EXEMPTION FROM SUBSECTION 705.27(3) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 conducting operations pursuant to Subpart 705 of the CARs and the pilots-in-command at their employ from the requirements set out in subsection 705.27(3) of the Canadian Aviation Regulations (CARs), subject to the specified conditions in this exemption.

Subsection 705.27(3) of the CARs prohibits persons, other than those persons listed in the subsection, from being admitted to the flight deck.  The text of subsection 705.27(3) is set out in Annex A, attached.

PURPOSE

The purpose of this exemption is to permit Canadian air operators, who wish to offer their flight deck jump seat to commuting pilots, and their pilots-in-command conducting operations pursuant to Subpart 705 of the CARs to grant admission to a flight deck of an aeroplane on a domestic flight to pilots employed by other Canadian air operators.

APPLICATION

This exemption applies to Canadian air operators conducting operations in Canada pursuant to Subpart 705 of the CARs and pilots-in-command at their employ.  It applies only to the air operator who has amended its Company Operations Manual pursuant to condition 7 of this exemption.

CONDITIONS

This exemption is subject to the following conditions:

In these conditions:

“commuting pilot” means a pilot, employed by a Canadian air operator, who is requesting admission to the flight deck.

  1. The air operator and pilot-in-command shall not grant admission to the flight deck on international or trans-border flights.
  2. The air operator shall:
    1. establish a process to advise the pilot-in-command that the request of a specified commuting pilot to occupy the jump seat has been approved and that the pilot-in-command may grant admission to the flight deck to that commuting pilot;
    2. verify and confirm that the commuting pilot is currently employed by a Canadian air operator; and
    3. maintain a record of commuting pilots utilizing the flight deck jump seat that includes name, date, employing air operator and flight(s) involved, as a minimum.
  3. The pilot-in-command shall not grant admission to the flight deck to the commuting pilot unless:
    1. he or she has been advised by the air operator that the request of the commuting pilot has been approved by the air operator; and
    2. he or she has verified the identity of the commuting pilot by the means described in condition 4, below.
  4. The pilot-in-command shall verify the identity of the commuting pilot by examining and comparing his or her Restricted Area Identity Card (RAIC) with one of the following:
    1. a valid passport;
    2. a valid Airline Transport Pilot Licence and a valid Medical Certificate;
    3. a valid Commercial Pilot Licence and a valid Medical Certificate; or
    4. a valid company identification.
  5. The pilot-in-command shall deny admission to the flight deck for any security or safety of flight concern that he or she considers valid at that moment;
  6. The pilot-in-command shall not grant admission to the flight deck if there is a seat available for the commuting pilot in the passenger compartment; and
  7. The air operator shall include in its Company Operations Manual procedures for their personnel pertaining to the use of jump seats by commuting pilots, including the requirements set out in condition 2c) pertaining to records.

    Notes:
    Air operators are reminded that the Identity Screening Regulations apply to the commuting pilot. See Annex B, attached.
    Additional guidance material is set out in Annex C, attached.

VALIDITY

This exemption is in effect from _____(date) ______ until the earliest of the following:

  1. February 29th, 2012 at 23:59 EST;
  2. the date on which any condition set out in this exemption is breached; or
  3. the date on which this exemption is cancelled, in writing, by the Minister, where he is of the opinion it is no longer in the public interest or is likely to affect aviation safety.

CANCELLATION

The exemption from subsection 705.27(3) of the Canadian Aviation Regulations issued on 5 October 2009 at Ottawa, Ontario, Canada by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 20 day of October, 2010, signed on behalf of the Minister of Transport.

<<Original signed by>>

Martin J. Eley
Director General
Civil Aviation

Annex A

Admission to Flight Deck

705.27 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector’s duties, as determined by the inspector.

(3) No person shall be admitted to the flight deck of an aeroplane other than

  1. a flight crew member;
  2. a crew member performing their duties;
  3. an inspector referred to in subsection (1);
  4. in accordance with the procedures specified in the company operations manual,
    1. an employee of the air operator who is not a crew member performing their duties, and
    2. a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator; and
  5. a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

(4) The air operator shall verify

  1. in the case of a person referred to in paragraph (3)(d) or (e), the identity of the person by means of a personal photo identification issued by the air operator, its wholly owned subsidiary, its code share partner or a foreign government or a restricted area pass as defined in the Canadian Aviation Security Regulations, and
  2. in the case of a person referred to in paragraph (3)(d), the fact that
    1. the person is currently employed by the air operator, or by a wholly owned subsidiary or code share partner of the air operator; and
    2. no seat is available for the person in the passenger compartment.

