Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt Air Canada, Air Canada Centre – 1210, P.O. Box 14000, Postal Station Saint-Laurent, Montreal, Quebec, H4Y 1H4 and its flight attendants assigned the L2 position on Embraer 175 and 190 aeroplanes from the requirements of Section 705.97 and subsections 605.24 (2), 705.41(1), 705.75(1) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Section 705.97 of the CARs states “Each flight attendant required, pursuant to Section 705.104, shall have a flashlight readily available for use”.
Subsection 605.24 (2) of the CARs states“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”.
Subsection 705.41 (1) of the CARs states” Each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection (2)”.
Subsection 705.75 (1) of the CARs states “Subject to subsection (2), no person shall operate an aircraft unless all pilot seats and seats for each flight attendant required pursuant to Section 705.104 are equipped with a safety belt that includes dual upper torso straps with a single-point release”.
The purpose of this exemption is to permit Air Canada and its flight attendants assigned the L2 position on Embraer 175 and 190 aeroplanes to implement temporary measures on the Embraer aeroplane to occupy a passenger seat in lieu of the L2 jumpseat. This would occur in the event of anticipated turbulence and/ or rough landings. In all other situations, the L2 jumpseat will be used by flight attendants.
This exemption applies only to Air Canada Embraer aeroplanes and only for the Flight Attendant assigned the L2 position.
This exemption is subject to the following conditions:
Air Canada shall amend the applicable parts of their Company Operations Manual and crew member training programs to reflect the changes in emergency and safety procedures associated with the use of a passenger seat by Flight Attendant L2;
When conditions are warranted or a rough landing is anticipated, the Flight Attendant assigned to the L2 position must use the closest passenger seat as follows, Embraer 175, passenger seat 27C, Embraer 190, passenger seat 32C.
Air Canada shall carry a copy of this exemption on board its Embraer aeroplanes when operating under CAR 705 authority.
This exemption is valid until the earliest of:
a) October 31, 2011 at 23:59 EDT;
b) the date on which any condition set out in this exemption is breached;
c) the date on which the described temporary measures are no longer required due to a permanent solution being in place; or
d) 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 affect aviation safety.
Dated at Ottawa, Ontario, Canada on this 28th day of July, 2011, on behalf of the Minister of Transport.
Original signed by
For/Martin J. Eley
- Date de modification :