EXEMPTION FROM SUBPARAGRAPHS 705.106(1)(b)(i) & (ii),PARAGRAPHS 705.106(1)(c) & (d), SUBSECTIONS 705.106(4) & 705.113(1) AND PARAGRAPH 705.113(2)(a) OF THE CANADIAN AVIATION REGULATIONS

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 Air Canada, PO Box 14000, Station Airport, Dorval, Quebec, H4Y IH4 and their Airbus A330 and A340 qualified Cruise Relief Pilots, operating both aircraft types under a mixed fleet flying (MFF) program, as set out in the air operator's company operations manual, from the requirements of subparagraphs 705.106(1)(b)(i) and (ii), paragraphs 705.106(1)(c) and (d), subsections 705.106(4) and 705.113(1) and paragraph 705.113(2)(a) of the Canadian Aviation Regulations (CARs), subject to the conditions stipulated herein.

The details of the above provisions are attached at Appendix A.

PURPOSE

The purpose of this exemption is to allow Air Canada and their cruise relief pilots (CRP) operating Airbus A330 and A340 aircraft under a Mixed Fleet Flying (MFF) program to have a pilot proficiency check (PPC) or line check completed on either the Airbus A330 or Airbus A340 aircraft type and be deemed to have met the PPC or line check requirements for the other aircraft type, and to maintain their currency qualifications on both the Airbus A330 and the Airbus A340 aircraft types by considering take-offs, landings and sectors on one type to provide the same currency qualifications on the other type, in accordance with the Commercial Air Service Standards (CASS).  This exemption also permits Air Canada and its MFF CRPs to complete the consolidation period on either the Airbus A330 or Airbus A340, or a combination of the two aircraft types, and be deemed to have met the consolidation period requirements for both aircraft types, in accordance with the CASS.

APPLICATION

This exemption applies to Air Canada operating pursuant to subpart 705 of the CARs and their CRPs operating Airbus A330 and A340 aircraft under a MFF program.

CONDITIONS

  1. Air Canada shall not permit a person to act, and no person shall act as the CRP of an Airbus A330 or A340 aircraft unless:
    1. the person has successfully completed a PPC on either the A330 or A340, in accordance with the CASS subsection 725.106(2) Schedule III, the validity period of which has not expired; and
    2. prior to or on completion of the initial PPC on one of the MFF type aircraft, the person has successfully completed approved differences training on the other MFF type.
    3. the person within the previous 90 days:
      1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in either an A330 or A340 aircraft, or a combination thereof, or
      2. has completed five sectors assigned to duty as a flight crew member in either an A330 or A340 aircraft, or a combination thereof.
    4. the person has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for the A330 or A340 aircraft, in accordance with the CASS.
  2. CRPs shall complete a PPC in accordance with subsection 725.106 (2) Schedule III of the CASS every six months, and the PPC shall alternate between the A330 and the A340 during successive six-month periods; therefore, when a PPC is conducted on one type of aircraft, the PPC requirements for the other type of aircraft shall be deemed to have been met.
  3. The line check for each flight crew member referred to in condition 1(d) shall be conducted over a typical part of the air operator's route and it shall be completed in either the Airbus A330 or A340 aircraft.
  4. On successful completion of the initial PPC, a CRP shall meet the requirements of subsection 725.106 (7) of the CASS by completing the consolidation period on either the A330 or A340, or a combination of the two aircraft types.
  5. If at any time before the consolidation period ends a CRP is assigned to another aeroplane type, other than the A330 or A340, the CRP shall undergo refresher training with a training pilot or check pilot before resuming the consolidation process.

VALIDITY

This exemption is in effect until the earliest of:

    1. January 1st, 2009 at 23:59 EST;
    2. the date on which any condition set out in this exemption is breached;
    3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or
    4. the date on which this exemption is canceled 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 4th day of March 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Merlin Preuss
Director General,
Civil Aviation

 

705.106 Pilot Qualifications

  1. Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person…
    1. within the previous 90 days,
      1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in an aircraft of that type, or
      2. has completed five sectors assigned to duty as a flight crew member in an aircraft of that type…
    2. has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards.
    3. has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for the Airbus A330 or the Airbus A340 aircraft, in accordance with the Commercial Air Service Standards (CASS)…
  2. A pilot shall, on successful completion of a pilot proficiency check, meet the requirements of the consolidation period in accordance with the Commercial Air Service Standards.

705.113 Validity Period

  1. Subject to subsections (4) and (5), the validity period of a line check and of the training referred to in Section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.
  2. Subject to subsections (4) and (5), the validity period of a pilot proficiency check expires
    1. on the first day of the seventh month following the month in which the check was completed;
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