EXEMPTION FROM SUBSECTION 705.104(1) OF THE CANADIAN AVIATION REGULATIONS

Whereas Section 101.01 of the Canadian Aviation Regulations (CARs) defines the term “crew member” as a person assigned to duty in an aircraft during flight time and “passenger” as a person, other than a crew member, who is carried on board an aircraft.

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 affect aviation safety, I hereby exempt Canadian air operators operating under subpart 705 of the CARs from the requirements set out in Subsection 705.104(1) of theCARs, subject to the conditions set out below. 

Section 705.104 of the CARs states, in part,

“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:

1. 1 to 40 passengers on board, one attendant;
2. 41 to 80 passengers on board, two attendants; and
3. 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof…”

PURPOSE

The purpose of this exemption is to allow Canadian air operators operating under subpart 705 of the CARs, when determining the minimum number of required flight attendants for a particular flight, to exclude from the count those passengers carried in the flight deck.

APPLICATION

This exemption applies to Canadian air operators operating under subpart 705 of the CARs. 

 CONDITIONS

This exemption is subject to the following conditions:

1. When passengers are carried on board, the air operator shall operate the aircraft with at least the following number of flight attendants:
   
   1. 1 to 40 passengers on board, one flight attendant;
   2. 41 to 80 passengers on board, two flight attendants; or
   3. 81 or more passengers on board, one flight attendant for each unit of 40 passengers or portion thereof;
2. When determining the number of passengers on board, the air operator shall count all passengers, except for those passengers identified in paragraphs 705.27(3)(c), (d) or (e) of the CARs as well as those passengers who have been given access to the flight deck in accordance with the conditions set out in the exemption from subsection 705.27(3) of the CARs issued to Canadian air operators and pilots-in-command on June 11th, 2008 (Tracking number NCR #047-2008);
3. The air operator shall not admit to the flight deck those passengers identified in paragraph 705.27(3)(d) of the CARs unless all passenger seats in the passenger compartment are occupied, except for an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties;
4. The pilot-in-command shall ensure that all passengers in the flight deck are provided with a passenger briefing in accordance with Section 602.89 of the CARs;
5. The air operator shall ensure that a safety features card is provided for each passenger that occupies a flight deck observer seat; and
6. This exemption shall be carried on board the aircraft at all times.

VALIDITY

This exemption is in effect until the earliest of:

1. 23:59 Eastern Daylight Time on September 30, 2009;
2. the date on which any condition set out in this exemption is breached; or
3. the date on which this exemption is canceled in writing by the Minister 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 on this 9^th day of  June 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Merlin Preuss on June 9, 2009.

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2009-11-3