(5) No person referred to in paragraph (3)(d), except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, shall be admitted to the flight deck if a seat is available in the passenger compartment.

Annex B

Identity Screening Regulations

SOR/2008-250

Boarding Gate

… 5. (1) An air carrier shall, at a boarding gate, screen any person who appears to be 18 years of age or older by asking the person for a restricted area identity card, one piece of government-issued photo identification that shows his or her name, or for two pieces of government-issued identification each of which shows his or her name.

(2) If the name on the restricted area identity card or the identification is not the same as the name on the person’s boarding pass, the air carrier shall compare the name on the restricted area identity card or the identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

(3) If the name on the restricted area identity card or the identification is the same as that of a person specified to the air carrier, the air carrier shall ask the person for one piece of government-issued photo identification that, in addition to showing his or her name, shows his or her date of birth and gender or for two pieces of government-issued identification, at least one of which shows his or her name, date of birth and gender.

(4) If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.

Annex C

Guidance

The following is intended to provide air operators, pilots-in-command, and commuting pilots with guidance in implementation of the conditions of the exemption.

1. This exemption applies to domestic flights only. It will not be used for international flights. Jump seating by commuting pilots of other air operators is not permitted on flights other than flights originating and terminating within Canada.
 
2. The air operator must be satisfied that the commuting pilot requesting admission to the flight deck is not a security threat by obtaining the necessary identification information and confirmation of current employment, and advise the pilot-in-command that he or she may grant that commuting pilot admission to the flight deck. The air operator will establish a process and determine the means used to so advise the pilot-in-command. For example: issue the commuting pilot with a boarding card for the jump seat, include the pilot’s name on the flight release, or telephone the pilot-in-command. The air operator must also confirm, and keep a record, that the commuting pilot is currently employed by a Canadian air operator each time a request is made for jump seat occupancy, via direct contact with the employer of the commuting pilot or by confirming the validity of the Restricted Area Identification Card (RAIC) at a RAIC reading station or by comparison of his/her current RAIC with his/her current Company identification.
The conditions of this exemption do not alleviate the air operator from the requirements contained in theIdentity Screening Regulations or the Canadian Aviation Security Regulations.

3. The pilot-in-command will not grant admission to the flight deck, to the commuting pilot, unless:

  • the air operator has given approval to the pilot-in-command for the commuting pilot in question; and
  • the pilot-in-command has been able to identify the commuting pilot using the documents listed in paragraph 4.

4. The commuting pilot needs to present the following documents to the pilot-in-command: a RAIC, and

  • a valid Passport;
  • a valid Airline Transport Pilot Licence and a valid Medical Certificate;
  • a valid Commercial Pilot Licence and a valid Medical Certificate; or
  • a valid company identification.
  • The commuting pilot must present a RAIC in all cases.
  • The documents presented need to be valid – i.e.: not expired. The expiry dates on the documents will need to be verified.
  • The names appearing on all documents need to be the same.
  • The documents all need to be authentic – i.e.: not tampered with, genuine.
  • If any of the documents are missing or do not appear genuine – the pilot-in-command is expected to deny admission to the flight deck.

5. The pilot-in-command has the final authority to grant admission to the flight deck. If the pilot-in-command has any security or flight safety concern about the pilot requesting admission to the flight deck - deny admission to the flight deck. There is no obligation on the pilot-in-command to grant a commuting pilot admission to the flight deck. If something does not seem right - deny admission to the flight deck.
 
6. If there is a seat available in the cabin, the commuting pilot will not be granted admission to the flight deck.

7. The air operator will need to document:

  • how they will verify the commuting pilot’s employment status
  • how they will authorize a commuting pilot to occupy the jump seat.
  • how they will advise the pilot-in-command of this authorization.

8. The commuting pilot is not a crew member and therefore is considered as a passenger with respect to CAR 705.104 - Flight Attendant Requirements.

9. Security Screening for the Commuting Pilot.

If an air operator chooses to issue the commuting pilot with a boarding pass that identifies them as a passenger, the commuting pilot is required to enter the restricted area by passing through pre-board screening (PBS). If the air operator issues a boarding pass to the commuting pilot that identifies them as deadheading crew, the commuting pilot may access the restricted area by use of his or her RAIC at a security bypass entrance. (Pilots should understand the security requirements set out in the Canadian Aviation Security Regulations and review Security Notice No. 130 for additional guidance).  A copy of the Security Notice can be obtained by contacting Michel Beland in Security Operations.

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