Exemptions to the Canadian Aviation Regulations (CARs)

CARS provision(s): 203.03(1), 605.86(1), 706.09(1) & (2)

Applicant provision(s): Airborne Energy Solutions Ltd

Aircraft model: UH-60A

Registration no.: n/a

PNR-003-2024

The purpose of this exemption is twofold:

• To allow and authorize Airborne Energy Solutions Ltd. (AES) as lessee, without an authorization issued pursuant to CAR 202.03 to operate pursuant to subpart 702 of the Canadian Aviation Regulations (CARs) a single Sikorsky/Billings UH-60A helicopter, S/N 82-23685, Reg. N233AJ registered in the United States to Billings Flying Service, Inc. (BFS), 3655 A J Way, Billings, Montana, USA, 59106, which does not have aircraft type designs certified in Canada, for the purpose of preventing and/or extinguish wildfires, as requested by any Province, Territory or Municipality or any local Canadian government, under AES’s Air Operating Certificate.
• To allow AES to permit BFS to perform maintenance on the Sikorsky/Billings UH-60A helicopter, while BFS is not the holder of an approved maintenance organization (AMO) certificate, and the performance of the maintenance by BFS has not been approved by the Minister as being in conformity with these regulations and the Minister has not approved the aircraft maintenance schedules.

CARS provision(s): 406.32

Applicant provision(s): Sealand Flight Ltd

Aircraft model: Pipistrel aircraft

Registration no.: n/a

CTA-001-2024

The purpose of this order is to promote innovation in transportation through testing by exempting Sealand Flight Ltd. from the requirement to only operate and deliver flight training services using an aircraft for which a certificate of airworthiness has been issued. Through this pilot project, Sealand Flight Ltd. will collect and provide data to Transport Canada and conduct performance assessments on Pipistrel aircraft to support Transport Canada’s development of a regulatory framework pertaining to the use of electric aircraft in a flight training environment.

CARS provision(s): 203.03(1), 605.86(1), 706.09(1) & (2)

Applicant provision(s): Airborne Energy Solutions Ltd

Aircraft model: CH-47D

Registration no.: n/a

PNR-004-2024

The purpose of this exemption is twofold:

• To allow and authorize Airborne Energy Solutions Ltd. (AES) as lessee, without an authorization issued pursuant to CAR 202.03 to operate pursuant to subpart 702 of the Canadian Aviation Regulations (CARs) five Boeing CH-47D helicopters, registered in the United States to Billings Flying Service, Inc. (BFS), 3655 A J Way, Billings, Montana, USA, 59106, which do not have aircraft type designs certified in Canada, for the purpose of preventing and/or extinguishing wildfires, as requested by any Province, Territory or Municipality or any local Canadian government, under AES’s Air Operating Certificate.
• To allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters, while BFS is not the holder of an approved maintenance organization (AMO) certificate, and the performance of the maintenance by BFS has not been approved by the Minister as being in conformity with these regulations and the Minister has not approved the aircraft maintenance schedules.

CARS provision(s): 605.84(1)(b)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-023-2024 - Cancels NCR-022-2024

The purpose of this exemption is to permit persons conducting a take-off or permitting a take-off to be conducted in an aircraft that is in the legal custody and control of the person, to conduct medical evacuation flights (MEDEVAC) in a multi-engine helicopter, without meeting the requirements set out in airworthiness directive CF-2024-15 - Navigation – Rotorcraft – Limitations of Operations with Non-Tolerant Radio Altimeter when Operating in Canada due to 5G C-Band Wireless Broadband Interference.

CARS provision(s): 605.84(1)(b)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

PAC-002-2024

The purpose of this exemption is to permit persons conducting a take-off or permitting a take-off to be conducted in an aircraft that is in the legal custody and control of the person, to conduct flights related to search and rescue, forest fire suppression, or for law enforcement purposes in a multi-engine helicopter, without meeting the requirements set out in airworthiness directive CF-2024-15 - Navigation – Rotorcraft – Limitations of Operations with Non-Tolerant Radio Altimeter when Operating in Canada due to 5G C-Band Wireless Broadband Interference.

