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 air operators and flight crewmembers, operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), from the requirements set out in Paragraph 705.76 (e) of the (CARs), subject to the following conditions.

Paragraph 705.76(e) of the CARs states that no person shall operate an aircraft unless a self-contained, removable ashtray is installed on or near the outside of the door to each lavatory in the aircraft or in some other location or locations where it is readily visible to the users of each lavatory from outside the lavatory.


The purpose of this exemption is to permit air operators and flight crewmembers, to operate an aircraft that is missing an ashtray as required by paragraph 705.76(e) of the CARs, subject to the limitations of this exemption and the Master Minimum Equipment List (MMEL) for the aircraft.


This exemption applies to Canadian air operators and flight crewmembers, operating under Subpart 5 of Part VII of the CARs.


This exemption is subject to the following conditions:

  1. The air operator’s approved Minimum Equipment List (MEL) for the aircraft shall have been amended to include relief for the absence of a single lavatory door ashtray as stated in the MMEL;

  2. Operation of the aircraft, with a missing ashtray, shall be conducted in accordance with the provisions of the MEL;

  3. On aircraft equipped with only one lavatory door ashtray, air operators shall provide an alternate method of cigarette disposal for all flights conducted under this exemption;

  4. Self extension of MEL relief shall not be permitted for this item.


This exemption is in effect until the earliest of:

  1. 23:59 EDT on July 31, 2004;

  2. The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect;

  3. The date on which any of the conditions 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 it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 22nd day of April 2003, on behalf of the Minister of Transport.

Hardcopy Signed by Merlin Preuss

Merlin Preuss
Director General
Civil Aviation


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