EXEMPTION FROM SUBSECTION 571.06(1) and PARAGRAPH 705.80(5)(b) of the CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt:

Voyageur Airways Limited, 1500 Airport Road, North Bay, Ontario, P0H 1P0, operating aircraft DeHavilland DHC‑8-314, serial number 319, registration C‑FEXZ, under Subpart 705 of the Canadian Aviation Regulations (CARs) when introducing modifications to the flight deck compartment door in order to provide additional security features, from the requirements of paragraph 705.80(5)(b) of the CARs subject to the conditions of this exemption.

Persons signing the maintenance release in respect of modifications introduced by Voyageur Airways Limited, 1500 Airport Road, North Bay, Ontario, P0H 1P0, to the flight deck compartment door on DeHavilland DHC‑8-314, serial number 319, registration C‑FEXZ, in order to provide additional security features, from the requirements of subsection 571.06(1) of the CARs, subject to the conditions of this exemption.

The details of the above provisions are provided in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to:

  • Permit Voyageur Airways Limited to operate DeHavilland DHC‑8-314, serial number 319, registration C‑FEXZ, with a flight deck door that does not satisfy the requirements of paragraph 705.80(5)(b) of the CARsbecausethe door does not have a locking device which may be operated from each flight crew member’s position;
  • Permit Voyageur Airways Limited to modify the flight deck compartment door on DeHavilland DHC‑8-314, serial number 319, registration C‑FEXZ, in accordance with the data approved under Transport Canada Supplemental Type Certificate (STC) SA03‑70 but without the Cockpit Door Electro-mechanical Strike Installation as required by that approval; and
  • Where Voyageur Airways Limited has introduced the above modifications, permit persons to sign the maintenance release of the modified aeroplane, with a specific time limit within which, additional modifications will be embodied to fully satisfy the requirements to conform to approved data.

APPLICATION

This exemption applies to:

Voyageur Airways Limited when introducing DeHavilland DHC-8-314, serial number 319, registration C-FEXZ, into commercial air service under Subpart 705 of the Canadian Aviation Regulations, until the required components of the flight deck door remote locking mechanism become available and are installed on the aeroplane; and

Voyageur Airways Limited when introducing modifications to the flight deck compartment door on DeHavilland DHC-8-314, serial number 319, registration C‑FEXZ, in order to provide additional security features; and

Persons signing the maintenance release, in respect of modifications introduced by  Voyageur Airways Limited, to the flight deck compartment door, in order to provide additional security features.

CONDITIONS

This exemption is subject to the following conditions:

  1. The maintenance release shall include a reference to this exemption specifying that the release is not valid after 31st July 2006, unless remote locking mechanism required by STC SA03‑70 is installed prior to this date;
  2. Voyageur Airways Limited shall have a flight deck door that meets the requirements of subsections 705.80(1) to (4) and paragraph (5)(a) of the CARs, installed on DeHavilland DHC-8-314, serial number 319, registration C‑FEXZ; and
  3. A copy of this exemption shall be carried on board the aeroplane.

VALIDITY

This exemption comes into effect on 12th May 2006 and is in effect until the earliest of the following:

  1. 31st July 2006, 23:59 EDT;
  2. The date upon which the remote locking mechanism required by STC SA03‑70 is installed on the aircraft;
  3. The date upon which any condition specified in the exemption is breached; or
  4. The date on which the 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 Toronto, Ontario, Canada, this 11th day of May 2006, on behalf of the Minister of Transport.

Original signed by

M. Stephenson
Regional Director Civil Aviation
Ontario Region

APPENDIX A

Repairs and Modifications (CARs)

571.06 (1) Except as provided in subsection (5) and in the case of aircraft that are operated under a special certificate of airworthiness in the owner-maintenance classification, a person who signs a maintenance release in respect of a major repair or major modification on an aeronautical product shall ensure that the major repair or major modification conforms to the requirements of the relevant technical data

(a) that have been approved or the use of which has been approved within the meaning of the term "approved data" in section 571.06 of the Airworthiness Manual; or

(b) that have been established within the meaning of the term "specified data" in section 571.06 of the Airworthiness Manual.

Airworthiness Manual Section 571.06

“approved data” - includes:

(a) type certificates, supplemental type certificates, limited supplemental type certificates, or repair design approvals, including equivalent foreign documents which have undergone the familiarization or validation process set-out in Subpart 511 of the CARs, or are otherwise accepted in Canada; and

(b) other drawings and methods approved by the Minister or a delegate in conformity with paragraph 4.2(o) and subsection 4.3(1) of the Aeronautics Act.

Doors and Locks (CARs)

705.80 (1) Subject to subsections (3) and (4), no person shall operate an aeroplane in respect of which an initial type certificate was issued after January 1, 1958 unless the aeroplane is equipped with

(a) in the case of a passenger-carrying aeroplane,

(i) a door between the flight deck and the passenger compartment, and

(ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from the passenger compartment, a door between the crew rest facility and the passenger compartment; and

(b) in the case of an all-cargo aeroplane that was equipped with a flight deck door on January 15, 2002, 

(i) a door between the flight deck and a compartment occupied by a person, and

(ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from a compartment occupied by a person, a door between the crew rest facility and the compartment.

(2) The doors required by subsection (1) shall be equipped with a locking device that can be unlocked only from inside the flight deck or the crew rest facility, as the case may be.

(3) A key shall be readily available to each crew member for each door that separates a passenger compartment or a compartment occupied by a person from an emergency exit, with the exception of a door required by subsection (1).

(4) No crew member, except a flight crew member, shall have a key to a door required by subsection (1) at any time from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival unless the locking device required by subsection (2) is installed and locked.

(5) No person shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless

(a) each door meets the design requirements of section 525.795 of the Airworthiness Manual in effect on May 1, 2002; and

(b) the locking device required by subsection (2) and any other system used to control access to the flight deck can be operated from each flight crew member position.

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