Exemptions to the Canadian Aviation Regulations (CARs)

CARS provision(s): 705.40(3)

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

OTT-012-2022

The purpose of this exemption is to allow Air Canada to let one flight attendant disembark the aeroplane during fuelling with passengers on board, for the purpose of using the bridge phone for communication with ground, maintenance, and fuelling personnel without being replaced by another flight attendant.

CARS provision(s): 704.07(2)(d)

Applicant provision(s): Skyservice Business Aviation Inc.

Aircraft model: n/a

Registration no.: n/a

QC-010-2022

The purpose of this exemption is to allow Skyservice Business Aviation Inc. (hereinafter “air operator”), without having a Minimum equipment List (MEL) approved by the Minister, to

• Apply for an amendment to their Air Operator Certificate (AOC) #9638 for the purpose of incorporating new aircraft to their fleet, and;
• Be able to dispatch an aircraft, under Subpart 4 of Part VII of the CARs.

CARS provision(s): 705.40(3)

Applicant provision(s): Air Canada rouge

Aircraft model: n/a

Registration no.: n/a

OTT-014-2022

The purpose of this exemption is to allow Air Canada Rouge to let one flight attendant disembark the aeroplane during fuelling with passengers on board, for the purpose of using the bridge phone for communication with ground, maintenance, and fuelling personnel without being replaced by another flight attendant.

CARS provision(s): 700.62

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

OTT-013-2022

The purpose of this exemption is to permit Air Canada and its flight crew members to operate B777 and B787 aircraft on direct flights between India and Toronto or Montreal that exceed the maximum flight times and flight duty periods prescribed in the applicable regulations.

More specifically, this exemption will allow Air Canada to plan and operate flights of up to 18 hours flight time and 20 hours flight duty period (FDP), with the ability to extend the flight time by up to 2 hours and extend the FDP by up to 1 hour and 15 minutes, due to unforeseen operational circumstances (UOC).

This exemption is a re-issuance of exemption OTT-003-2022, which is valid until December 31, 2022.

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

Applicant provision(s): Greater Toronto Airports Authority, at the Toronto Lester B. Pearson International Airport

Aircraft model: n/a

Registration no.: n/a

ON-013-2022

The purpose of this exemption is to allow the GTAA, while operating the Toronto/Lester B. Pearson International Airport (Toronto/LBPIA) in accordance with its Airport Operation Certificate –AOC # 5151-1-157, to permit aircraft to taxi on taxiways Tango and Foxtrot during the approaches on Runway 33L and hold short not less than 90 m from the extended runway centreline, and establish and utilize aircraft holding locations during approaches on Runway 33L and Runway 33R at the following locations on:

• Runway 24R at a location not less than 90 m from the extended runway centreline of Runway 33R; and
• Taxiway Foxtrot 3 at a location not less than 90 m from the extended runway centreline of Runway 33L.

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

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-030-2022

The purpose of this exemption is to allow all Canadian airport operators to install intermediate holding position lights that are consistent with current internationally accepted standards including those in the United States, until such a time TP312, 5th Edition, is amended.

CARS provision(s): 571.07(1), PARAGRAPHS 571.08(1)(b) and 571.08(1)(c) and SECTION 571.13

Applicant provision(s): Global

Aircraft model: N/A

Registration no.: N/A

NCR-034-2022 - Re-issuance of NCR-021-2017

The purpose of this exemption is to allow persons to sign a maintenance release following the installation of parts which do not have, as applicable to the part in question, one or more of the following:

• a) the manufacturer’s certification required by subsection 571.07(1) of the CARs;
• b) traceability to a certified manufacturer as required by paragraph 571.13(2)(a) of the CARs;
• c) the maintenance releases required by paragraphs 571.08(1)(b) or 571.08(1)(c) or 571.13(1)(a) of the CARS; or
• d) evidence of the use of approved data as required by paragraph 571.13(2)(b) of the CARs.

CARS provision(s): 705.124(1)(b)

Applicant provision(s): Air Canada rouge

Aircraft model: n/a

Registration no.: n/a

OTT-007-2022

The purpose of this exemption is to allow Air Canada Rouge to reduce the time allocated to conduct Flight Dispatcher Competency Checks (DCC) from 8 hours to 5 hours. This will reduce close interactions between flight dispatchers and check dispatchers in the operations control environment, while ensuring that the appropriate qualification checks are completed in line with the regulations. This exemption will permit Air Canada Rouge to continue meeting the annual dispatch training and competency check requirements while reducing the risks associated with COVID-19, without any risk to aviation safety.

CARS provision(s): 705.124(1)(b)

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

OTT-008-2022

The purpose of this exemption is to allow Air Canada to reduce the time allocated to conduct Flight Dispatcher Competency Checks (DCC) from 8 hours to 5 hours. This will reduce close interactions between flight dispatchers and check dispatchers in the operations control environment, while ensuring that the appropriate qualification checks are completed in line with the regulations. This exemption will permit Air Canada to continue meeting the annual dispatch training and competency check requirements while reducing the risks associated with COVID-19, without any risk to aviation safety.

