EXEMPTION FROM SUBSECTION 701.02(2) AND PARAGRAPH 701.19(a) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 all foreign air operators from the requirements set out in subsection 701.02(2) and paragraph 701.19(a) of the Canadian Aviation Regulations subject to the attached Schedule of Conditions.

Subsection 701.02(2) states that a person is not required to hold a Canadian Foreign Air Operator Certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20, or 701.21.

Paragraph 701.19(a) states that for the purposes of Section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if, in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian Foreign Air Operator Certificate and complies with the Commercial Air Service Standards.

PURPOSE AND APPLICATION

The purpose of this exemption is to allow foreign air operators to conduct No Alternate-IFR flights, in Canada, without being the holder of a Canadian Foreign Air Operator Certificate. This exemption applies only to foreign air operators operating multi-engine turbine powered airplanes when landing in Canada below published landing minima in the event of a flight diversion, a landing due to technical reasons, or for refueling purposes.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. November 7, 2005, 23:59 EST;
  2. the date on which any of the conditions set out in the Schedule of Conditions attached to this exemption are breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations, or related standards comes into effect; or
  4. 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 it is likely to affect aviation safety. 

Dated at Ottawa, Canada this 14th day of November, 2003, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt for

Merlin Preuss
Director General
Civil Aviation

EXEMPTION FROM SUBSECTION 701.02(2) AND PARAGRAPH 701.19(a) OF THE CANADIAN AVIATION REGULATIONS SCHEDULE OF CONDITIONS

“No Alternate-IFR flights”

This exemption shall be subject to the following conditions:

  1. Take-off aerodrome shall be:

    1. situated within the North American continent, the Caribbean Islands and Bermuda; and
    2. not more than six hours of scheduled flight time from the aerodrome of intended landing;

  2. Aerodrome of intended landing authorized for no alternate IFR shall meet the requirements of Subsection (3) below;

  3. Provided the requirements of paragraphs 4, 5, 6, 7, 8 and 9 of the conditions below are met, the pilot-in-command may refile “No Alternate IFR” on flights to a destination aerodrome in Canada, regardless of the location of the departure aerodrome, when within six hours of the scheduled destination aerodrome;

  4. For at least one (1) hour before and until one (1) hour after the estimated time of arrival at the aerodrome of intended landing, there shall be, in respect to that aerodrome:

    1. no risk of fog or other restriction to visibility, including precipitation, forecast or reported, below 3 miles;
    2. no risk of thunderstorms isolated or otherwise forecast or reported;
    3. a forecast ceiling of at least 1,000 feet above FAF altitude and a visibility of at least 3 miles or a ceiling of at least 1,500 feet above the MDA and a visibility of at least 6 miles; and
    4. no risk of freezing rain, freezing drizzle, or sleet forecast or reported;
  5. Subject to paragraph 6, the aerodrome of intended landing shall be:



    1. equipped with at least two (2) separate runways each of which shall be operational and suitable for a safe landing for the aeroplane type, taking into consideration the approved operational limitations; and
    2. equipped with emergency or standby electrical power supply in support of the main electrical power supply used to operate all equipment and facilities that are essential to the safe landing of the aeroplane, whether such landing be by day or by night.

  6. The reciprocal of one runway is not acceptable as the second runway.

  7. The minimum fuel required for a no alternate IFR flight plan shall consist of:

    1. taxi fuel;
    2. fuel to destination;
    3. contingency fuel;
    4. holding reserve fuel; and
    5. fuel for flights in International and Northern Airspace shall be additional contingency fuel or enroute reserve fuel, whichever is the greater.

  8. Pilots shall be thoroughly familiar with all suitable diversionary aerodromes which are available (within the fuel and oil reserve carried) in respect of any flight operated on a "no alternate IFR" basis; and

  9. Foreign air operators shall hold the appropriate Operations Specifications, Special Authorizations/Approvals from its Regulatory Authority.
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