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 adversely affect aviation safety, I hereby exempt Canadian air operators under Subpart 705 of the Canadian Aviation Regulations (CARs) and the pilots-in-command at their employ from the requirements set out in subparagraph 705.27(3)(d)(ii) and subsection 705.27(4) of the CARs, specifically pertaining to a pilot, subject to the conditions set out below.
Subsection 705.27(3) of the CARs prohibits persons, other than those persons listed in the subsection, from being admitted to the flight deck. Subsection 705.27(4) of the CARs sets out the duty of the air operator to verify the identity of the person, the employment of the person and the availability of a seat in the passenger compartment. Section 705.27 is set out in Appendix A.
The purpose of this exemption is to permit Canadian air operators conducting operations pursuant to Subpart 705 of the CARs, who wish to offer an observer seat in the flight deck on its aeroplanes on a domestic flight to commuting pilots employed by a Canadian air operator that is not a wholly owned subsidiary or a code share partner, to approve the transport of commuting pilots on the flight deck observer seat and to permit pilots-in-command at their employ to grant admission to the flight deck to a commuting pilot to occupy the observer seat, notwithstanding the availability of a seat in the passenger compartment.
This exemption applies to a Canadian air operator conducting operations in Canada pursuant to Subpart 705 of the CARs and pilots-in-command at its employ.
For the purpose of this exemption, “commuting pilot” refers to a pilot requesting admission to the flight deck on a domestic flight to occupy the observer seat for the purpose of commuting to or from a flight assignment.
For the purposes of the application of section 705.104 of the CARs pertaining to flight attendant requirements, the commuting pilot is not a crew member.
Code Share partner
For the purposes of this exemption, “code share partner” refers to a Canadian air operator operating under Part VII of the CARs that has entered into a valid code-share agreement, which is currently in force, with the Canadian air operator offering access to its observer seat in the flight deck on a domestic flight to commuting pilots or refers to a foreign air operator operating under Subpart 701 of the CARs that has entered into a valid code-share agreement, which is currently in force, with the Canadian air operator offering its observer seat in the flight deck on a domestic flight to commuting pilots.
The Canadian air operator shall establish a process to advise the pilot-in-command that a request from a specified commuting pilot to occupy the observer seat has been approved and that the pilot-in-command may grant admission to the flight deck to that commuting pilot for the purposes of occupying the observer seat.
- The air operator shall include, in its Company Operations Manual, procedures for its personnel pertaining to the use of flight deck observer seats by commuting pilots, including the following procedures:
(a) verification of the commuting pilot’s employment status;
(b) approval of the commuting pilot by the air operator; and
(c) notification by the air operator to the pilot-in-command of the approval.
The air operator shall comply with the procedures set out in its Company Operations Manual pertaining to the use of observer seats by commuting pilots.
The air operator and pilot-in-command shall not grant admission to the flight deck observer seat on international or trans-border flights.
Based on the information provided to the air operator by the commuting pilot in the request, the air operator shall verify and confirm that the commuting pilot is currently employed by a Canadian air operator.
The air operator shall maintain a record of commuting pilots utilizing the flight deck observer seat by recording at least the pilot’s name, the date of the flight, the employing air operator and the flight numbers.
The air operator shall comply with the provisions of the Identity Screening Regulations pertaining to boarding gate.
The air operator shall advise the pilot-in-command that the specified commuting pilot has been approved to occupy the flight deck observer seat.
The pilot-in-command shall not grant admission to the flight deck observer seat to the commuting pilot unless:
(a) the pilot-in-command has been advised by the air operator that the request of the specified commuting pilot has been approved by the air operator; and
(b) the pilot-in-command has verified the identity of the commuting pilot by examining and comparing the commuting pilotâ€™s Restricted Area Identity Card (RAIC) with one of the following:
(A) a valid passport;
(B) a valid Airline Transport Pilot Licence and a valid Medical Certificate;
(C) a valid Commercial Pilot Licence and a valid Medical Certificate; or
(D) a valid company identification.
The pilot-in-command shall deny admission to the flight deck for any security or safety of flight concern that he or she considers valid at that time.
This exemption is valid until the earliest of the following:
a) January 31st, 2019 at 23:59 EST; the validity date has been changed by hand by the DG from January 31st to February 28th
b) the date on which any condition set out in this exemption is breached; or
c) the date on which this exemption is cancelled in writing by the Minister, where he or she is of the opinion it is no longer in the public interest or is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada, this 28th day of February, 2014, on behalf of the Minister of Transport.
“Original signed by”
Martin J. Eley
Admission to Flight Deck
705.27 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.
(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector’s duties, as determined by the inspector.
(3) No person shall be admitted to the flight deck of an aeroplane other than:
(a) a flight crew member;
(b) a crew member performing their duties;
(c) an inspector referred to in subsection (1);
(d) in accordance with the procedures specified in the company operations manual,
(i) an employee of the air operator who is not a crew member performing their duties; and
(ii) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator; and
(e) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.
(4) The air operator shall verify:
(a) in the case of a person referred to in paragraph (3)(d) or (e), the identity of the person by means of a personal photo identification issued by the air operator, its wholly owned subsidiary, its code share partner or a foreign government or a restricted area pass as defined in the Canadian Aviation Security Regulations; and
(b) in the case of a person referred to in paragraph (3)(d), the fact that:
(i) the person is currently employed by the air operator, or by a wholly owned subsidiary or code share partner of the air operator, and
(ii) no seat is available for the person in the passenger compartment.
(5) No person referred to in paragraph (3)(d), except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, shall be admitted to the flight deck if a seat is available in the passenger compartment.
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