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 Air Canada rouge, 7373 Cote-Vertu Boulevard West, St-Laurent, Quebec, H4S 1Z3, operating under Supbart 5 of Part VII of the Canadian Aviation Regulations (CARs), from the requirements of subsection 705.40(4) of the CARs and subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards (CASS) made pursuant to section 705.40 of the CARs, subject to the conditions set out below.
Subsection 705.40(4) requires that for the purposes of s, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual.
Subclause 725.40(3)(a)(iii)(B)(I) of the CASS requires that portable two-way radio communication devices use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit.
The purpose of this exemption is to allow Air Canada rouge operating under Subpart 705 of the CARs to enable, during the cruising phase of flight and once the aeroplane is operating at or above 10,000 feet ASL, the WiFi Onboard Connectivity installed on board its A319 and B767 aeroplanes which are equipped with an In-flight Entertainment (IFE) system featuring wireless streaming of content to portable electronic devices (PEDs). The IFE system is branded Player TM in English or le Lecteur TM in French.
The contents of this system include movies, television episodes, music, destination information and ACr-related information. Player works with laptops (PC or MAC) and Apples’s iPAD, IPhone, and iPOD Touch. There are several wireless access points installed in the aircraft ceiling that distribute content to passengers.
This exemption applies to Air Canada rouge when operating under Subpart 705 of the CARs (AOC No. 11985) an A319 or B767 aeroplane equipped with a Player TM and in French le Lecteur TM system featuring wireless streaming of content to portable electronic devices (PEDs), while operating at or above 10,000 feet ASL and during cruise phase of flight.
This exemption is subject to the following conditions:
- Air Canada rouge may enable the use of WiFi capable transmitting portable devices (TPEDs) when engines are running only during the cruise phase of flight or when at or above an altitude of 10,000 feet ASL, in accordance with section 602.86 of the CARs pertaining to the stowage of Carry-on Baggage, Equipment and Cargo, and as provided for and in accordance with an applicable and approved supplemental type certificate for that purpose;
- Air Canada rouge shall implement procedures to advise passengers when to use TPEDs, including the requirement to stow laptop computers during turbulence episodes exceeding light turbulence;
- In accordance with the regulatory requirements, if interference from a TPED is suspected, Air Canada rouge shall prohibit the use of the device and submit reports of portable electronic device interference to the Minister, specifically to the Director – Policy and Regulatory Services, Aviation Safety Intelligence, Civil Aviation (Reference: 4.2.3 of Advisory Circular (AC) No. 700-005);
- Air Canada rouge shall provide crew members with initial and recurrent training on the emergency and safety procedures associated with the use of TPEDs;
- Air Canada rouge shall maintain the applicable parts of its Company Operations Manual and crew member training programs to reflect any future changes in emergency and safety procedures associated with the use of TPEDs; and
- Air Canada rouge shall carry a copy of this exemption on board the aeroplane on which the privilege provided by this exemption is exercised.
This exemption is valid until the earliest of:
- February 28, 2019 at 23:59 (EST);
- the date on which any condition set out in this exemption is breached; or
- 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 adversely affect aviation safety.
DATED at Ottawa, Ontario, this 26th day of March, 2015, on behalf of the Minister of Transport.
“Original signed by”
Martin J. Eley