CARS provision(s): 203.08

Applicant provision(s): PAL Airlines Ltd.

Aircraft model: DHC-8-402

Registration no.: N406QX

ATL-002-2022

The purpose of this exemption is to allow the air operator, PAL Airlines Ltd., to operate a leased aircraft that is registered in a foreign state, without having to meet the requirements of paragraph 203.08 of the CARs.

More specifically, this exemption will allow PAL Airlines Ltd., to operate as lessee of the De Havilland Canada DHC-8-402 aircraft, registered in a foreign state with markings N406QX, for the entire period of their lease agreement.

This exemption also enables the air operator to apply for a new leasing authorization (LF-06) for the aircraft with markings N406QX.

CARS provision(s): 401.13(1)(d)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-033-2022 - Re-issuance of NCR-063-2021

The purpose of this exemption is to allow candidates for the Pilot Permit – Gyroplane, Pilot Permit – Recreational - Aeroplane and the Private Pilot Licence to attempt the written examinations with at least 5 hours of total flight experience, as well as to allow all other candidates to attempt the written examinations with only 25% of the total flight experience for the issuance of a permit, licence or rating until November 17, 2027, as a temporary measure.

As the COVID-19 pandemic persists and as measures to limit the spread of COVID-19 remain in effect, this exemption serves as a temporary measure in efforts to reduce the potential of person-to-person transmission of the virus.

This exemption extends the regulatory relief previously granted under exemption NCR-063-2021.

CARS provision(s): 705.40(3)

Applicant provision(s): WestJet

Aircraft model: n/a

Registration no.: n/a

OTT-009-2022

The purpose of this exemption is to allow WestJet to let one of the required flight attendants disembark the aeroplane during fuelling with passengers on board, for the purpose of using the bridge phone to access appropriate assistance for a fuelling, safety, security, or emergency on board without being replaced by another flight attendant.

CARS provision(s): 705.40(3)

Applicant provision(s): Swoop

Aircraft model: n/a

Registration no.: n/a

OTT-010-2022

The purpose of this exemption is to allow Swoop to let one of the required flight attendants disembark the aeroplane during fuelling with passengers on board, for the purpose of using the bridge phone to access appropriate assistance for a fuelling, safety, security, or emergency on board without being replaced by another flight attendant.

CARS provision(s): 700.02(1)

Applicant provision(s): Morningstar Partners Ltd - D/B/A Aurora Jet Partners

Aircraft model: n/a

Registration no.: n/a

PNR-006-2022

The purpose of this exemption is to permit Morningstar Partners Ltd. D/B/A Aurora Jet Partners, to operate Canadian registered aircraft in a fractional ownership program, with a Private Operator Registration Document (PORD) issued pursuant to Subpart 4 of Part VI of the Canadian Aviation Regulations.

CARS provision(s): 700.02(1)

Applicant provision(s): AirSprint Inc.

Aircraft model: n/a

Registration no.: n/a

PNR-007-2022

The purpose of this exemption is to permit AirSprint Inc., to operate Canadian registered aircraft in a fractional ownership program, with a Private Operator Registration Document (PORD) issued pursuant to Subpart 4 of Part VI of the Canadian Aviation Regulations.

CARS provision(s): 571.08(1)573.11(1)(c)

Applicant provision(s): VIH Helicopters Ltd

Aircraft model: n/a

Registration no.: n/a

PAC-004-2022 – Re-issuance of PAC-009-2019

The purpose of this exemption is to permit VIH Helicopters Ltd., which is both an air operator (AOC) and an approved maintenance organization (AMO), to install overhauled components supplied by foreign maintenance organizations that do not hold a Foreign Aircraft Maintenance Organization (FAMO) certificate, on the Canadian registered Kamov Ka32A-11BC helicopters operated by VIH Helicopters Ltd., pursuant to Subpart 702 of the CARs.

This exemption does not affect or derogate from VIH Helicopters Ltd.’s responsibilities under the Special Economic Measures Act (SEMA)/Special Economic Measures (Russia) Regulations (SEMA Reg) sanctions, or other Acts, that are independent, parallel obligations on both the entities of VIH Helicopters Ltd.

This exemption extends the regulatory relief previously granted under exemption PAC-009-2019.

CARS provision(s): 703.22(1)

Applicant provision(s): Niagara Helicopters Limited

Aircraft model: Bell 206 Helicopter

Registration no.: C-GJWL

ON-009-2021

The purpose of this exemption is to allow Niagara Helicopters Limited to operate its single-engine Bell 206 helicopter, registration C-GJWL, at night with passengers while using Night Vision Imaging System (NVIS) on the approved CYR518 Niagara Falls Tour Route.

