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 the pilot-in-command of an IFR operated aircraft from the requirements set out in subsection 602.128(1) of the Canadian Aviation Regulations (CARs), subject to the conditions specified in this exemption.

Subsection 602.128(1) of the CARs stipulates that no pilot-in-command of an 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.

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.

PURPOSE

The purpose of this exemption is to allow the pilot-in-command of an IFR operated aircraft to conduct instrument approach procedures using minima specified in the Restricted Canada Air Pilot.

APPLICATION

This exemption applies to the pilot-in-command when flying  in an IFR operated aircraft  pursuant to an air operator certificate (AOC), a foreign air operator certificate (FAOC) or a private operator certificate (POC).

CONDITIONS

This exemption is subject to the following conditions:

1. When conducting an instrument approach procedure published in the Restricted Canada Air Pilot, the pilot-in-command of an IFR operated aircraft shall:
   1. be employed by an air operator or a private operator who holds the appropriate Operations Specification for the instrument approach procedure being flown;
   2. conduct the instrument approach in accordance with the published minima; and
   3. comply with the conditions specified in the Operations Specification and with any conditions included with the published instrument approach procedure.
2. 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 operated aircraft shall meet the requirements of subsection 602.128(1) of the CARs, by conducting an instrument approach procedure to the minima contained in the Canada Air Pilot.

VALIDITY

This exemption is in effect starting the 1^st day of September, 2009 at 00:01 EDT and remains in effect until the earliest of the following:

1. March 1^st, 2011 at 23:59 EST;
2. the date on which any of the conditions set out in this exemption is breached; or
3. 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, Ontario, Canada this 17^th day of juillet 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Judy Rutherford for

Martin J. Eley
Director General
Civil Aviation

Date de modification :

2009-08-1