Exemption from section 705.75 and subsections 605.24(2) and 705.41(1) of the Canadian Aviation Regulations

NCR-050-2020

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 or security, I hereby exempt Canadian air operators operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements set out in section 705.75 and subsections 605.24(2) and 705.41(1) of the CARs, subject to the following conditions.

The above mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow stakeholders to continue operations in the environment created by the COVID-19 pandemic.

More specifically, this exemption will allow Canadian air operators operating under Subpart 5 of Part VII of the CARs to operate its aeroplanes when not all flight attendants are occupying a certified flight attendant station equipped with a shoulder harness or dual upper torso straps.

Application

This exemption applies to Canadian air operators operating under Subpart 5 of Part VII of the CARs for the purpose of operating its aeroplanes when not all flight attendants are occupying a certified flight attendant station equipped with a shoulder harness or dual upper torso straps.

This exemption ceases to apply to the Canadian air operator that does not respect a condition of this exemption.

Conditions

This exemption is subject to the following conditions:

1. Subject to condition 2, each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection 705.41(2) of the CARs.
2. An air operator who has assigned two or more flight attendants to a flight shall operate the aeroplane with one or more flight attendants occupying an available passenger seat if
   • a) each flight attendant occupying an available passenger seat has been displaced to facilitate physical distancing recommendations;
   • b) the displaced flight attendant occupies the passenger seat that is most accessible to the original flight attendant seat, so as to most effectively perform assigned duties;
   • c) procedures are established and used to ensure that an acceptable level of safety is achieved with the displacement of each flight attendant, in particular for evacuation of passengers, taking into account the procedures established in accordance with section 705.224 of the CARs, and any change of procedures; and
   • d) at least one flight attendant occupies a flight attendant seat meeting the requirements of subsection 705.41(2) of the CARs at each pair of floor level exits.
3. An air operator who decides to exercise the relief granted in this exemption shall, before implementing the change, provide to the assigned principal cabin safety inspector
   • a) a notice in writing of the decision identifying the specific aeroplane model(s) and flight attendant seat(s) affected; and
   • b) the procedures resulting from its safety risk assessment and in accordance with Condition 2.
4. A copy of this exemption shall be carried on board the aeroplane.

Validity

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

• a) August 31st, 2020 at 23:59 EDT; or
• b) The date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

Dated at Ottawa, Ontario, on this 21st day of April, 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General
Civil Aviation
Transport Canada

Appendix A

Relevant provisions of the Canadian Aviation Regulations

Shoulder Harness Requirements

• 605.24 (1) […]
• (2) Except as provided in section 705.75, no person shall operate a transport category aeroplane unless each flight attendant seat is equipped with a safety belt that includes a shoulder harness.
• (3) […]

Flight Attendant Stations

• 705.41 (1) Each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection (2).
• (2) Each flight attendant station shall be approved by the Minister in accordance with the Commercial Air Service Standards.
• (3) No air operator shall permit a flight attendant seat to be occupied by a person other than a flight attendant unless the air operator
  • (a) is authorized to do so in its air operator certificate; and
  • (b) complies with the Commercial Air Service Standards.

Crew Member Shoulder Harnesses

• 705.75 No person shall operate an aircraft unless each pilot seat and the seat for each flight attendant required under section 705.201 is equipped with a safety belt that includes dual upper torso straps with a single-point release.

Relevant provisions of the Commercial Air Service Standards

725.41 Flight Attendant Stations

• (1) Standard for Approval of Flight Attendant Stations
  • (a) The flight attendant stations for flight attendants required by section 705.201 of the Canadian Aviation Regulations shall be evenly distributed throughout the cabin and shall:
    • (i) be located in the passenger cabin near floor level emergency exits or, because of exit type and distribution or the access to the communication system, at some other approved exit;
    • (ii) be positioned so that the seat will not interfere with the use of a passageway or exit when the seat is not in use;
    • (iii) provide access to the communication system when the flight attendant is seated, except when the communication system and flight attendant seat are installed in accordance with the original type certification basis of the aeroplane; and
    • (iv) be located to minimize the probability of injury to the occupant from items dislodged in a galley or from a stowage compartment or serving cart. Secondary latching mechanisms must be used to prevent items from being dislodged.
  • (b) Each aeroplane shall, for each flight attendant required by section 705.201 of the Canadian Aviation Regulations, be equipped with either a forward or aft facing seat designed to at least the inertial load factors established under the original certification basis of the aeroplane. The seat shall provide an energy absorbing rest to support the arms, shoulders, head, and spine.
  • (c) There shall be a means to secure each combined safety belt and shoulder harness when not in use so as to prevent interference with rapid egress in an emergency.
  • (d) Flight attendant stations shall be approved for use in order of priority based on the minimum crew required for that aeroplane up to the maximum number of flight attendants carried.
  • (e) Where the passenger entry door is an emergency exit, the flight attendant seat located nearest to it shall be the primary station. All other exits shall be prioritized in the following manner:
    • (i) no two opposite and no two adjacent floor level exits shall be unassigned;
    • (ii) flight attendant seats located adjacent to communication panels, evacuation horns, or the emergency light switch shall have a higher priority than seats that are not so located; and
    • (iii) the lowest priority is an aisle passenger seat located at a Type III window exit.
  • (f) Notwithstanding (e), the approval of the flight attendant stations shall consider the emergency procedures for the aeroplane type/model for the operator as well as conditions imposed during the original type certification of the aeroplane.
• (2) […]