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 Air Canada, P.O. Box 14000, Saint-Laurent, Québec, H4Y 1H4, from the requirement of paragraph 725.40(2)(o) of the Commercial Air Service Standards (CASS) made pursuant to subsection 705.40(3) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Subsection 705.40(3) of the CARs states that “no air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual”.
Paragraph 725.40(2)(o) of the CASS states that aeroplanes may be fuelled with passengers embarking, disembarking, or on board under the following conditions: for aeroplanes requiring a minimum cabin crew of more than one, at least the minimum number of flight attendants for the aeroplane type or the number of passengers on board, whichever is greater, are on board and positioned at or near each designated evacuation exit during fuelling. Flight attendants may be replaced by an equivalent number of other staff provided that they have successfully completed the air operator's approved emergency evacuation procedures training for that aeroplane type.
This exemption authorizes Air Canada to let one flight attendant to disembark the aeroplane during refuelling with passengers onboard, for the purpose of using the bridge phone for communication with ground, maintenance and fuelling personnel without being replaced by another flight attendant.
This exemption is applicable only to Air Canada while the aeroplane is being refuelled with passengers onboard and only for the purpose of using the bridge phone for communication with ground, maintenance and fuelling personnel.
This exemption is subject to the following conditions:
- Air Canada shall ensure the flight attendant using the phone on the bridge advises all other flight attendants and flight crew members, if applicable, that he or she is exiting the aeroplane for the purpose of using the bridge phone and advises all other flight attendants of his or her return onboard the aeroplane;
- Air Canada shall ensure the flight attendant using the phone on the bridge remains at or near the designated evacuation exit during the fuelling process;
- Air Canada shall ensure the flight attendant stays onboard during the fuelling process when passengers are embarking or disembarking the aeroplane;
- Air Canada shall amend its flight attendant manual and training programs to include the contents of conditions 1, 2 and 3 above; and
- Prior to exercising the privileges of this exemption, Air Canada shall submit its amended flight attendant manual and training programs for approval in accordance with paragraph 705.124(1)(b) and section 705.135 of the CARs.
This exemption is in effect until the earliest of the following:
- January, 15, 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 15th day of January 2015, on behalf of the Minister of Transport.
“Original signed by”
Director, National Operations
- Date de modification :