Exemptions to the Canadian Aviation Regulations (CARs)

CARS provision(s): 203.03(1), 706.09(1) and (2)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

PNR-003-2022

The purpose of this exemption is twofold:

• Allow and authorize AES to operate pursuant to subpart 702 of the CARs as lessee of United States registered Boeing CH-47D S/N 92-0297 Reg. N404AJ, Boeing CH-47D S/N 90-0184 Reg. N561AJ, and Boeing CH-47D S/N 89-0132 Reg. N303AJ registered to Billings Flying Service, Inc. (BFS), 3655 AJ Way, Billings, Montana, USA, 59102 Boeing CH-47D helicopters which do not have aircraft type designs certified by the Minister, in order to conduct external-load operations to prevent erosion on Plateau Pipe Line Ltd.’s Western Pipeline System, near Chetwynd, BC.
• Allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters where the Minister has not approved the maintenance schedules, 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.

Cancellation

The exemption PNR-002-2022 from subsection 203.03(1), subsections 706.09(1) and (2) of the Canadian Aviation Regulations, issued on April 7, 2022 in Ottawa, Ontario, 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 adversely affect aviation safety or security.

CARS provision(s): 901.02

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

RPAS-002-2022

The purpose of this exemption is to fix an unintended consequence of the way the Remotely Piloted Aircraft System (RPAS) regulations were drafted that is creating an administrative issue preventing foreign operators and foreign pilots from conducting RPAS activities within the RPAS regulatory framework. This exemption will be beneficial for a large number of international tourists, post-secondary education students, and researchers coming to Canada.

Part IX of the CARs requires every RPA between 250g and 25 kg to be registered in order to be flown in Canada. However, foreign RPAS operators and pilots are not able to register RPA, despite being able to fly in Canada when using a Special Flight Operations Certificate (SFOC). This creates an administrative issue that does not impact safety.

The purpose of this exemption is to enable a foreign operator or pilot (as described in paragraph 903.01(c) of the CARs) who does not qualify to be the registered owner of a RPA, as per subsection 901.04(1) of the CARs, to operate an RPAS without having their aircraft registered according to Division II – Registration of Remotely Piloted Aircraft.

This exemption aligns small RPA (250 g to 25 kg) with how Transport Canada permits operations of large (> 25kg) RPA, which do not require registration, for a person that does not qualify to be the registered owner of an RPA.

CARS provision(s): 203.03(1), 706.09(1) and (2)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

PNR-002-2022 Cancelled and REPLACED by PNR-003-2022

PNR-002-2022 E

The purpose of this exemption is twofold:

• Allow and authorize AES to operate pursuant to subpart 702 of the CARs as lessee of United States registered Boeing CH-47D S/N 92-0297 Reg. N404AJ, and Boeing CH-47D S/N 89-0132 Reg. N303AJ registered to Billings Flying Service, Inc. (BFS), 3655 AJ Way, Billings, Montana, USA, 59102 Boeing CH-47D helicopters which do not have aircraft type designs certified by the Minister, in order to conduct external-load operations to prevent erosion on Plateau Pipe Line Ltd.’s Western Pipeline System, near Chetwynd, BC.
• Allow AES to permit BFS to perform maintenance on the Boeing CH-47D helicopters where the Minister has not approved the maintenance schedules, 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.

CARS provision(s): 705.139

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 401.03(1)(a), (b) and (d)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-011-2022 - Re-issuance of NCR-095-2016

The purpose of this exemption is to allow all flight test pilots authorized by the Minister as Design Approval Representatives (DAR) 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 type rating for the aircraft that is being operated, while conducting airworthiness flight testing of the aircraft.

This exemption extends the regulatory relief previously granted under exemption NCR-095-2016.

CARS provision(s): 704.108(1)(c), 704.108(1)d), 704.108 (1)(b)(i), 604.143(1)(e), 604.143(3), 604.140(2)(a) and 604.174

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 700.62

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

OTT-003-2022The purpose of this exemption is to permit Air Canada to operate B777 and B787 aircraft on direct flights between India and Toronto and 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 the FDP by up to 1 hour and 15 minutes due to Unforeseen Operational Circumstances (UOC).

