EXEMPTION FROM SUBPARAGRAPH 703.07(2)(b)(i) AND PARAGRAPH 703.09(c) OF THE CANADIAN AVIATION REGULATIONS AND CLAUSE 723.07(2)(a)(i)(C) OF THE COMMERCIAL AIR SERVICE STANDARDS (AEROPLANES & HELICOPTERS)

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 applicants for a Canadian air operator certificate pursuant to Subpart 3 of Part VII of the Canadian Aviation Regulations (CARs) and Canadian Air Operators operating Air Taxi Services (Aeroplanes & Helicopters) pursuant to Subpart 3 of Part VII of the CARs from the requirement of clause 723.07(2)(a)(i)(C) of the Commercial Air Service Standards (CASS) (Aeroplanes & Helicopters) made pursuant to subparagraph 703.07(2)(b)(i) and paragraph 703.09(c) of the CARs, subject to the conditions of this exemption.

Subparagraph 703.07(2)(b)(i) of the CARs requires that an applicant shall have

(a) (…);

(b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely;

(i) operations manager,

(ii) (…),

(…).

Paragraph 703.09(c) states that an air operator certificate shall contain the following general conditions:

(a)(…);

(b)(…);

(c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

(…).

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 permit 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 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 (Aeroplanes & Helicopters) 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’s demonstration of knowledge of the subjects listed in Condition #2 and shall keep a record of the Operations Manager’s demonstrated knowledge in the Operations Manager’s file.

VALIDITY

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

1. January 31, 2007 at 23:59 EST;
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, Ontario, Canada this 10th day of March 10th, 2006 on behalf of the Minister of Transport.

Original signed by MerlinPreuss

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-04-0