Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian air operators operating under Subparts 703, 704 or 705 of the CARs who have met the pre-requisites set out in condition 1 of this exemption from the requirements of subparagraphs 723.38(3)(c)(iii) and 724.33(3)(c)(iii) and clause 725.40(3)(a)(iii)(C) of the Commercial Air Service Standards (CASS) made pursuant to sections 703.38, 704.33 and 705.40 of the CARs, subject to the conditions set out below.
Sections 703.38, 704.33 and 705.40 require, for the purposes of section 602.08, that no air operator permit the use of a PED on board an aircraft unless the air operator has established procedures that meet the CASS and are specified in the air operator’s company operations manual. Paragraph 723.38(3)(c) of the CASS, for both Standard 723 Aeroplanes and Standard 723 Helicopters, and paragraph 724.33(3)(c) of the CASS, for both Standard 724 Aeroplanes and Standard 724 Helicopters, as well as subparagraph 725.40(3)(a)(iii) of the CASS permit the use of certain types of PEDs with restrictions. Subparagraphs 723.38(3)(c)(iii) and 724.33(3)(c)(iii) and clause 725.40(3)(a)(iii)(C) of the CASS describe that other non-transmitting PEDs may be used, except during take-off, climb, approach and landing. The current versions of these provisions are set out in Appendix A of this exemption.
PURPOSE
The purpose of this exemption is to allow Canadian air operators operating under Subparts 703, 704 or 705 of the CARs, who have met the pre-requisites set out in condition 1 of this exemption, to permit the use of non-transmitting PEDs on board aircraft during take-off, climb, approach and landing.
APPLICATION
This exemption applies to Canadian air operators operating under Subparts 703, 704 or 705 of the CARs who permit the use of non-transmitting PEDs on board aircraft during take-off, climb, approach and landing and who have met, prior to exercising the relief provided by this exemption, the pre-requisites set out in condition 1 of this exemption.
DEFINITIONS
The following definitions are used throughout the exemption:
"Portable Electronic Device (PED)" means any of lightweight, electrically-powered equipment. These devices are typically consumer electronics devices functionally capable of communications, data processing and/or utility.
Note: the definition of PEDs is intended to encompass transmitting PEDs (T-PEDs).
"Non-transmitting PED" includes a portable electronic device that has the device's radio frequency transmitting functions turned off or is in aeroplane mode with the Wi-Fi capability also turned off.
SUPPORTING DOCUMENT
Transport Canada Advisory Circular No. AC 700-005 – Use of Transmitting and Non-Transmitting Portable Electronic Devices
CONDITIONS
This exemption is subject to the following conditions:
- Prior to exercising the relief provided by this exemption, the air operator shall:
- a) for each make and model of aircraft used by the air operator on which the air operator intends to permit the use of non-transmitting PEDs during any or all of the take-off, climb, approach and landing phases of flight, take the necessary action to ensure that the operation of the non-transmitting PED does not have any adverse effects on the operation of the aircraft or its equipment during those phases of flight by conducting testing to determine the aircraft tolerance to non-transmitting PED use including, the level of electromagnetic interference (EMI) or any other form of signal, that could be emitted from the kind of non-transmitting PED the air operator intends to permit during those phases of flight;
- b) determine the phases of flight where non-transmitting PEDs can remain on and be used;
- c) determine if it would be necessary to limit the use of non-transmitting PEDs during any specific flight operation;
- d) maintain records that document the following:
- i) how it was determined that a non-transmitting PED does not have any adverse effects on the operation of the aircraft or its equipment;
- ii) what criteria were utilized in making this determination; and
- iii) how satisfactory performance was demonstrated;
- e) provide to the Minister upon request the records required by condition 1 d);
- f) document permitted and prohibited PED use and the respective phases of flight in which the PED is permitted or prohibited;
- g) provide each crew member with the necessary training to address the use of non-transmitting PEDs during the respective phases of flight in which the PED is permitted or prohibited; and
- h) amend the applicable parts of the air operator's company operations manual, flight attendant manual where applicable, and crew member training programs to reflect the changes in normal, abnormal, emergency and safety procedures associated with the use of non-transmitting PEDs during take-off, climb, approach and landing, and submit these changes to the Minister prior to commencing operations under the relief of this exemption.
- The air operator shall not allow the use of a non-transmitting PED on board a specific make and model of aircraft unless the results of the testing completed as set out in condition 1 a) show that the non-transmitting PED the air operator intends to permit does not impair the functioning of the aircraft’s systems or equipment for that particular make and model of aircraft during the respective phases of flight in which the PED is permitted.
- The air operator shall implement procedures to advise passengers of:
- (a) when the use of non-transmitting PEDs is permitted; and
- (b) the type of non-transmitting PED that is acceptable for use.
- With the exception of electronic flight bags, an air operator shall not permit a crew member to use, and a crew member shall not use, a non-transmitting PED during take-off, climb, approach and landing.
VALIDITY
This exemption is valid until the earliest of:
- a) April 15, 2017 at 23:59 EST;
- 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 she is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada on this 26th day of May, 2014, on behalf of the Minister of Transport.
"Original signed by".
Martin J. Eley
Director General
Civil Aviation
APPENDIX A
Pertinent provisions of the Canadian Aviation Regulations and Commercial Air Service Standards
| Subpart 703 Application | Subpart 704 Application | Subpart 705 Application |
|---|---|---|
| 703.38 Passenger and Cabin Safety Procedures … (3) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that (a) meet the Commercial Air Service Standards; and (b) are specified in the air operator's company operations manual. |
704.33 - Apron and Cabin Safety Procedures … (5) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that (a) meet the Commercial Air Service Standards; and (b) are specified in the air operator's company operations manual. |
705.40 - Passenger and Cabin Safety Procedures … (4) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that (a) meet the Commercial Air Service Standards; and (b) are specified in the air operator's company operations manual. |
| Standard 723 – Aeroplanes 723.38 (3) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: …(c) Permitted Devices With Restrictions…(iii) other portable electronic devices may be used, except during take-off, climb, approach and landing. |
Standard 724 – Aeroplanes 724.33 (3) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: …(c) Permitted Devices With Restrictions…(iii) other portable electronic devices may be used, except during take-off, climb, approach and landing. |
Standard 725 – Airlines Operations 725.40(3) Use of Portable Electronic Devices (refers to paragraph 705.40(4)(b) of the Canadian Aviation Regulations)
(a) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: |
| Standard 723 – Helicopters 723.38 (3) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: …(c) Permitted Devices With Restrictions(iii) other portable electronic devices may be used, except during take-off, climb, approach and landing. |
Standard 724 – Helicopters 724.33 (3) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: …(c) Permitted Devices With Restrictions…(iii) other portable electronic devices may be used, except during take-off, climb, approach and landing. |
- Date de modification :