Exemption from Paragraph 605.84(1)(B) of the Canadian Aviation Regulations


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 all Helicopter External Transport System (HETS) users conducting or permitting a take-off in an aircraft that does not meet Part I, Paragraph (B) of Airworthiness Directive (AD) CF-2014-26 from the requirements set out in paragraph 605.84(1)(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 605.84(1)(b) is reproduced in Appendix A.


The purpose of this exemption is to provide relief against paragraph 605.84(1)(b) of the Canadian Aviation Regulations permitting all Helicopter External Transport System (HETS) users to conduct or permit a take-off in an aircraft that does not meet the requirements of Part I, Paragraph (B) of AD CF-2014-26.


All references to “HETS components” apply only to those manufactured prior to 1 January 2013.


This exemption is subject to the following conditions:

a. General Conditions for all Kits:

  1. Within 30 days from the effective date of this exemption, or 50 hours / 75 lift cycles usage since the previous inspection, whichever occurs first, carry out an inspection of the HETS components by an appropriately-rated AMO in accordance with the applicable Emergco ICA listed in Table 1 of the AD. Thereafter, repeat the inspection at intervals not to exceed 50 hours or 75 lift cycles usage. If any discrepancy is found during the inspection, replace each discrepant HETS component with a serviceable component prior to returning the HETS to service.
  2. To remain in use, HETS components with time-since-manufacture exceeding the time between overhaul (TBO) calendar times specified in Emergco Overhaul Schedule document OHR-HETS-100-00-00 revision NI, dated 31 March 2014, shall:
    1. have been overhauled by the manufacturer on or after 1 January 2013; or
    2. have been overhauled by the manufacturer prior to 1 January 2013 and have had a conformity inspection done on or after 1 January 2013 using the applicable drawings listed in TCCA approved Bellis Investments Ltd. Master Drawing List D191M-96-50 Revision F, having an approval date of 04 January 2002, or later revisions approved by TCCA.
  3. Except as authorised in paragraph 4 (below), all HETS users shall use Emergco HETS components for RESCUE or FIRE ATTACK purpose only. FIRE ATTACK consists only of fire attack crew insertion and extraction.
  4. Emergco HETS components may be used for RESCUE or FIRE ATTACK TRAINING, only for the purpose of maintaining minimum required currency. During training with HETS components, transport of human external cargo (HEC) shall be minimized in favor of non-human representative loads. Minimize HEC transport by conducting ground-based training and non-human external cargo (NHEC) flights using representative “dummy” loads where possible to maintain minimum pilot/HETS technician currency. If required to maintain currency, HEC flight time shall be minimized in accordance with paragraph 5 (below).
  5. All HETS users shall minimize flight time with HEC using HETS components. This shall be accomplished by locating staging area(s) in the closest possible proximity to HEC insertion/extraction site(s), and flying between the areas/sites in the most direct manner possible. The decision to locate staging area(s) relative to HEC insertion/extraction site(s), and to execute the most direct flight path, shall be documented by both the incident commander (or equivalent person) or training coordinator, and the flight crew. This documentation must be retained in the technical record of the helicopter. During training, maximum flight time per lift cycle shall be 5 minutes.
  6. No user shall use HETS components in the presence of extreme heat or fire.
  7. Prior to conducting a HETS rescue or fire attack mission, the incident commander (or equivalent person) shall have documented a decision ruling out all other forms of rescue or insertion and extraction. The documentation of the decision must be retained in the technical record of the helicopter.
  8. Users of this exemption shall have a copy of this exemption attached to the limitation section of the rotorcraft flight manual (RFM).
  9. Users of this exemption shall comply with all requirements of AD CF-2014-26, except for the compliance deadline, as authorized in this exemption.
  10. Carry a copy of this exemption on board the rotorcraft during all flight operations.11. Each HETS user shall notify TCCA via email to Michael.Chan@tc.gc.ca, Regional Engineer, Aircraft Certification, Pacific Region, prior to making use of this exemption for the first time. HETS users who previously notified TCCA of their use of Exemption NCR 070-2015 are exempt from this condition.

b. Conditions for Configuration B Kits:

  1. Prior to conducting a HETS mission, a terrain assessment or reconnaissance flight shall be conducted identifying potential hazards including entanglement. The flight crew shall be made aware of the presence of such hazards, and shall avoid them in flight.
  2. During the PRE-FLIGHT check, the pilot or essential crew person shall validate proper functioning of the remote safety hook (RSH) by conducting TWICE, the following Configuration B steps contained in the applicable Emergco Flight Manual Supplement listed in Table 2 of the AD:
    1. Airbus Helicopters models: Steps 6 through 9;
    2. Bell Helicopter models: Steps 3 through 6;
    3. MD Helicopter models: Steps 6 through 9.
  3. HETS personnel shall have ready access to a TCCA-approved quick release mechanism or carry a personal cutter or knife, designed specifically to cut through rope or webbing, for emergency release purposes and be trained for its use. Prior to conducting HETS missions under this exemption, each HETS technician shall provide the operator with a written statement that he is aware of the RSH’s lack of a backup quick release system, and that he is trained and able to effect his own release, and the release of the HEC patient, in an emergency using either the approved quick release mechanism or a knife/cutter, as applicable.  The written statement from each HETS technician shall be retained in the helicopter technical record for the duration of the exemption.
  4. In the event the remote safety hook’s quick release system fails in an emergency, the pilot or essential crew person shall communicate the failure to HETS personnel and authorize use of his/her personal cutter or quick release mechanism.


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

  1. February 28, 2017 at 23:59 (PDT);
  2. the date on which the operator takes delivery of approved equipment that is not affected by AD CF-2014-26 Part I paragraph B;
  3. the date on which any condition set out in this exemption is breached; or
  4. the date on which this exemption is canceled in writing by the Minister where he 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 this 24th day of August, 2016 on behalf of the Minister of Transport.

“Original signed by Robert Sincennes (for)”

Aaron McCrorie,
Director General, Aviation Safety Regulatory Framework
Civil Aviation

Appendix A

Division III — Aircraft Maintenance Requirements

Aircraft Maintenance — General

605.84 (1) Subject to subsections (3) and (4), no person shall conduct a take-off or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the aircraft

  1. is maintained in accordance with any airworthiness limitations applicable to the aircraft type design;
  2. meets the requirements of any airworthiness directive issued under section 521.427; and
  3. except as provided in subsection (2), meets the requirements of any notices that are equivalent to airworthiness directives and that are issued by
    1. the competent authority of the foreign state that, at the time the notice was issued, is responsible for the type certification of the aircraft, engine, propeller or appliance, or
    2. for an aeronautical product in respect of which no type certificate has been issued, the competent authority of the foreign state that manufactured the aeronautical product.

(2) In the case of a conflict between an airworthiness directive issued by the Minister under section 521.427 and a foreign notice, the airworthiness directive prevails.

(3) The Minister shall exempt the owner of a Canadian aircraft from the requirement to comply with all or part of an airworthiness directive, subject to appropriate conditions relating to aviation safety, as specified in Appendix H of the Aircraft Equipment and Maintenance Standards, where the owner demonstrates to the Minister that

  1. under circumstances specified in the exemption request, compliance is impractical or unnecessary; and
  2. the exemption will provide a level of safety that is equivalent to that required by the airworthiness directive.

(4) The Minister shall approve an alternative means of compliance with an airworthiness directive, for reasons set out in the approval, where the Minister is satisfied that the proposed alternative will maintain the level of safety that is provided for by the compliance time, the modification, the restriction, the replacement, the special inspection or the procedure set out in the airworthiness directive.

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