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 helicopter pilots-in-command from the requirement of Section 602.123 of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Section 602.123 of the CARs states that: "No pilots-in-command of an aircraft shall include an alternate aerodrome in an instrument flight rules (IFR) flight plan or IFR flight itinerary unless available weather information indicates that the ceiling and visibility at the alternate aerodrome will, at the expected time of arrival, be at or above the alternate aerodrome weather minima specified in the Canada Air Pilot (CAP)."
The purpose of this exemption is to authorize helicopter pilots-in-command to use the alternate aerodrome weather minima requirements as specified in this exemption, rather than the alternate aerodrome weather minima requirements specified in the CAP, when selecting an alternate aerodrome where instruments approach procedures are available.
This exemption applies to helicopter pilots-in-command, planning to include an alternate aerodrome, where instruments approach procedures are available, in an IFR flight plan or itinerary.
This exemption is subject to the following conditions:
Forecast weather at the estimated time of arrival at the alternate aerodrome, shall be at or above 200 feet above the minima for the approach to be flown and visibility shall be at least 1 statute mile but never less than the minimum visibility for the approach to be flown;
The minima derived for an alternate aerodrome shall be consistent with aircraft performance, navigation equipment limitations, functioning traditional navigational aids, type of weather forecast, and runway or landing area, to be used.
This exemption will be valid commencing on March 31 2004 at 23:59 EST and until the earliest of the following:
September 30, 2005 at 23:59 EDT;
the date on which amendments to the appropriate provisions of the CAP document come into effect;
the date on which any of the conditions set out in this exemption are breached; or
the date on which this exemption is canceled in writing by the Minister where he is of the opinion it is no longer in the public interest or that it is likely to affect aviation safety.
Datedat Ottawa, Canada, this 29th day of March on behalf of the Minister of Transport
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