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 Canadian Air Operators operating the green configuration CL-600-2B19 (Bombardier Special Edition (SE) or Challenger 800/850) aeroplane with a maximum of 19 passengers in an “on demand” charter operation, from the requirements of paragraph 704.33(1)(e) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Paragraph 704.33(1)(e) states that “an air operator shall establish procedures to ensure that the flight crew can exercise supervisory control over passengers by visual and aural means.”
The relevant provisions of the CARs and Commercial Air Service Standards (CASS) are detailed in Appendix A of this exemption.
The following words have the same meaning as in section 101.01 of the CARs:
“air transport service” – means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points;
“crew member” – means a person assigned to duty in an aircraft during flight time;
“flight crew member” – means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time.
The following phrase has the same meaning as in Standard 724 – Commuter Operations — Aeroplanes, Division I of the Commercial Air Service Standards (CASS):
“on demand” – means an air transport service where the date, time and place(s) of departure and arrival are negotiated directly between a client and the air operator;
For the purposes of this exemption:
“cabin crew member” – means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aeroplane;
“commercial air service” – means any use of aircraft for hire or reward.
“scheduled air service” – means a publicly available air transport service that provides transportation for passengers between points and serves those points in accordance with a published schedule at a charge per seat.
The purpose of this exemption is to authorize Canadian Air Operators to operate the CL-600‑2B19 aeroplane with a maximum of 19 passengers in an on demand charter operation.
This exemption applies to Canadian Air Operators for the purposes of operating the CL‑600‑2B19 aeroplane under Subpart 704 of the CARs.
Commercial Air Service shall be limited to “on-demand” charter operations.
This exemption must not apply to a “scheduled” air service.
This exemption is subject to the following conditions:
1. The air operator shall assign a cabin crew member to all passenger-carrying flights to fulfill the passenger safety responsibilities under sections 704.33 and 704.34 of the CARs and associated Commercial Air Service Standards (CASS).
2. The pilot-in-command of the aeroplane shall ensure that, prior to each flight or series of flight segments, the crew members of the aeroplane are given a pre-flight briefing that includes the following:
- anticipated weather;
- anticipated flying conditions;
- flight time;
- altitudes; and
- any additional information necessary for the flight including information respecting unserviceable equipment or abnormalities that may affect passengers.
3. No person shall be admitted to the flight deck of the aeroplane other than:
- a flight crew member;
- a crew member performing their duties;
- an inspector referred to in subsection 704.21(1) of the CARs;
- in accordance with the procedures specified in the company operations manual:
- an employee of the air operator who is not a crew member performing their duties; and
- a pilot, flight engineer, flight attendant or cabin crew member employed by a wholly owned subsidiary or a code share partner of the air operator; and
- a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.
4. No person shall operate the aeroplane unless hand-held fire extinguishers meeting the following requirements are carried:
- at least one shall be conveniently located on the flight deck and readily accessible for use by the flight crew members;
- at least one shall be readily accessible for immediate use in each Class A or Class B cargo compartment that is accessible to crew members in flight; and
- if passengers are carried, at least one shall be readily accessible for immediate use in the passenger compartment.
5. No person shall conduct a take-off in the aeroplane unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available
- at the entry into each Class A or B cargo compartment accessible to crew members during flight; and
- at the site of each hand-held fire extinguisher.
6. The air operator shall ensure that when a hand-held fire extinguisher is stowed in a bin or compartment, the bin or compartment shall be clearly marked as containing a hand-held fire extinguisher.
7. The air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection with a confirmed passenger seat in the passenger compartment that is most suitable to perform the inspector’s duties, as determined by the inspector.
8. Each cabin crew member shall, for take-off and landing, occupy a seat in the passenger compartment that meets the following requirements:
- The cabin crew member seat shall:
- be located in the passenger compartment near a required floor level emergency exit or, because of exit type and distribution or the access to the communication system, at some other approved exit;
- to the extent possible, without compromising proximity to a required floor level emergency exit, located to provide a direct view of the cabin area for which the cabin crew member is responsible to exercise aural and visual supervision of the passengers;
- be positioned so that the seat will not interfere with the use of a passageway or exit when the seat is not in use;
- be equipped with a restraint system consisting of a combined safety belt and shoulder harness unit;
- provide access to the communication system when the cabin crew member is seated; and
- be located to minimize the probability that occupants would suffer injury by being struck by items dislodged from service areas, stowage compartments, or service equipment. Secondary latching mechanisms shall be used to prevent items from being dislodged.
