EXEMPTION IN PART FROM DIVISION II AND FROM THE REQUIREMENTS OF ALL OF DIVISIONS V, VII, IX, X, XI AND XII OF SUBPART 4 OF PART VI 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 adversely affect aviation safety, I hereby exempt persons that, prior to May 30, 2014, were operating a turbine-powered pressurized aeroplane certificated for more than six passenger seats that was not the subject of a Temporary Private Operator Certificate (TPOC) and that was not a large aeroplane or a turbo-jet powered aeroplane from the requirements of Division II – Flight Operations except for the requirements of sections 604.26 (Designation of Pilot-in-command and Second-in-command) and 604.28 (Instrument Approaches — Landing), and from the requirements of all of Division V – Flight Operations – Passengers, Division VII – Emergency Equipment, Division IX – Personnel Requirements, Division X – Training Program, Division XI – Operations Manual and Division XII – Safety Management System of Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

The requirements of Divisions II, V, VII, IX, X, XI and XII can be found under Subpart 4 of Part VI of the CARs.

PURPOSE

The purpose of this exemption is to provide a transition period until June 1, 2016 to persons identified above that were not subject to additional requirements such as those in the current Subpart 4 of Part VI of the CARs to allow them to continue to operate under the requirements that applied to them prior to May 30, 2014 as they establish procedures and structures to meet the requirements of the new Subpart 4 of Part VI of the CARs.

APPLICATION

This exemption applies only to persons that, prior to May 30, 2014, were operating a turbine-powered pressurized aeroplane certificated for more than six passenger seats that was:

(a)  not the subject of a TPOC, and
(b)  not a large aeroplane or a turbo-jet powered aeroplane.

CONDITIONS

This exemption is subject to the following conditions:

1.  Persons operating a turbine-powered pressurized aeroplane certificated for more than six passenger seats shall hold a private operator registration document (PORD).

2.  Private Operators shall comply with the requirements of sections 604.26 (Designation of Pilot-in-command and Second-in-command) and 604.28 (Instrument Approaches — Landing) of Division II of Subpart 4 of Part VI of the CARs.

VALIDITY

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

(a)  June 1, 2016 at 23:59 EDT;

(b)  the date on which any of the conditions set out in this exemption is breached;

(c)  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, this 14th day of January, 2015, on behalf of the Minister of Transport.

“Original signed by”

Martin J. Eley
Director General
Civil Aviation

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