CARS provision(s): 507.02(b) & 507.06(3)(a)

Applicant provision(s): Air Canada

Aircraft model: A330-343

Registration no.: n/a

OTT-003-2024

The purpose of this exemption is to allow Air Canada to apply, in accordance with section 507.06 of the CARs, for the issuance of a certificate of airworthiness pursuant to section 507.02 of the CARs for the specific aircraft listed below which do not conform to their certified type design in that they lack Airbus modification MOD 56834 for the installation of heated drains in the containerized cargo areas, as required by the Canadian Configuration definition in A330-343 Type Certificate A-205 issue 29, which refers to Airbus Document AI/EA-N 415.1859/99.

This exemption cannot be used as the basis for an approval of the current modifications embodied on the subject aeroplane, or any subsequent modification or repair.

CARS provision(s): 605.84(1)(b)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

PAC-001-2024

The purpose of this exemption is to permit persons conducting a take-off or permitting a take-off to be conducted in an aircraft that is in the legal custody and control of the person, to conduct search and rescue / wildfire management in a multi-engine helicopter, without meeting the requirements set out in airworthiness directive CF-2024-15 - Navigation – Rotorcraft – Limitations of Operations with Non-Tolerant Radio Altimeter when Operating in Canada due to 5G C-Band Wireless Broadband Interference.

CARS provision(s): 605.84(1)(b)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-022-2024 – Cancelled – replaced by NCR-023-2024

The purpose of this exemption is to permit persons conducting a take-off or permitting a take-off to be conducted in an aircraft that is in the legal custody and control of the person, to conduct medical evacuation operations (MEDEVAC) in a multi-engine helicopter, without meeting the requirements set out in airworthiness directive CF-2024-15 - Navigation – Rotorcraft – Limitations of Operations with Non-Tolerant Radio Altimeter when Operating in Canada due to 5G C-Band Wireless Broadband Interference.

CARS provision(s): 605.05

Applicant provision(s): Bell Textron Canada Ltd

Aircraft model: n/a

Registration no.: n/a

QC-006-2023

This exemption enables Bell Textron Canada Ltd. to implement an alternative means of compliance with regards to the installation of marking and placards on aircraft for the sole purpose of conducting production flight tests while reducing environmental impact through the reduction of waste.

CARS provision(s): 507.02(b) & 507.06(3)(a)

Applicant provision(s): Air North Charter & Training Ltd

Aircraft model: Boeing 737-800

Registration no.: n/a

PNR-002-2024

The purpose of this exemption is to enable Air North Charter & Training Ltd. to apply, in accordance with paragraph 507.06(3)(a) of the CARs, for the issuance of a certificate of airworthiness pursuant to paragraph 507.02(b) of the CARs for the specific aircraft listed below which does not conform to its certified type design solely in that it lacks Boeing Master Change 2433MP3193F “Captain’s Pitot Heat Load Addition”, as required by the Canadian Configuration definition in Boeing 737-800 Type Certificate A-146 – Issue 223.

CARS provision(s):

Applicant provision(s): Nav Canada

Aircraft model: n/a

Registration no.: n/a

NCR-009-2024

The purpose of this exemption is to allow NAV CANADA, as the Air Traffic Services (ATS) certificate holder, and its air traffic controllers to use ground-based ADS-B as a Category A ATS surveillance source in the application of any ATS surveillance separation minimum specified in Standard 821 - Canadian Domestic Air Traffic Control Separation Standards.

CARS provision(s): 903.01(c) and 903.02(f) to (o)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

RPAS-001-2023

The purpose of this exemption is to allow foreign operators or pilots of a small RPAS, whether they have been authorized to operate an RPAS by a foreign state or not, to apply for an SFOC-RPAS under paragraph 903.01(i) without having to apply for such document under paragraph 903.01(c).

