Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt :
the operators of designated airports that are providing aircraft fire-fighting services pursuant to Subpart 303 of the Canadian Aviation Regulations (CARs) from subsection 303.04(2) and section 303.07 of the CARs; and
the operators of designated airports and the operators of participating aerodromes or airports that are providing aircraft fire-fighting services pursuant to Subpart 303 of the CARs from section 303.13, subject to the following conditions.
The requirements of the above provisions are detailed in Appendix A.
The purpose of this exemption is :
- To exempt designated airport operators from the requirement to provide
aircraft fire-fighting services, with respect to aircraft using the airport,
for the purposes of :
- a cargo-only flight;
- a ferry flight;
- a positioning flight;
- a training flight where no fare-paying passengers are on board;
- the diversion of a flight;
- flight planning to an alternate aerodrome; or
- the departure of an aircraft referred to in paragraph (e) or (f), where the departure is conducted in accordance with subsection 602.96(8).
- To exempt designated airport operators during published hours of operations from the requirement to provide aircraft fire-fighting services at a critical category higher than the critical category of the aircraft using the airport when there is an anticipated period of one or more hours of movement of aircraft of a lower AFF category.
- To exempt the operators of designated airports and the operators of
participating airports or aerodromes from maintaining aircraft fire-fighting
personnel within the airside portion of the airport or aerodrome.
This exemption applies to the operators of designated airports and the operators of participating aerodromes or airports that are providing aircraft fire-fighting services pursuant to Subpart 303 of the CARs.
This exemption shall be subject to the following conditions :
1. Designated airport operators
- The critical category of AFF may be reduced to a critical category
commensurate with the level of the aircraft activity providing that:
- the reduced requirement is documented by the airport operator and;
- notification of the reduced critical category of AFF is given to the appropriate air traffic control unit or flight service station for publication in a NOTAM.
- All flights relating to this exemption for which the AFF service was not provided shall be documented.
2. Designated airport operators and operators of participating aerodromes or airports
- During the hours of operation of the aircraft fire-fighting service, there shall be available at least the minimum number of trained aircraft fire-fighting personnel that are necessary to operate the number of aircraft fire-fighting vehicles required and to apply the quantity of water and the total discharge capacity prescribed in section 303.09 of the CARs.
- The fire-fighting personnel required by the above condition shall be located at a physical location at or in the vicinity of the airport or aerodrome that will permit them to meet the requirements of the response test set out in section 303.18 of the CARs.
This exemption comes into force on January 1,2003 and is in effect until the earliest of the following:
- at midnight December 31, 2003;
- the date on which any of the conditions set out in this exemption is breached;
- the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations, or related standards comes into effect; or
- 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, this 23rd day of December, 2002 on behalf of the Minister of
Original signed by
- Date de modification :