EXEMPTION FROM SUBPARAGRAPH 703.07(2)(b)(i) OF THE CANADIAN AVIATION REGULATIONS AND CLAUSE 723.07(2)(a)(i)(C) OF THE COMMERCIAL AIR SERVICE STANDARDS (AEROPLANE)

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 Air Taxi Services (Aeroplanes & Helicopters) from the requirement of clause 723.07(2)(a)(i)(C) of the Commercial Air Service Standards (Aeroplane)(CASS) made pursuant to subparagraph 703.07(2)(b)(i) of the Canadian Aviation Regulations (CARs), subject to the conditions of this exemption.

Subparagraph 703.07(2)(b)(i) of the CARs requires Air Operators to employ Operations Managers who have been approved by the Minister in accordance with the CASS.

Clause 723.07(2)(a)(i)(C) of the CASS stipulates that Operations Managers must have attended a Company Aviation Safety Officer (CASO) course or must attend such a course within twelve months of assuming the position of Operations Manager.

Purpose

The purpose of this exemption is to allow Canadian Air Operators operating Air Taxi Services (Aeroplanes & Helicopters) under Subpart 3, Part VII, of the CARs to employ Operations Managers who do not meet the requirement of having attended a CASO course or of attending such a course within twelve months of assuming the position of Operations Manager.

Application

This exemption applies to Canadian Air Operators operating Air Taxi Services (Aeroplanes & Helicopters) when employing Operations Managers, where the Operations Manager has not attended a Company Aviation Safety Officer CASO course or has not attended such a course within twelve months of assuming the position of Operations Manager.

Conditions

This exemption is subject to the following conditions:

1. A copy of this exemption shall be kept in the Operations Manager’s file;

2. Canadian Air Operators operating Air Taxi Services shall have the Operations Manager demonstrate knowledge on all of the following subjects:

   1. flight safety philosophy;

   2. human factors and the decision making process;

   3. accident prevention;

   4. the role of the flight safety officer as advisor to senior management;

   5. risk management;

   6. accident/incident management;

   7. the aviation safety survey;

   8. emergency response plan;

   9. incident investigation; and

   10. safety management systems.

    

3. Canadian Air Operators operating Air Taxi Services (Aeroplanes & Helicopters) shall document the Operations Manager demonstration of knowledge and this shall be kept in the Operations Manager’s file.

Validity

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

1. 23:59 EST on January 31, 2006;

2. The date on which any conditions set out in this exemption is breached;

3. The date on which an amendment to the appropriate provisions of the CARs or related standards comes into effect; or

4. 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

, Canada this 3^rd day of September 2004, on behalf of the Minister of Transport.

Michel Gaudreau
Director
Commercial and Business Aviation

Date de modification :

2005-01-2