EXEMPTION FROM SUBPARAGRAPH 705.08(g)(vi) of the CANADIAN AVIATION REGULATIONS and SUBPARAGRAPH 725.08(2)(d)(ii) of the Commercial Air Service Standards

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, who are authorized to conduct Reduced Vertical Separation Minima (RVSM) operations, from the requirements of subparagraph 705.08(g)(vi) of the Canadian Aviation Regulations (CARs) and subparagraph 725.08(2)(d)(ii) of the Commercial Air Service Standard, (CASS) which states in part:

“The standards for authorization to operate in Reduced Vertical Separation Minima (RVSM) airspace are:

(ii) the air operator shall comply with the ICAO/FAA Document 91-RVSM and meet the other applicable requirements of ICAO NAT DOC 001”

ICAO/ FAA Document 91-RVSM requires the following:

“Initial Monitoring.  All air operators that operate or intend to operate in airspace where RVSM is applied are required to participate in the RVSM monitoring program.

Air operator airframes are to be monitored as soon as possible, but not later than 6 months after the issue of operational approval or not later than six months after the start of North American RVSM operations, whichever occurs later. “

PURPOSE

The intent of this exemption is to allow Canadian air operators authorized to conduct RVSM operations to continue these operations without meeting the Height Monitoring Unit (HMU) validation overflight, as required by subparagraph 725.08(d)(ii) of the CASS and specified in the referenced document ICAO/FAA 91 – RVSM until 6 months after the certification of the HMU at Lethbridge, Alberta or Ottawa, Ontario as applicable, or July 20, 2006, whichever occurs first.

APPLICABILITY

This exemption will apply to Canadian air operators authorized to operate aircraft within RVSM airspace that are not able to meet the HMU validation overflight requirement within 6 months of their aircraft certification.

CONDITIONS

This exemption is subject to the following conditions:

1. The air operator must hold a valid authorization in the form of an operations specification to operate the specified aircraft in RVSM airspace;
2. The air operator shall complete a monitoring overflight at the earliest opportunity, but not later than six months after the HMU facility at Lethbridge, Alberta, or Ottawa, Ontario are certified as fully functional for that purpose by Nav Canada;
3. The air operator shall comply with all other requirements of the paragraph 705.08(g)(vi) of the CARS, 725.08(2)(d) of the CASS, the ICAO/FAA Document 91-RVSM and ICAO NAT DOC 001.

VALIDITY

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

1. July 20, 2006 at 23:59 EDT;
2. Six months after the date on which the RVSM HMU facilities at Lethbridge, Alberta, or Ottawa, Ontario, as applicable, are certified as fully functional for the purpose of RVSM monitoring overflights by Nav Canada;
3. The date on which any of the conditions set out in this exemption is breached; 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 it is likely to affect aviation safety.

Dated at Ottawa, Canada this 19th day day of July, 2005, on behalf of the Minister of Transport.

Hard copy signed by: Jennifer Taylor on behalf of:

Merlin Preuss
Director General
Civil Aviatio

Date de modification :

2006-02-1