EXEMPTION TO PARAGRAPH 705.104(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 affect aviation safety, I hereby exempt Trans Capital Air Ltd. of Toronto City Centre Airport, Hangar 1, Toronto, ON, M5V 1A1, from the requirements of paragraph 705.104(1)(b) of the Canadian Aviation Regulations which states that no operator shall operate an aircraft with 41 to 80 passengers on board unless the crew includes at least two flight attendants.

Purpose

The purpose of this exemption is to allow Trans Capital Air Ltd. to carry up to 50 passengers with only one flight attendant on board.

Application

This exemption applies to deHavilland Dash 7 aircraft, operated by Trans Capital Air Ltd. under Air Operator Certificate No. 8051, registrations C-GGXS, C-FWYU and C-GLPP only.

Conditions

  1. the aeroplane is configured for 50 or less passenger seats;
  2. the aeroplane meets the requirements of FAR 25.785, 25.787,25.793, and 25.853 to Amendment 25-51 or later;
  3. The public address system and the crew interphone system at the approved flight attendant take-off and landing station referenced in (5) is serviceable;
  4. Emergency and normal procedures in the flight attendant manual clearly reflect the differences when one flight attendant is carried and when more than one flight attendant is carried;
  5. The flight attendant is assigned to occupy the approved flight attendant take-off and landing station located near a floor level exit;
  6. The aircraft is to be configured in an all passenger configuration and cannot be configured where the cargo is between the flight deck and the only flight attendant;
  7. A copy of this exemption must be carried in the aircraft journey log.

Validity

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

  1. July 21, 2005 at 23:59 EDT;
  2. the date on which any of the foregoing conditions is breached;
  3. the date on which this exemption is cancelled in writing by the Minister, where he/she is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at Toronto, Canada this 23rd day of January, 2004 on behalf of the Minister of Transport.

Michael R. Stephenson
Regional Director
Civil Aviation
Ontario Region
for the Minister Of Transport

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