NCR-010-2020
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 or security, I hereby exempt all helicopter operators and their flight crew members operating a helicopter offshore from the requirements set out in paragraphs 602.63(7)(a)(c) and section 602.66 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
The above-mentioned provisions are reproduced in Appendix A.
Purpose
This exemption enables air operators and their flight crew members to transport passengers, who are not wearing a helicopter passenger transportation suit and or not provided with an Emergency Underwater Breathing Apparatus (EUBA), to or from an offshore location, if the flight is required for emergency, medical or lifesaving purposes.
Application
This exemption applies to all helicopter operators and their flight crew members that conduct offshore operations flights to and from Canada.
Conditions
This exemption is subject to the following conditions:
1. The helicopter type used shall be type certificated as Transport Category A rotorcraft;
2. The flight shall be in support of the transportation of a passenger(s) for emergency, medical or lifesaving purposes;
3. This exemption shall only be exercised if there is insufficient time prior to the flight to acquire a suitable helicopter passenger transportation suit and or EUBA for the passenger(s), or provide the required EUBA training, or if there is a medical reason that prevents the passenger(s) from wearing the helicopter passenger transportation suit and or EUBA;
4. A passenger(s) that is not wearing a helicopter passenger transportation suit shall be provided with a life preserver and directed to wear the life preserver for the duration of the flight if they are physically and medically able to do so. If the life preserver is capable of supporting the carriage of a EUBA and the passenger(s) has the required EUBA training, a EUBA shall be provided unless there is a medical reason that prevents its use or there is insufficient time prior to the flight to acquire the EUBA;
5. There shall be a crew member in the cabin area for the duration of the flight who is trained for and capable of assisting the passenger(s) with an emergency evacuation in the event that the helicopter ditches in water; and
6. Air service providers shall keep a record of every time the exemption is used and the circumstances why.
Validity
This exemption is in effect until the earliest of the following:
- (a) April 30, 2025, at 23:59 EDT;
- (b) The date on which an amendment to the CARs or related standards, modifying the subject-matter specifically addressed in this exemption, comes into effect;
- (c) the date on which any condition set out in this exemption is breached; or
- (d) the date on which this 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 adversely affect aviation safety or security.
DATED at Ottawa, Ontario, this 1st day of May, 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
Life Rafts and Survival Equipment — Flights over Water
602.63(7) Where a helicopter is required to carry life rafts pursuant to subsection (4) or (5), no person shall operate the helicopter over water having a temperature of less than 10°C unless
- (a) a helicopter passenger transportation suit system that conforms to paragraph 551.407(c) of the Airworthiness Manual is provided for each passenger on board;
- (b) a helicopter crew member transportation suit system is provided for each crew member on board; and
- (c) the pilot-in-command directs all persons on board to wear their helicopter transportation suit system.
Emergency Underwater Breathing Apparatus (EUBA)
602.66(1) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters unless
- (a) a EUBA is provided for each person on board;
- (b) each EUBA
- (i) is readily accessible for immediate use in the event of a ditching,
- (ii) can be donned quickly,
- (iii) provides a supplemental air supply that is effective to a depth of at least 3.6 m, and
- (iv) is not likely to pose a snagging risk during an evacuation of the helicopter; and
- (c) each person on board has, in the 36-month period preceding the flight, received EUBA training that
- (i) is specific to the type of EUBA provided,
- (ii) includes classroom theory training on the use of the EUBA and its limits and hazards, and
- (iii) includes practical pool training that simulates the evacuation of a helicopter that has overturned or is sinking after a ditching.
- (2) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of 10°C or more unless the EUBA that is provided for a person under subsection (1) is attached to the life preserver, individual flotation device or personal flotation device that is carried on board the helicopter for that person.
- (3) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of less than 10°C unless the EUBA that is provided for a person under subsection (1)
- (a) is in a pocket or pouch that is part of the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system;
- (b) is in a pouch that is worn with the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system; or
- (c) is attached to the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system.