light aeroplane shall be equipped with a portable or fixed magnetic compass or Global Positioning System (GPS) receiver.

VALIDITY

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

1. December 31, 2012 at 23:59 (EST); 
2. the date on which any one 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, modifying the subject-matter specifically addressed in this exemption, 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 the exemption is no longer in the public interest, or that it is likely to affect on aviation safety.

Dated at Ottawa, Ontario, Canada this __8th ____ day of ____June___ 2011, on behalf of the Minister of Transport.

[original signed by]

Martin J. Eley
Director General
Civil Aviation

APPENDIX A

Hang Glider and Ultra-light Aeroplane Operation

602.29 (1) No person shall operate a hang glider or an ultra-light aeroplane

1. at night;
2. in IFR flight;
3. subject to subsections (2) and (3), in “controlled” airspace;
   
   …

(2) A person may operate a hang glider or an ultra-light aeroplane in controlled airspace

1. within five nautical miles from the centre of an airport or heliport or within a control zone of an uncontrolled airport where the person has obtained permission from the airport or heliport operator;
   (amended 2007/06/30; previous version)
2. within a control zone of a controlled airport where the person has obtained an air traffic control clearance by two-way radio voice communication from the air traffic control unit of the airport; or
3. …

(3) …

Date de modification :

2011-06-0