- The aeroplane shall be equipped with either a forward or rearward facing seat designed to at least the inertial load factors established under the original type certification basis of the aeroplane. The seat shall provide an energy absorbing rest to support the arms, shoulders, head, and spine.
- There shall be means to secure each restraint system when not in use to prevent interference with rapid egress in an emergency.
- The selection of the cabin crew member seat shall consider the air operator’s emergency procedures for the aeroplane type/model as well as conditions imposed during the original type certification of the aeroplane.
9. No person shall operate the aeroplane unless the aeroplane is equipped with:
- a placard on each door that provides passenger access to a passenger emergency exit, stating that the door must be secured or locked open during take-off and landing; and
- a means for the crew, in an emergency, to unlock each door that leads to a compartment that is normally accessible to passengers and that can be locked by passengers.
10. No person shall operate the aeroplane unless:
- a readily visible sign that clearly displays a symbol indicating that smoking is prohibited or the words “No Smoking” and “Défense de fumer” is installed above the door handle on both sides of the door to each lavatory in the aeroplane;
- a readily visible sign that clearly displays a symbol indicating that cigarette disposal is prohibited or the words “No Cigarette Disposal” and “Défense de jeter des cigarettes” is installed adjacent to the opening of each waste disposal receptacle that is located in a lavatory in the aeroplane; and
- a self-contained, removable ashtray is installed on or near the outside of the door to each lavatory in the aeroplane or in some other location or locations where it is readily visible to the users of each lavatory from outside the lavatory.
11. No person shall operate the aeroplane with passengers on board unless the aeroplane is equipped with an interphone system that:
- can be operated independently of the public address system, except for handsets, headsets, microphones, selector switches and signalling devices;
- provides a means of two-way communication between the flight deck compartment and each passenger compartment;
- is accessible for immediate use from each crew member station in the flight deck compartment; and
- is accessible for use from the cabin crew member seat.
12. No person shall operate the aeroplane with passengers on board unless the aeroplane is equipped with a public address system that:
- can be operated independently of the interphone system, except for handsets, headsets, microphones, selector switches and signalling devices;
- is accessible for immediate use from each crew member station in the flight deck compartment;
- has a microphone that is readily accessible to the seated cabin crew member;
- is capable of operation within 10 seconds from the time a microphone is removed from its stowage; and
- is intelligible at all passenger seats, lavatories and cabin crew member seats and work stations.
13. Despite condition 12(c), where the cabin crew member can communicate orally with all passengers, no public address system access is required for the cabin crew member.
14. No person shall operate the aeroplane above flight level FL250 unless:
- portable oxygen equipment for use following a decompression is immediately available to each cabin crew member; and
- the oxygen dispensing unit is connected to the portable oxygen supply.
15. The air operator shall not permit a person to act — and no person shall act — as a cabin crew member on board the aeroplane unless the person has successfully completed the air operator’s training program as set out in conditions 16 and 17 or equivalent training that meets the requirements of condition 18.
16. The air operator shall establish and maintain a training program in respect of cabin crew members that is approved by the Minister in accordance with section 704.115 of the CARs and in accordance with the elements of the TP12296, Flight Attendant Training Standard – Initial as set out in Appendix B.
17. The air operator shall provide crew resource management (CRM) training in accordance with the following:
- Initial training is required for all crew members and shall cover the subjects in both paragraphs (a) and (b):
- attitudes and behaviours;
- communication skills;
- problem solving;
- human factors;
- conflict resolution;
- decision making;
- team building and maintenance; and
- workload management.
- Annual training in safety and emergency procedures shall include joint participation of flight crew members and cabin crew members and cover the following items:
- relationship of crew members;
- review of accidents/incidents of air operators;
- presentation and discussion of selected coordinated emergency procedures (practice of crew resource management skills); and
- crew member evacuation drills, including debriefing.
18. A person who will act as a cabin crew member for the air operator, and who has received crew member training under the ground and flight training program of another air operator or private operator, may use that training to meet the equivalent training required under this exemption if:
- the training received by the person is in respect of the aeroplane type that the person will operate;
- the validity period, if any, of that training has not expired; and
- the air operator provides the person with training in:
- the processes, practices and procedures set out in the air operator’s company operations manual;
- the differences in installed equipment and operational procedures; and
- the air operator’s emergency procedures for the aeroplane in respect of which the person will be assigned duties.
