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 Canadian Air Operators from the requirements set out in section 703.23 of the Canadian Aviation Regulations (CARs) which stipulates that no air operator shall, except when conducting a take-off or landing, operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator is authorized to do so in its air operator certificate and complies with the Commercial Air Service Standards, subject to the following conditions.
The purpose of this exemption is to permit Canadian Air Operators conducting operations pursuant to Subpart 703 of the CARs to conduct Single Engine instrument approach procedures as published in the Canada Air Pilot while beyond gliding distance to shore in the event of an engine failure.
This exemption applies to all Canadian Air Operators conducting Single Engine Instrument Approaches over water under Subpart 703 of the CARs.
This exemption is subject to the following conditions:
- Except when conducting a take-off, a single engine instrument approach procedure or a landing, the air operator shall not operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator is authorized to do so in its air operator certificate and complies with the Commercial Air Service Standards;
- Where the air operator conducts a single engine instrument approach procedure
over water as specified in condition 1, the following requirements shall
- the air operator’s Company Operations Manual shall include passenger briefing ditching procedures and a requirement for the pilot to file a flight plan or flight itinerary; and
- flights conducted beyond a point where the land aircraft could reach shore shall be capable of direct flight following radio communications;
- A copy of this exemption shall be carried on board the aircraft while operating in Canada.
This exemption is in effect until the earliest of the following:
- November 30, 2006; 23:59 EST
- the date on which an amendment to the appropriate provisions of the CARs comes into effect;
- the date on which any of the conditions set out in this exemption is breached; or
- the date on which this exemption is canceled, 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, this 27th day of July 2005 on behalf of the Minister of Transport.
Original signed by:
- Date de modification :