EXEMPTION FROM SUBSECTION 604.31(1) OF THE INTERIM ORDER RESPECTING PRIVATE OPERATORS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Private Operators from the requirements of subsection 604.31(1) of the Interim Order Respecting Private Operators dated 31 May 2013, subject to the conditions set out below.

PURPOSE

The purpose of this exemption is to permit Private Operators to operate aeroplanes that meet the conditions specified below, with a ratio of one flight attendant per 50 passenger seats as opposed to a ratio of one flight attendant for each unit of 40 passengers as prescribed by subsection 604.31(1).

APPLICATION

This exemption applies to all Private Operators holding a Temporary Private Operator Certificate who operate aircraft that meet the conditions set out below.

CONDITIONS

This exemption is subject to the following conditions:

  1. A private operator may operate an aeroplane configured for 50 or fewer passenger seats with only one flight attendant if:

    1. the aeroplane is type-certificated to the airworthiness standards for transport category airplanes set out in Title 14 Code of Federal Regulations Part 25, Amendment 25-51 or later;

    2. the aeroplane has met the emergency evacuation demonstration requirements set out in section 525.803 of the Airworthiness Manual or their equivalent, using no more than one flight attendant for the demonstration;

    3. the public address system and the crew member interphone system at the approved flight attendant take-off and landing station are operative;

    4. emergency and normal procedures set out in the flight attendant manual clearly reflect the differences for when only one flight attendant is on board and for when more than one is on board; and

    5. the flight attendant is assigned to occupy the approved flight attendant take-off and landing station located near a floor-level exit.

  2. Despite condition 1(c), an aeroplane whose public address system is inoperative may be operated for a maximum of three consecutive flight cycles if:

    1. alternative operating procedures are specified in the private operator’s company operations manual;

    2. the crew member interphone system, including the associated calls or chimes, is operative;

    3. a megaphone is readily available and operative;

    4. the aeroplane is not departing from a maintenance base;

    5. self-extension relief is not applied to this item of the minimum equipment list;

    6. a second flight attendant is added to the crew at the first opportunity; and

    7. if the aeroplane is departing from a flight attendant base, a second flight attendant is added and is assigned to a flight attendant station or, for aeroplanes equipped with only one flight attendant station, to an aisle passenger seat in an exit row.

VALIDITY

This exemption is in effect from April 1st, 2014 at 00:01 EDT and valid until the earliest of:

  1. September 30th, 2015 at 23:59 EDT;

  2. the date on which any condition set out in this exemption is breached;

  3. the date on which the proposed regulations respecting private operators come into effect; or

  4. the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada on this 31st day of March, 2014, on behalf of the Minister of Transport.

 

"Original signed by Aaron McCrorie"

 (for)

Martin J. Eley
Director General
Civil Aviation

 

Appendix A
Admission to Flight Deck

Relevant provisions of the “Interim Order Respecting Private Operators”

604.31 Flight Attendants

(1) Subject to subsection (2), no person shall conduct a take-off in an aircraft that is specified in a temporary private operator certificate and that has more than 12 passengers on board unless the crew includes one flight attendant for each unit of 40 passengers or for each portion of such a unit.

(2) A flight attendant is not required on board an aircraft with 13 to 19 passengers if

(a) the aircraft is equipped with a pilot-in-command station and a second-in-command station and is operated by a pilot-in-command and a second-in-command;

(b) the passenger cabin is readily accessible from the flight deck; and

(c) the flight crew members are able to exercise supervisory control over the passengers during flight by visual and aural means.

 

Relevant provisions of the CBAA Business Aviation Operational Safety Standards (BAOSS)

Flight Attendant Requirements

5.9 To operate an aircraft with more than 12 passengers on board an aircraft operator must assign at least one flight attendant for each unit of 50 passengers or portion thereof.

5.10 A flight crew member may be assigned to perform flight attendant duties when:

a. there are fewer than 20 passengers on board;

b. the aircraft has more than one flight crew member; and,

c. the assigned crew member can readily exercise supervisory control over the passengers during flight

 

Relevant provisions of the CARs

 

604.16 Flight Attendant Requirement
(superseded 2005/11/15)

(1) Subject to subsection (2), no private operator shall operate an aircraft with more than 12 passengers on board unless the crew includes at least one flight attendant for each unit of 40 passengers or portion thereof.

(2) Unless otherwise specified in the aircraft flight manual, a flight attendant is not required on board an aircraft with fewer than 20 passengers on board if

(a) the aircraft is equipped with a pilot-in-command station and a second-in-command station and is operated by a pilot-in-command and a second-in-command;

(b) the passenger cabin is easily accessible from the flight deck; and

(c) the flight crew can exercise supervisory control over the passengers during flight by visual and aural means.

 

705.104 Flight Attendant Requirements

(1) Subject to subsection (3), no air operator shall operate an aircraft with passengers on board unless the crew includes at least the following number of flight attendants:

(a) 1 to 40 passengers on board, one attendant;

(b) 41 to 80 passengers on board, two attendants; and

(c) 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof.

(2) …

(3) An air operator may operate an aircraft with passengers on board with a crew that includes fewer than the minimum number of flight attendants required by subsection (1), if the air operator

(a) is authorized to do so in its air operator certificate; and

(b) complies with the Commercial Air Service Standards.

Relevant provisions of the Commercial Air Service Standards

725.104 Flight Attendant Requirements

(1) …

(2) An aeroplane that has met the emergency evacuation demonstration requirements of section 525.803 of the Airworthiness Manual or equivalent, using no more than one flight attendant for the compliance test and has been approved by Transport Canada Civil Aviation, Aircraft Certification, may be operated with one flight attendant provided:

(a) the aeroplane is configured for 50 or less passenger seats;

(b) the aeroplane has been type certificated to FAR 25, Amendment 25-51 or later;

(c) subject to subsection (3), the public address system and the crew member interphone system at the approved flight attendant take-off and landing station referred to in paragraph (e) is serviceable;

(d) emergency and normal procedures in the flight attendant manual clearly reflect the differences when one flight attendant is carried and when more than one flight attendant is carried; and

(e) the flight attendant is assigned to occupy the approved flight attendant take-off and landing station located near a floor level exit.

(3) Despite the requirements of the Minimum Equipment List (MEL), an air operator may operate an aeroplane referred to in paragraphs (2)(a) and (b) with the public address system inoperative for 3 consecutive flight cycles, provided that the following conditions are met:

(a) alternate operations procedures are specified in the air operator’s company operations manual,

(b) the crew member interphone system with associated calls/chimes is operative,

(c) a megaphone is readily available and operative,

(d) the aeroplane is not being operated from a maintenance base,

(e) self-extension relief is not applied to this item,

(f) a second flight attendant is added to the crew at the first opportunity, and

(g) if the aircraft is being operated from a flight attendant base, a second flight attendant is added and is assigned to a flight attendant station, or, for aircraft equipped with only one flight attendant station, to an aisle passenger seat at an exit row.

Report a problem with this page

Date modified: