EXEMPTION FROM PARAGRAPHS 602.07(a) and (b) of the CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautical 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 all persons operating an aircraft from the requirements of paragraphs 602.07(a) and (b) of the Canadian Aviation Regulations (CARs) subject to the conditions of this exemption.

Paragraph 602.07(a)

states that no person shall operate an aircraft unless it is operated in accordance with the operating limitations set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness.

Paragraph 602.07(b)

states that no person shall operate an aircraft unless it is operated in accordance with the operating limitations set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII.

Purpose

The purpose of this exemption is to permit all persons operating an aircraft to take credit for GPS-based approaches when selecting an alternate aerodrome as part of a flight plan, as permitted through Aeronautical Information Circular (AIC) 12/04 paragraph 3.3.4 (Taking credit for a GPS approach at an alternate aerodrome), where persons operating an aircraft may have restrictions against taking credit for GPS-based approaches at an alternate aerodrome set out in the Aircraft Flight Manual or in another applicable document.

Application

This exemption applies to all persons operating an aircraft when selecting an alternate aerodrome as part of a flight plan in accordance with AIC 12/04 paragraph 3.3.4 (Taking credit for a GPS approach at an alternate aerodrome).

Conditions

This exemption is subject to the following conditions:

1. No person operating an aircraft shall take credit for GPS stand-alone or GPS overlay approaches at that aerodrome when determining weather minima requirements at an alternate aerodrome, except as described in condition #2 of these conditions;
2. All persons operating an aircraft may take credit for a GPS approach at an alternate aerodrome when all of the following conditions are met:
   1. a useable approach at the destination is served by a functioning useable traditional aid. This approach must be completely independent of GPS. (Note that this precludes GPS in lieu of ground-based aids credit);
   2. the pilot or operator determines that approach-level RAIM will be available at the alternate aerodrome at the expected time of arrival, using methods that take account of predicted satellite outages; and
   3. for TSO C129/C129a avionics, periodically during the flight, and at least once before the mid-point of the flight to destination, the pilot uses the avionics to perform a RAIM prediction for the alternate aerodrome at the expected time of arrival. If an in-flight prediction indicates that approach level RAIM will not be available at the alternate, the pilot should plan accordingly. (In-flight predictions are not required for TSO C145/145a/146/146a avionics.)

Validity

The exemption will take effect on April 1, 2005 until the earliest of the following:

1. EST October 31, 2010

the date on which any condition set out in this exemption is breached;

the date on which an amendment to the CARs and related standards comes into effect; or

the date on which the exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 4^th day of April 2005, on behalf of the Minister of Transport

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2005-04-1