EXEMPTION FROM SUBSECTION 602.128(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt pilots-in-command of IFR aircraft operated pursuant to an air operator certificate, a foreign air operator certificate or a private operator certificate, from the requirement set out in subsection 602.128(1) of the Canadian Aviation Regulations (CARs) that no pilot-in-command of an Instrument Flight Rules (IFR) aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory, subject to the conditions contained herein.  

Purpose

Instrument procedures are no longer published in the route and approach inventory or published and attached to operations specifications. The purpose of this exemption is to allow any pilot-in-command of an IFR aircraft operated pursuant to an air operator certificate, a foreign air operator certificate or a private operator certificate, to conduct instrument approach procedures using minima specified in the Restricted Canada Air Pilot.

Application

This exemption applies to the pilots-in-command of IFR aircraft operated pursuant to an air operator certificate, a foreign air operator certificate or a private operator certificate.

Interpretation

For the purpose of this exemption:

"Restricted Canada Air Pilot" - means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister of Transport.

Conditions

This exemption is subject to the following conditions:

  1. No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure unless the minima published in the Restricted Canada Air Pilot are observed.
  2. No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure published in the Restricted Canada Air Pilot unless all requirements published on or with the instrument procedure being conducted are complied with.
  3. When not conducting an instrument approach procedure in accordance with the minima specified in the Restricted Canada Air Pilot the pilot-in-command of an IFR aircraft shall continue to meet the requirements of subsection 602.128(1) of the CARs by conducting an instrument approach procedure to the minima that are contained in the Canada Air Pilot.

Validity

The exemption is effective starting the 2nd day of September 2005 at 23:59 EDT and remains in effect until the earliest of the following:

  1. 23:59 EST on 01 March, 2007;
  2. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect;
  3. the date on which any of the conditions set out in this exemption is breached; or
  4. the date on which the exemption is cancelled by the Minister, in writing, 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, Canada this 29th day of June 2005, on behalf of the Minister of Transport.

Original signed by Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

Originator: Rick Sauro (AARXB) ______

AARXB: _____ AARX: ______ AARBH: ______

 

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