Foreign operators or pilots of small RPAS are also exempted from the requirements set out under paragraphs 903.02(f) to (o) allowing them to in lieu comply with similar requirements as part of their application to obtain a Canadian RPAS pilot certificate.

CARS provision(s): 605.04(1), 605.18(H), 605.36(1), 602.60(1)(E), 702.43(A)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-007-2024 - Cancels NCR-005-2020

The purpose of this exemption is to allow persons to conduct a take-off and operate in flight in Canada an aircraft operating with a Special Certificate of Airworthiness in the Limited classification, when that aircraft meets the definition above of "warbird" without the aircraft being equipped with one or more of the following items:

• (a) a hand-held fire extinguisher;
• (b) a hard copy of the entire aircraft flight manual;
• (c) an alternative source of static pressure;
• (d) an autopilot; and
• (e) an altitude alerting system or device (turbo-jet aircraft only).

This exemption extends the regulatory relief previously granted under exemption NCR-005-2020 and enhances it through the addition of the provision under subsection 702.43(a) of the CARs. In consequence, exemption NCR-005-2020 will be cancelled once this exemption is in effect.

CARS provision(s): 703.98(1)(b)

Applicant provision(s): North Air Star Ltd

Aircraft model: n/a

Registration no.: n/a

ON-011-2023

The purpose of this exemption is to allow North Star Air Ltd. to complete initial captain training and Pilot Proficiency Check (PPC) for the Pilatus PC12 in a Transport Canada approved Level D simulator in accordance with subsection 723.98(9.2) of the CASS, to enable zero flight-time training.

CARS provision(s): 202.01(1)(a)

Applicant provision(s): Harv’s Air Service Ltd

Aircraft model: n/a

Registration no.: C-FXLP

PNR-001-2024

The purpose of this exemption is to allow Harv’s Air Service Ltd. to display aircraft registration marks on the side surfaces of an aircraft that are not in accordance with the Aircraft Marking and Registration Standards. More specifically, this exemption will allow Harv’s Air Service Ltd to operate aircraft C-FXLP with 15 cm (5.9 inches) high registration marks; smaller than the 30 cm (11.8 inches) required by the Aircraft Marking and Registration Standards when marks are not displayed on the bottom surface of the wings.

CARS provision(s): 400.03(1)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-013-2024 - Reissuance of NCR-008-2023

The purpose of this exemption is to allow licensing applicants who have applied for a two-crew type rating after January 1st, 2023, but no later than July 31, 2024 and who have successfully completed the knowledge requirement in or after October 2021, to extend their exam validity. This regulatory relief is intended to respond to the persistent backlog at Airline Flight Training Centers expected to be cleared within the next four months, that prevents licensing applicants from completing all licensing application requirements.

This exemption extends the regulatory relief previously granted under exemption NCR-008-2023.

CARS provision(s): 401.03(1)(a)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-005-2024 - Cancels NCR-004-2019

The purpose of this exemption is to permit all Engineering Test Pilots working for hire or reward for Transport Canada to exercise the privileges of acting as pilot-in-command or co-pilot of any aircraft, in the aircraft category endorsed on the pilot’s licence, without having a rating for the aircraft that is being operated, while conducting airworthiness flight testing of the aircraft on behalf of Transport Canada. This exemption is required because ratings for aircraft being flight-tested are either unavailable or inappropriate.

This exemption is a re-issuance of exemption NCR-004-2019, which will be cancelled once this exemption is in effect.

CARS provision(s): 302.07(1)(a)(i) and (ii)

Applicant provision(s): Greater Toronto Airports Authority (GTAA)

Aircraft model: n/a

Registration no.: n/a

ON-009-2023 - Re-issuance of ON-002-2021

The purpose of this exemption is to allow the Greater Toronto Airports Authority (GTAA) to extend the trial of Angled Hold Position Visual Aids to determine if TP 312 5th Edition hold positions on Taxiways Delta 1 (D1), Delta 2 (D2) and Delta 3 (D3) are sufficient in addressing the issues in the TSB report and if not, that the angled hold positions suggested by the Greater Toronto Airports Authority (GTAA) and trialed on Taxiways Delta 4 (D4) and Delta (D5) are sufficient in addressing the issues of the TSB report.

