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 Air Canada, PO Box 14000, Station Airport, Dorval, Quebec, H4Y 1H4 and their pilots-in command and seconds-in-command qualified on the B787 from the requirements of paragraph 725.108(2)(g) and subsections 725.108(3), (4), (5) and (6) of the Commercial Air Service Standards (CASS) made pursuant to section 705.108 of the Canadian Aviation Regulations (CAR), subject to the conditions stipulated herein.
The details of the above provisions are attached at Appendix A to this exemption.
The purpose of this exemption is to allow Air Canada and their pilots-in-command and seconds-in-command qualified on the B787 to operate this aircraft without adhering to the crew pairing restrictions applicable to pilots who are transitioning to an aeroplane type on which they have no previous experience. This exemption will allow Air Canada to introduce the B787 into service until such time that sufficient pilots have completed their consolidation period in order to permit further operations without the need to deviate from crew pairing restrictions.
This exemption applies to the following aircraft when operated by Air Canada, pursuant to its Air Operator Certificate Number 500.
This exemption is subject to the following conditions:
- 1. Air Canada shall not permit a person to act and no person shall act as a pilot in command or second-in-command of a B787 aircraft under the authority of this exemption, unless the person:
- (a) was previously qualified at Air Canada in the same crew position as they hold on the B787 aircraft; and
- (b) has previous experience as Pilot-in-Command, Second-in-Command or Relief Pilot with Air Canada on an A330/340, B767, B777 or B747 aircraft type; and
- (c) has a minimum of 33 hours flight time on the B787 aircraft.
- 2. Where the second-in-command does not have previous experience as in subparagraph 1(b), they must observe a minimum of 4 transoceanic flight segments on an Air Canada B777 or B787 aircraft.
- 3. This exemption will be applied to a maximum of 25 percent of all Air Canada B787 crew pairings.
This exemption is in effect until the earliest of the following:
- (a) September 30, 2014 at 23:59 EDT;
- (b) the date on which any of the conditions set out in this exemption are breached; or
- (c) 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 is likely to affect aviation safety.
Dated at Ottawa, Ontario, on this 8th day of May, 2014, on behalf of the Minister of Transport.
"Original Signed by"
Martin J. Eley
705.108 No air operator shall assign a pilot-in-command and a second-in-command to an aircraft unless their combined experience on that type of aircraft meets the Commercial Air Service Standards.
725.108(2) Crew pairing restrictions apply when any of the following situations apply to either the pilot-in-command or the second-in-command when at the employ of an air operator:
- (a) initial appointment to pilot-in-command or second-in-command;
- (b) the first upgrade from second-in-command to pilot-in-command on any aeroplane type except the same aeroplane type;
- (c) the first transition from a reciprocating-powered aeroplane to a turbo-prop or turbo-jet powered aeroplane;
- (d) the first transition from a turbo-prop-powered aeroplane to a turbo-jet-powered aeroplane;
- (e) the first transition to an aeroplane whose control systems use a technology or present information in a manner that differs significantly in access, interpretation, or usage from that with which the pilot is familiar;
- (f) upon completion of training on a second aeroplane type which is not covered by a common type rating, regardless of previous experience, when the pilot will be flying both types of aeroplanes in service; or
- (g) the transition to an aeroplane type on which the crew member has no previous experience.
3) When crew pairing restrictions apply, they come into effect after completion of the Pilot Proficiency Check in the new position or new type, and remain in effect until the completion of the consolidation period for this flight crew member.
(4) When, after completion of the line indoctrination, crew pairing restrictions apply to one of the flight crew members, the other flight crew member shall meet the following requirements:
- (a) has completed the consolidation period; or
- (b) for the purpose of a transition period from previous regulation to the new Canadian Aviation Regulations, has gained experience in position on the aeroplane type prior to the introduction of consolidation requirements.
(5) When, after completion of their individual line indoctrination, crew pairing restrictions apply to the pilot-in-command and to the second-in-command, a training pilot who meets the requirements of subsection 725.124(4) shall occupy the jump seat.
(6) Hours applying to crew pairing restrictions are valid for line indoctrination and the consolidation period referred to in Section 725.106.
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