CARS provision(s): 705.124(1), (2)(a) and (3)(b)

Applicant provision(s): Porter Airlines (Canada) Limited

Aircraft model: Embraer ERJ-190-400

Registration no.: n/a

ON-008-2022

The purpose of this exemption is to support Porter Airline (CANADA) Limited’s (PACL) by implementing a conditional training plan on the Embraer ERJ-190-400 aircraft and allow the training of PACL pilots on the Embraer ERJ-190-400, prior to the aircraft being type certificated in Canada.

CARS provision(s): subsection 400.03(1) of the CARs

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-029-2022 - Re-issuance of NCR-068-2021

The purpose of this exemption is allowing all licensing applicants who have applied for a permit, licence or rating after March 11th, 2020 and who have successfully-completed the knowledge requirement, to extend the knowledge requirements by 10 months.

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person-to-person transmission in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

This exemption is a reissuance under a new file number of NCR-068-2021 which expires September 30, 2022.

CARS provision(s): section 408.12 of the Canadian Aviation Regulations (CARs) and clause (1)(a)(iii)(B) of Schedules 4 and 6 of Standard 428 - Conduct of Flight Tests

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-028-2022 - Re-issuance of NCR-066-2021

The purpose of this exemption is to enable stakeholders to continue operations in the environment created by the COVID-19 pandemic. More specifically, the purpose of this exemption is to allow examiners conducting flight tests for Commercial Pilot Licence candidates to accept the following candidates for Commercial Pilot Licences – Aeroplane or Helicopter that do not meet the pre-requisites for the written examination due to circumstances related to the COVID-19 pandemic:

1. examination candidates who are unable to write the Transport Canada licensing examinations prior to attempting their flight test; or
2. candidates whose 24-month written exam validity will expire without having completed all of the training and checking required to apply for a Commercial Pilot Licence.

This exemption is a reissuance of exemption NCR-066-2021, which expires September 30, 2022.

CARS provision(s): paragraphs 705.222(2)(b), 705.222(3)(a) and 705.223(1)(a) of the CARs

Applicant provision(s): Air Tindi Ltd.

Aircraft model: n/a

Registration no.: n/a

PNR-001-2022 - Re-issuance of PNR-005-2017

The purpose of this exemption is to permit Air Tindi Ltd. to reduce the number of assigned flight attendants by one, for flights to which more than one is assigned, when the DHC-7 aircraft number 4 (No. 4) engine is running during passenger embarking/disembarking, and/or permit Air Tindi Ltd. to allow passengers to remain onboard the DHC-7 during an intermediate stop when the No. 4 engine is running, in the absence of a propeller brake or aircraft auxiliary power unit.

This is a re-issuance of exemption PNR-005-2017.

CARS provision(s): paragraph 705.124(1)(b) and clause 705.124(2)(b)(iv)(B) of the CARs

Applicant provision(s): Porter Airlines (Canada) Limited

Aircraft model: n/a

Registration no.: n/a

ON-007-2022

The purpose of this exemption is to allow Porter Airlines (Canada) Limited to substitute the use of the Boeing 737-700 cabin window exit training device for practical drills to complete the Embraer ERJ 190-400 (E195-E2) cabin window exit drills for Flight Attendant Initial, Annual and Aircraft Type Training required by the Flight Attendant Training Standard, Initial, Part 7, section 7.3.1 and Annual, Part 7, section 7.1.1.

CARS provision(s): section 705.206 of the CARs

Applicant provision(s): Air Canada

Aircraft model: n/a

Registration no.: n/a

OTT-006-2022 - Re-issuance of OTT-016-2017

The purpose of this exemption is to allow Air Canada to operate a model of aeroplane carrying passengers in extended over-water operations without having to carry out a successful demonstration of its ditching emergency evacuation procedures for that model of aeroplane when a successful demonstration has already been conducted for another model of aeroplane by Air Canada, more specifically

• a) to operate the Boeing 777-200 based on the successful demonstration of the Boeing 777-300; and
• b) to operate the Boeing 787-8 based on the successful demonstration of the Boeing 787-9.

This exemption would be a reissuance of exemption OTT-016-2017 that is in effect until September 15, 2022.

CARS provision(s): sections 104.01 and 104.02 of the CARs

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-026-2022

The purpose of this exemption is to allow persons or organizations who request an exemption to the one or more provisions of the CARs exclusively for the purpose of, or in relation to, conducting charitable events, fund raisers, or similar non-profit events, to be exempted from the associated charges of such an exemption.

CARS provision(s): 401.14

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-027-2022 – re-issuance of NCR-065-2021 – COVID-19 related

The purpose of the exemption is to allow candidates that have not yet written the requisite written examination for an Instrument Rating or any of the Flight Instructor Ratings, to be accepted to attempt the flight test required for the issuance of an Instrument Rating, any of the Flight Instructor Ratings until January 31, 2023, as a temporary measure.

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person-to-person transmission in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

This exemption extends the regulatory relief previously granted under exemption NCR-065-2021.