In addition, this exemption will also allow the GTAA to have enough time after the trial is concluded and assessed to make the required infrastructure modifications to Taxiways Delta 4 (D4) and Delta 5 (D5) so they can conform to TP 312 5th Edition hold positions if the trial yields results indicating that TP 312 5th Edition hold positions are sufficient in addressing the issues of the TSB report.

CARS provision(s): 401.06(1)(b)(v)

Applicant provision(s): Global

Aircraft model: N/A

Registration no.: N/A

NCR-035-2023 - Reissuance of NCR-026-2018

The purpose of this exemption is to allow applicants of an Airline Transport Pilot Licence –Helicopter (ATPL-H) to complete the skill test using a helicopter certified for single pilot operations only.

This exemption extends the regulatory relief previously granted under exemption NCR-026-2018.

CARS provision(s): 507.02(b) and 507.06(3)(a)

Applicant provision(s): Air Canada

Aircraft model: A321-211

Registration no.: N/A

OTT-017-2023 E

The purpose of this exemption is to allow Air Canada to apply, in accordance with section 507.06 of the CARs, for the issuance of a certificate of airworthiness pursuant to section 507.02 of the CARs for the specific aircraft listed below which does not conform to its certified type design in that it lacks Airbus modification MOD 26938 or 34817 for the installation of heated drains in the containerized cargo areas, as required by the Canadian Configuration definition in A321-211 Type Certificate A-166 issue 53, which refers to Airbus Document AI/EA-S 413.0400/97.

This exemption cannot be used as the basis for an approval of the current modifications embodied on the subject aeroplane, or any subsequent modification or repair.

CARS provision(s): 302.07(1)(a)(i) and (ii)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-001-2024

The purpose of this exemption is to allow all Canadian airport operators to install signs that are consistent with current internationally accepted standards, until such a time TP312, 5th Edition, is amended.

CARS provision(s): 700.02(1) and 701.02(1)

Applicant provision(s): Lynden Air Cargo, LLC

Aircraft model: n/a

Registration no.: n/a

OTT-001-2024 - Cancels OTT-013-2023

The purpose of this exemption is to permit Lynden Air Cargo, LLC, contrary to its Canadian foreign air operator certificate (CFAOC) F-9150 which restricts its area of operations to “between points in Canada and abroad”, to conduct domestic air transport service in Canada on behalf of Bradley Air Services Limited (doing business as Canadian North) in support of non-accessible remote mines/resource industries and non-accessible remote communities.

This exemption is a re-issuance of exemption OTT-013-2023, which will be cancelled once this exemption is in effect.

CARS provision(s): 705.76(a)(i)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-032-2023

The purpose of this exemption is to allow air operators, operating under Subpart 5 of Part VII of the CARs, to operate cargo aircraft with a lavatory that is not equipped with a smoke detector or an indication in the flight deck.

CARS provision(s): 573.02(2)

Applicant provision(s): Global

Aircraft model: n/a

Registration no.: n/a

NCR-003-2024 - Reissuance of NCR-006-2022

This exemption relieves AMO certificate holders with rating(s) in the Avionics, Instrument and Component categories from the requirements of subsection 573.02(11) of Standard 573. They will not be required to have procedures for the evaluation of undocumented parts outlined in Appendix H of Standard 571 approved in their Maintenance Policy Manual.

This exemption extends the regulatory relief previously granted under exemption NCR-006-2022.

CARS provision(s): 602.63(6)(c)

Applicant provision(s): Global

Aircraft model: A319, A320, A321

Registration no.: n/a

NCR-034-2023 - Cancels OTT-023-2018, OTT-004-2019 and 1997 Air Canada exemption

The purpose of this exemption is to allow Canadian air operators operating under Subpart 5 of Part VII of the CARs to operate Airbus A319, A320, or A321 aeroplanes with slide rafts that do not consist of an attached survival kit.