EXEMPTION FROM SECTION 705.108 OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 725.108(2)(g), AND subsections 725.108(3), (4), (5) & (6) OF THE COMMERCIAL AIR SERVICE STANDARDS

 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 B777 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.

PURPOSE

The purpose of this exemption is to allow Air Canada and their pilots-in-command and seconds-in-command qualified on the B777 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 B777 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.  

APPLICATION

This exemption applies to Air Canada operating pursuant to subpart 705 of the CARs and their pilots‑in‑command and seconds-in-command qualified on the B777.

CONDITIONS

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 an B777 aircraft under the authority of this exemption, unless the person:
   1. was previously qualified at Air Canada in the same crew position as they hold on the B777 aircraft;
   2. has previous experience with Air Canada on a long-haul, international aircraft type (B767 and A330/340); and
   3. has experience as either First Officer or Captain with Air Canada in an aircraft type that features advanced technology.

2. Where the pilot‑in‑command or second-in-command does not have previous experience as in subparagraph 1(b), they must observe a minimum of 4 transoceanic flights as an observer on either a company A330 or B767 aircraft.

VALIDITY

This exemption comes into effect on March 28, 2007 at 23:59 EST and is in effect until the earliest of the following:

1. August 1, 2007 at 23:59 EDT;
2. the date on which any condition set out in this exemption is breached;
3. 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 that it is likely to affect aviation safety.

 Dated at Ottawa, Ontario, Canada this 22nd day of January, 2007 on behalf of the Minister of Transport, Infrastructure and Communities.

OSB – Jennifer Taylor

Merlin Preuss
Director General
Civil Aviation

CREW PAIRING

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:

(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. (See subsection 725.106(7) for consolidation period)
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:
   1. has completed the consolidation period; or
   2. 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.