EXEMPTION FROM SUBSECTIONS 571.06(1) and 705.80(5)(b) 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:

Air Canada Jazz (Jazz Air Limited Partnership) operating aircraft Bombardier model CL600-2D15 (Regional Jet Series 705) under Subpart 705 of the Canadian Aviation Regulations, (CARs) from the requirements of subsections 705.80(5)(b) of the CARs.

Persons signing the maintenance release in respect of a modification not yet approved by Transport Canada but already approved by a foreign airworthiness authority introduced by Air Canada Jazz (Jazz Air Limited Partnership) to the flight deck compartment door on Bombardier model CL600-2D15 (Regional Jet Series 705), from the requirements of subsection 571.06(1) of the CARs, subject to the conditions of this exemption.

The details of the above provisions are provided in Appendix A.

PURPOSE

The purpose of this exemption is to:

Allow Air Canada Jazz (Jazz Air Limited Partnership) to operate Bombardier model CL600-2D15 (Regional Jet Series 705) with a flight deck door that does not fully satisfy the requirements of subsection 705.80(5)(b) of the CARs;

Air Canada Jazz (Jazz Air Limited Partnership) has indicated there is an FAA Supplemental Type Certificate (STC) that modifies the aircraft by installing an electronic locking mechanism that meets the intent of CAR 705.80(5)(b). The operator has indicated the FAA STC will be installed on the specified aircraft prior to the FAA STC being familiarized for use on Canadian aircraft, therefore 571.06(1) of the CARs is also being exempt.

Allow Air Canada Jazz (Jazz Air Inc) to modify the flight deck compartment door on Bombardier model CL600-2D15 (Regional Jet Series 705) with a modification not yet approved by Transport Canada but already approved by a foreign airworthiness authority; and

Where Air Canada Jazz (Jazz Air Limited Partnership) has introduced the above modifications, allow persons to sign the maintenance release of modified aeroplanes without approved data with a specific time limit within which approved data must be provided and additional modifications embodied to fully satisfy the approval requirements of the modifications.

APPLICATION

This exemption applies to:

Air Canada Jazz (Jazz Air Limited Partnership) operating Bombardier model CL600-2D15 (Regional Jet Series 705) with a flight deck door that does not fully satisfy the requirements of subsection 705.80(5)(b) of the CARs;

Air Canada Jazz (Jazz Air Limited Partnership) when introducing modifications to the flight deck compartment door on Bombardier model CL600-2D15 (Regional Jet Series 705) not yet approved by Transport Canada but already approved by a foreign airworthiness authority; and

Persons signing the maintenance release, in respect of modifications introduced by Air Canada Jazz (Jazz Air Limited Partnership) to the flight deck compartment door.

CONDITIONS

This exemption is subject to the following conditions:

  1. The modification of Bombardier model CL600-2D15 (Regional Jet Series 705) shall already be approved by U.S. Federal Aviation Administration under FAA Supplemental Type Certificate (STC) ST01415LA;
  2. The maintenance release shall include a reference to this exemption specifying that the release is not valid after 31st October 2005 unless the data used is approved prior to this date; and
  3. A copy of this exemption shall be carried on board the aeroplane.
  4. All flight crew are aware of the conditions of this exemption and acknowledge their duties and responsibilities regarding operation of the cockpit door locking mechanism.

VALIDITY

This exemption comes into effect on May 27th, 2005 and is in effect until the earliest of the following:

  1. October31st, 2005, 23:59 EDT;
  2. The date upon which any condition specified in the exemption is breached; or
  3. The date on which the exemption is cancelled 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 Moncton, Canada, this 27 of May 2005, on behalf of the Minister of Transport.

Original signed by

Wayne Malone
Regional Director, Civil Aviation
Atlantic Region

EXEMPTION FROM SUBSECTIONS 571.06(1) and 705.80(5) OF THE
CANADIAN AVIATION REGULATIONS

APPENDIX A

Repairs and Modifications

571.06 (1) Except as provided in subsection (5) and in the case of aircraft that are operated under a special certificate of airworthiness in the owner-maintenance classification, a person who signs a maintenance release in respect of a major repair or major modification on an aeronautical product shall ensure that the major repair or major modification conforms to the requirements of the relevant technical data

  1. that have been approved or the use of which has been approved within the meaning of the term "approved data" in section 571.06 of the Airworthiness Manual; or
  2. that have been established within the meaning of the term "specified data" in section 571.06 of the Airworthiness Manual.

Airworthiness Manual Section 571.06
“approved data” - includes:

  1. type certificates, supplemental type certificates, limited supplemental type certificates, or repair design approvals, including equivalent foreign documents which have undergone the familiarisation or validation process set-out in Subpart 511 of the CARs, or are otherwise accepted in Canada; and
  2. other drawings and methods approved by the Minister or a delegate in conformity with paragraph 4.2(o) and subsection 4.3(1) of the Aeronautics Act.

Doors and Locks

705.80 (1) Subject to subsections (3) and (4), no person shall operate an aeroplane in respect of which an initial type certificate was issued after January 1, 1958 unless the aeroplane is equipped with

  1. in the case of a passenger-carrying aeroplane,
    1. a door between the flight deck and the passenger compartment, and
    2. if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from the passenger compartment, a door between the crew rest facility and the passenger compartment; and
  2. in the case of an all-cargo aeroplane that was equipped with a flight deck door on January 15, 2002, 
    1. a door between the flight deck and a compartment occupied by a person, and
    2. if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from a compartment occupied by a person, a door between the crew rest facility and the compartment.

(2) The doors required by subsection (1) shall be equipped with a locking device that can be unlocked only from inside the flight deck or the crew rest facility, as the case may be.

(3) A key shall be readily available to each crew member for each door that separates a passenger compartment or a compartment occupied by a person from an emergency exit, with the exception of a door required by subsection (1).

(4) No crew member, except a flight crew member, shall have a key to a door required by subsection (1) at any time from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival unless the locking device required by subsection (2) is installed and locked.

(5) No person shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless

  1. each door meets the design requirements of section 525.795 of the Airworthiness Manual in effect on May 1, 2002; and
  2. the locking device required by subsection (2) and any other system used to control access to the flight deck can be operated from each flight crew member position.

 

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