EXEMPTION FROM SUBPARAGRAPHS 705.124(2)(b)(i)(ii) & (iii) AND CLAUSES 705.124(2)(b)(iv)(B) & (E) OF THE CANADIAN AVIATION REGULATIONS AND SUBSECTION 725.124(34) and PARAGRAPH 725.124(39)(a) OF THE COMMERCIAL AIR SERVICE STANDARDS AND SECTIONS 7.1,7.2...

From: Transport Canada

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 Sunwing Airlines Inc. (hereinafter “Sunwing”), 27 Fasken Drive, Etobicoke, Ontario, Canada, M9W 1K6 from the requirements set out in subparagraphs 705.124(2)(b)(i), (ii), (iii) and clauses 705.124(2)(b)(iv)(B) & (E) of the Canadian Aviation Regulations  and subsection 725.124(34) and paragraph 725.124(39)(a) of the Commercial Air Service Standards and sections 7.1,7.2.2(iii), 7.3, 7.5, 7.7, 7.8.5, 7.8.6 and 7.9 and any other relevant sections1 pertaining to the Flight Attendant Training Standard (TP 12296E) made pursuant to paragraph 705.124(1)(b) of the Canadian Aviation Regulations.  This exemption is subject to the following conditions.

Subparagraphs 705.124(2)(b)(i), (ii) and (iii) stipulate that an air operator’s training program shall include, in respect of flight attendants, aviation indoctrination, line indoctrination training and in-charge training where applicable.

Clauses 705.124(2)(b)(iv)(B) and (E) stipulate that an air operator’s training program shall include, in respect of flight attendants, initial and annual training, including aircraft type training and first aid training.

Subsection 725.124(34) stipulates the requirements for the line indoctrination training for flight attendants.

Paragraph 725.124(39)(a) stipulates that an air operator shall provide Crew Resource Management Training (CRM) in initial training that shall include attitudes and behaviors; communication skills, problem solving; human factors; conflict resolution; decision making; team building and maintenance; workload management; relationship of crew members; review of accidents/incidents of air operators; presentation and discussion of selected coordinated emergency procedures (practice of CRM skills); and crew member evacuation drills, including debriefing.

PURPOSE

This exemption will permit Sunwing to:

  1. modify its approved Flight Attendant Initial Training Program, which has been approved by the Minister as required by paragraph 705.124(1)(b) of the Canadian Aviation Regulations, by excluding those training items listed in the attached Appendix A;
  2. operate the aircraft identified in Appendix B; and
  3. deliver this modified training to Excel Airways (hereinafter “Excel”) flight attendants who will be participating in the Extended Charter Agreement between Sunwing and Excel.

APPLICATION

This exemption applies to Sunwing only for the training of those Excel flight attendants who are assigned to flights that are conducted as part of the Extended Charter Agreements between Sunwing and Excel for the period of May 1, 2007 to October 31, 2007.  A copy of the Extended Charter Agreements is attached at Appendix C to this exemption.

CONDITIONS

 This exemption is subject to the following conditions:

  1. Sunwing shall, by the commencement of training, have obtained from Excel documented evidence, to be retained on Sunwing’s records, demonstrating that each Excel flight attendant, assigned to duty on the Sunwing Boeing 737-800 aircraft.
    1. is a qualified Flight Attendant with Excel of 1 year flying experience;
    2. has completed First Aid training within the required three year period;
    3. has completed the following training in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard(TP 12296E)  made pursuant to paragraph 705.124(1)(b) of Canadian Aviation Regulations:           
      1. Aviation First Aid Training;
      2. Public Address System and Interphone System Drills;
      3. Normal Door Operations;
      4. Over-wing Exit Operation;
      5. Aircraft Slide Drill;
      6. Emergency Door exit operation drill;
      7. Slide Jump;
      8. Live Firefighting Drill;
      9. Cabin Fire-fighting Drill as a Primary Firefighter;
      10. Therapeutic Oxygen Drill;
      11. Theory of Flight;
      12. Aviation Terminology;
      13. Emergency Equipment Section
      14. Line Indoctrination;
      15. B737-800 Aircraft Specific;
      16. Crew Resource Management Training. 
      17. Pilot Incapacitation. 
  2. Sunwing shall provide to the Excel flight attendants a Sunwing competency card bearing: name, training date and Instructor’s signature, which must be carried while on duty;
  3. Sunwing shall provide to the Excel flight attendants a Sunwing Flight Attendant Manual, which must be carried while on duty;
  4. Sunwing shall assign an individual from their own operation who is trained to Sunwing standards and safety training requirements to monitor the operation and forward all In-flight reports that contain safety-related issues to the Sunwing Flight Attendant Manager for review and action as deemed appropriate;
  5. Sunwing shall ensure that Excel Flight Attendants participating in this modified Initial Training have a minimum of one season flying experience and are currently qualified as an Excel flight attendant;
  6. Sunwing shall as identified in their risk assessment conduct their own Safety Management oversight of this Extended Charter using the principles established in their SMS program;
  7. Sunwing shall obtain Line Indoctrination information prior to the commencement of training on each Excel flight attendant, which identifies the aeroplane type, date, and flight number and will specify individual or group format.  This information shall be kept on their Sunwing training file for audit purposes;      
  8. Sunwing shall obtain a copy of the approved and updated Excel Flight Attendant Manual and forward it to Transport Canada.  Sunwing shall make arrangements with FCA to keep this Flight Attendant Manual up to date;
  9. Sunwing shall provide training to Excel Flight Attendants that includes at least one prepared land evacuation drill and at least one ditching drill as a crew member in accordance with the requirements of 7.4.5 of the Initial Part Seven, Flight Attendant Initial Training Standard (TP12296E);
  10. Sunwing shall ensure and document on the training record that the Excel Flight Attendants have completed and met the requirement of the Cabin Firefighting Drill as a Primary Firefighter in accordance with the requirements of section 7.8.6 of the Initial Part Seven, Flight Attendant Initial Training Standard (TP12296E);
  11. Sunwing shall operate its aircraft on this extended charter agreement in accordance with its air operator certificate (AOC) # _10865  and section 720.06 of the Commercial Air Service Standards; and
  12. A copy of this exemption shall be carried in the aircraft journey log.

VALIDITY

 This exemption is in effect until the earliest of:

  1. 23:59 EST on November 15, 2007;
  2. the date on which one of the agreements between Sunwing and Excel is terminated;
  3. the date on which any condition 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 that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada on this 22nd day of May, 2007 on behalf of the Minister of Transport, Infrastructure and Communities. 

OSB – M. Preuss 

Merlin Preuss
Director General
Civil Aviation

APPENDIX C

SUNWING AIRLINES INC.

And

EXCEL AIRWAYS  

B737-800 AIRCRAFT “EXTENDED CHARTER AGREEMENTS”

FOR

ONE BOEING B737-800

REGISTRATION   C-FTAH

ONE BOEING B737-800

REGISTRATION  C-GOAF

ONE BOEING B737-800

REGISTRATION C-FTAE

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