EXEMPTION FROM SECTION 725.35(1)(a)(i) OF THE COMMERCIAL AIR SERVICES STANDARDS MADE PURSUANT TO 705.35 OF THE CANADIAN AVIATION REGULATIONS

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 operating under Subpart 705 of the Canadian Aviation Regulations (CARs)  from the requirements set out in section 725.35(1)(a)(i) of the Commercial Air Services Standards (CASS) made pursuant to Section 705.35 of the CARs, subject to the conditions of this exemption.

Section 705.35 of the CARs stipulates that a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary, if the person is authorized to do so in an air operator certificate and complies with the Commercial Air Service Standards.

Section 725.35(1)(a)(i) of the CASS states that for the air operator of aeroplanes to qualify to conduct a flight under IFR without designating an alternate aerodrome on the flight plan, for flights not more than six hours of scheduled flight time from the aerodrome of intended landing, the take-off aerodrome shall be situated within the North American continent, the Caribbean islands or Bermuda

Note:
For the purpose of this exemption, “flight planned air time” means the time from which an aeroplane takes off until the time the aeroplane lands, and excludes all taxiing time.

PURPOSE

The purpose of this exemption is to allow Canadian air operators operating under Subpart 705 of the CARs, to qualify to conduct a flight under IFR without designating an alternate aerodrome on the flight plan for flights with not more than six hours of flight planned air time from the aerodrome of intended landing when the take-off aerodrome is situated within the North American continent, Central or South America, the Caribbean Islands or Bermuda.

APPLICATION

This exemption applies to Canadian air operators operating aeroplanes under Subpart 705 of the CARs.

CONDITIONS

The conditions that shall be met by an air operator to qualify to conduct a flight under IFR without designating an alternate aerodrome on the flight plan for flights with not more than six hours of flight planned air time from the aerodrome of intended landing are the following:

1. The take-off aerodrome shall be situated within the North American Continent, Central or South America, the Caribbean islands or Bermuda;
2. The procedures to be followed to conduct a flight under IFR without designating an alternate aerodrome on the flight plan for flights with not more than six hours of flight planned air time from the aerodrome of intended landing shall be described in the company operations manual;
3. The air operator shall ensure that the type of aeroplane used on the route of flight has a normal operating range capability that is sufficient to operate the flight to the aerodrome of intended landing, and to an alternate aerodrome, if one were required;
4. The air operator shall not utilize the relief provided in section 725.20 of the Commercial Air Service Standards contained in Appendix A to this exemption, and shall ensure that communication facilities are sufficient to ensure full co-authority dispatch at each enroute stop; and
5. The air operator shall not use the relief provided as a “waiver” stated in section 725.20 of the Commercial Air Service Standards contained in Appendix B to this exemption, and shall ensure that communication facilities are sufficient to ensure communication between the pilot-in-command and flight dispatch at each stations.

VALIDITY

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

1. The date on which the amendments contained in the Notices of Proposed amendment Nos. 2008-054, 2008-056 and 2008-057 to the appropriate section of the CASS come into force;
2. the date on which any condition set out in this exemption is breached; or
3. 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 that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 2nd day of December, 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Appendix A

Section 725.20 of the Commercial Air Service Standards - CARs
Operational Control System 
Systems Description
Type A System

1. General
   1. Responsibility and Authority
      6. Limited pilot self-dispatch of flights may be permitted at those enroute stops where a lack of communications facilities prevents the co-authority dispatch of a flight. In such cases, the air operator shall develop, and submit to Transport Canada - Civil Aviation for approval, those additional procedures that are intended to compensate for the lack of flight dispatcher participation in the flight's next operational flight plan;
         
         […]

Appendix B

Section 725.20 of the Commercial Air Service Standards - CARs
Operational Control System 
Systems Description
Type A System

1. General
   […]
   3. Communications
      2. On-ground Communications
         
         A direct communications capability between the pilot-in-command and the flight dispatcher shall be provided at any station regularly served by the air operator. The equipment used shall be accessible to the pilot-in-command and may include the following:
         1. VHF/HF Radio voice;
         2. telephone;
         3. data link; and
         4. teletype.
      3. This requirement may be waived by Transport Canada - Civil Aviation, at those stations where a lack of facilities prevents communication between the pilot-in-command and flight dispatch.
         
         Timely communication means the ability to establish communications domestically within thirty minutes of first trying and internationally within one hour when the flight is in cruise.
         
         Direct communication means the ability of the flight dispatcher and the pilot-in-command to communicate using the air operator's facilities, an electronic data link facility, or a facility operated by a third party according to an agreement.
         
         […]

Date de modification :

2009-02-0