NCR-065-2020
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt Canadian private operators operating under Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs) from the requirements set out in subsection 605.24(2) of the CARs, subject to the conditions set out below.
The above mentioned provision is reproduced in Appendix A.
Purpose
The purpose of this exemption is to allow stakeholders to continue operations in the environment created by the COVID-19 pandemic.
More specifically, this exemption will allow Canadian private operators operating under Subpart 4 of Part VI of the CARs to operate its aeroplanes when not all flight attendants are occupying a certified flight attendant station equipped with a shoulder harness.
Application
This exemption applies to Canadian private operators operating under Subpart 4 of Part VI of the CARs for the purpose of operating its aeroplanes when not all flight attendants are occupying a certified flight attendant station equipped with a shoulder harness.
This exemption ceases to apply to the Canadian private operator who breaches a condition of this exemption.
Conditions
This exemption is subject to the following conditions:
- A private operator who has assigned two or more flight attendants to a flight may operate the aeroplane with one or more flight attendants occupying an available passenger seat if
- a) each flight attendant occupying an available passenger seat has been displaced to facilitate physical distancing recommendations;
- b) the displaced flight attendant occupies the passenger seat that is most accessible to the original flight attendant seat, so as to most effectively perform assigned duties;
- c) procedures are established and used to ensure that an acceptable level of safety is achieved with the displacement of each flight attendant, in particular for evacuation of passengers, taking into account the procedures established in accordance with paragraph 604.197(1)(i) of the CARs, and any change of procedures; and
- d) at least one flight attendant occupies a flight attendant seat equipped with a safety belt that includes a shoulder harness at each pair of floor level exits.
- A copy of this exemption shall be carried on board the aeroplane.
Validity
This exemption is in effect until the earliest of the following:
- a) August 31st, 2020 at 23:59 EDT; or
- b) 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 is likely to adversely affect aviation safety or security.
Dated at Ottawa, Ontario, on this 8th day of May, 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Relevant provisions of the Canadian Aviation Regulations
General Requirement
- 604.197(1) A private operator shall have an operations manual that sets out the processes, practices and procedures applied in the course of its operations. The operations manual shall include a table of contents and shall deal with the following topics:
- (a) […]
- (i) the procedures to follow in normal, abnormal and emergency conditions;
- (j) the private operator’s standard operating procedures, if any;
- (k) […]
Shoulder Harness Requirements
- 605.24 (1) […]
- (2) Except as provided in section 705.75, no person shall operate a transport category aeroplane unless each flight attendant seat is equipped with a safety belt that includes a shoulder harness.
- (3) […]
General Use of Safety Belts and Restraint Systems
- 605.25(1) […]
- (4) Where an aircraft is experiencing turbulence and the in-charge flight attendant considers it necessary, the in-charge flight attendant shall
- (a) direct all of the passengers to fasten their safety belts; and
- (b) direct all flight attendants to discontinue duties relating to service, to secure the cabin, to occupy the assigned seats and to fasten the safety belts provided and to do so oneself.
- (5) Where the in-charge flight attendant has given directions in accordance with subsection (4), the in-charge flight attendant shall so inform the pilot-in-command.
Use of Crew Member Safety Belts
- 605.27(1) Subject to subsection (2), the crew members on an aircraft shall be seated at their stations with their safety belts fastened
- (a) during take-off and landing;
- (b) at any time that the pilot-in-command directs; and
- (c) in the case of crew members who are flight attendants, at any time that the in-charge flight attendant so directs pursuant to paragraph 605.25(4)(b).
- (2) Where the pilot-in-command directs that safety belts be fastened by illuminating the safety belt sign, a crew member is not required to comply with paragraph (1)(b)
- (a) during movement of the aircraft on the surface or during flight, if the crew member is performing duties relating to the safety of the aircraft or of the passengers on board;
- (b) where the aircraft is experiencing light turbulence, if the crew member is a flight attendant and is performing duties relating to the passengers on board; or
- (c) if the crew member is occupying a crew rest facility during cruise flight and the restraint system for that facility is properly adjusted and securely fastened.
- (3) The pilot-in-command shall ensure that at least one pilot is seated at the flight controls with safety belt fastened during flight time.