19. A copy of this exemption shall be carried on board the aeroplane at all times.
This exemption is valid until the earliest of:
- February 28th, 2018 at 23:59 EST;
- the date on which any of the conditions set out in this exemption is breached; or
- 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 that it is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada on this 8th day of July, 2015, on behalf of the Minister of Transport.
“Original signed by David Salisbury (for)”
Director General, Aviation Safety Oversight and Transformation
Relevant provisions of the Canadian Aviation Regulations
(1) In these Regulations:
“air transport service” – means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points; (service de transport aérien)
“crew member” – means a person assigned to duty in an aircraft during flight time; (membre d’équipage)
“flight attendant” – means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft; (agent de bord)
“flight crew member” means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time; (membre d’équipage de conduite)
This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:
(a) a multi-engined aeroplane that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of 10 to 19 inclusive;
(b) a turbo-jet-powered aeroplane that has a maximum zero fuel weight of 22 680 kg (50,000 pounds) or less and for which a Canadian type certificate has been issued authorizing the transport of not more than 19 passengers;
(b.1) a multi-engined helicopter with a seating configuration, excluding pilot seats, of 10 to 19 inclusive, unless it is certified for operation with one pilot and operated under VFR; and
(c) any aircraft that is authorized by the Minister to be operated under this Subpart.
704.33 Apron and Cabin Safety Procedures
(1) An air operator shall establish procedures to ensure that
(a) passengers move on the apron and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;
(b) all passengers are seated and secured in accordance with subsection 605.26(1);
(c) subject to subsection (2), the back of each seat is in the upright position and all chair tables are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft;
(d) seats located at emergency exits are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation; and
(e) the flight crew can exercise supervisory control over passengers by visual and aural means.
Relevant provisions of the Commercial Air Service Standards
Standard 724 – Commuter Operations – Aeroplanes – Definitions
The words and expressions used in these Standards have the same meaning as in the General Provisions Part I of the Canadian Aviation Regulations with the following additions:
“on demand” – means an air transport service where the date, time and place(s) of departure and arrival are negotiated directly between a client and the air operator. (à la demande)
TP12296, Flight Attendant Training Standard
Initial – Part One – Aviation Indoctrination
- 1.2 Regulatory Overview
Initial – Part Two – Roles and Responsibilities
- 2.1 Air Operator;
- 2.2 Crew Members;
- 2.3 Transport Canada – Aviation Inspectors
Initial – Part Three – Safety Procedures
- 3.1 Crew Coordination
- 3.2 Communication
- 3.3 Surface Contamination
- 3.4 Briefings
- 3.5 Safety Checks
- 3.6 Passenger Handling
- 3.7 Passenger and Crew Member Seats and Restraints
- 3.8A.1 – 3.8A.4 Passenger Carry-On Baggage
- 3.9 Electronic Devices
- 3.10 Service to Passengers on the Ground
- 3.11 Fuelling with Passengers Onboard
- 3.12 Pre-Take Off and Pre-Landing
- 3.14 Apron Safety
- 3.15 Turbulence
- 3.16 Crew Member Incapacitation
- 3.17A.1, 3.17A.3 – 3.17A.4 Flight Deck Protocol
- 3.20 Oxygen Administration
Initial – Part Four – Emergency Procedures
- 4.1 Firefighting
- 4.2 Smoke/Fumes in the Cabin
- 4.3 Rapid Decompression and Cabin Pressurization Problems
- 4.4 Evacuations
Initial – Part Five – Emergency Equipment
- 5.1 Equipment Overview
Initial – Part Six – Aircraft Specific
- 6.1 Physical Description
- 6.2 Galleys
- 6.3 Communication Systems
- 6.4 Lighting Systems
- 6.5 Water and Waste Systems
- 6.6 Oxygen Systems
- 6.8 Exits
- 6.9 Unique Features
Initial – Part Seven – Drills
- 7.1 Public Address and Interphone System Drills
- 7.2 Passenger Briefing Drills
- 7.3 Aircraft Exit Operation Drills (cabin window exit to be removed and correctly stowed during initial and once every third annual training year)
- 7.4 Evacuation Drills
- 7.5 Raft Drill (during initial and once every third annual training year)
- 7.6 Life Preserver Drill (inflate life preserver during initial training)
- 7.8 Fire Fighting Drills (live fire fighting during initial and once every third annual training year)
- 7.9 Oxygen Equipment Drill
- Date de modification :