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 affect aviation safety, I hereby exempt Canadian aeroplane operators from Section 723.31 (Air Taxi - aeroplanes) of the Commercial Air Service Standards (CASS), made pursuant to paragraph 703.31(b) of the Canadian Aviation Regulations (CARs). This exemption is subject to the conditions enumerated below.
Section 723.31 of the CASS states that operations specifications for Instrument Flight Rules (IFR) flight where an alternate aerodrome is not designated in the IFR flight plan or in the IFR flight itinerary are not applicable to the operation of aeroplanes.
The purpose of this exemption is to enable Canadian aeroplane operators operating under Subpart 703 of the CARs to conduct IFR flights where an alternate aerodrome is not designated in the IFR flight plan or in the IFR flight itinerary.
This exemption applies to all Canadian aeroplane operators operating under Subpart 703 of the CARs.
This exemption is subject to the following conditions:
- The cruise portion of the flight* shall be conducted wholly within uncontrolled Airspace. (* see appendix A)
- The weather at the aerodrome of departure shall be, in
respect of that aerodrome:
- a reported ceiling of 1000 feet above aerodrome elevation and a visibility of 3 miles or greater; or
- where no weather observation is taken a ceiling of 1000 feet above aerodrome elevation and a visibility of 3 miles or greater as observed by the pilot.
- no fog or other restrictions to visibility, including precipitation, whether forecast or reported, below 3 miles;
- no thunderstorms, whether isolated or otherwise forecast or reported;
- the forecast ceiling shall be no lower than 500 feet above a minimum IFR altitude that will permit a VFR approach and landing; and
- no freezing precipitation whether forecast or reported.
- an operational and suitable runway for a safe landing for the aeroplane type, taking into consideration the approved operational limitations;
- a serviceable communications facility capable of transmitting and receiving on a designated frequency; and
- an observer/communicator scheduled to be on duty from one hour prior to the proposed arrival time through to the actual arrival time of the flight.
- taxi fuel;
- fuel to destination;
- contingency fuel; and
- holding reserve fuel.
This exemption is in effect until the earliest of the following:
- 23:59 EDT on 30 April, 2006;
- the date on which any of the conditions set out in this exemption is breached;
- the date on which the appropriate section of the CASS comes into force;
- 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.
Datedat Ottawa, Ontario, this 24th day of March, 2005 on behalf of the Minister of Transport.
Original signed by Martin Eley (Refer to RDIMS 1128084 for
*Cruise portion of a flightâ€“ means that phase of flight between reaching initial cruise altitude and the beginning of descent at destination.
- Date de modification :