CARS provision(s): 901.22

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

RPAS-001-2022 – Re-issuance of PAC-001-2020

The purpose of this exemption is to allow OKSIR and its pilots to carry out the aerial release of sterile codling moth and other insects from Remotely Piloted Aircraft Systems (RPAS), into agricultural orchards, as part of their Sterile Insect Release pest control program. This program takes place in fruit-growing areas in the Okanagan, Similkameen and Shuswap Valleys in British Columbia and has been promulgated as an environmentally-sound, cost efficient alternative to the chemical management of the codling moth pest, which are damaging pome fruit and orchards in the area.

CARS provision(s): 404.17(a) and 404.18(a)Re-issuance of CAME-001-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CAME-001-2022 The purpose of this exemption is to adopt measures in the public interest that enable alternatives to regulatory requirements that permit physical distancing, following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization on March 11, 2020 and reduce the unnecessary exposure of healthy medical certificate holders to potentially hazardous healthcare settings.

More specifically, the purpose of this exemption is to permit CAMEs to renew existing MCs via telemedicine consultation when the Civil Aviation Medical Examiner deems it sufficient.

This exemption extends, for 12 additional months, the regulatory relief previously granted under exemption NCR-061-2020 and CAME-001-2021 issued on May 21, 2020 and February 25, 2021, respectively.

CARS provision(s): 404.03(2)(a)(b) and 404.04(1)(b)Re-issuance of CAME-002-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

The purpose of this exemption is to adopt measures in the public interest that enable alternatives to regulatory requirements that permit social distancing, following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization on March 11, 2020 and reduce the unnecessary exposure of healthy medical certificate holders to potentially hazardous healthcare settings.

More specifically, subject to the conditions set out below, this exemption will enable the renewal of medical certificates by telemedicine consultation to holders of medical certificates Category 1, 2, 3, or 4 with a validity period ending on or after March 17, 2020, who wish to avoid a face-to- face medical consultation.

This exemption extends, for 12 additional months, the regulatory relief previously granted under exemption NCR-062-2020 and CAME-002-2021, issued on June 3, 2020 and February 25, 2021, respectively.

CARS provision(s): 401.14(a)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/aRe-issuance of NCR-037-2021

NCR-005-2022 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 the COVID-19 pandemic outbreak by the World Health Organization (WHO) on March 11th, 2020. Consequently, most Civil Aviation Medical Examiners have temporarily closed their offices, thus eliminating the possibility to undergo in person Civil Aviation medical examinations.

More specifically, this exemption is to allow candidates who hold a valid Category 4 medical certificate or whose Category 1 medical certificates issued or renewed by the Minister of Transport no longer meets the validity period for a Commercial licence yet is still valid for a Private licence to attempt a flight test for the Private Pilot Licence, Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating as a temporary measure until the end of the validity period of this exemption.

This exemption is a reissuance of NCR-037-2021 under a new file number which expires February 28, 2022.

CARS provision(s): 705.124(1)(b) and 705.124(2)(b)(iv)(B)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 573.02(2)Re-issuance of NCR-007-2020

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

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-007-2020.

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

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 571.08(1)(c) and 571.10(1)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 401.13(d)Precedent: NCR-018-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

Cancels NCR-132-2020

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

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 401.14Re-issuance of NCR-021-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 401.14e)Re-issuance of NCR-023-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 401.06(2)Re-issuance of NCR-020-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 408.12

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

NCR-066-2021 The purpose of this exemption is to enable stakeholders to continue operations in the environment created by the COVID-19 pandemic. This exemption is extending the temporary measures in the public interest into 2022 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 on March 11, 2020.More specifically, the purpose of this exemption is to allow, until September 30, 2022, 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 COVID-19:

• (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 for application for a Commercial Pilot Licence. This exemption is a reissuance under a new file number of NCR-022-2021 which expires January 31, 2022.

CARS provision(s): 400.03(1)

Applicant provision(s): GLOBAL

Aircraft model: n/a

Registration no.: n/a

CARS provision(s): 400.03(1)Re-issuance of NCR-104-2016

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

The purpose of this exemption is twofold. With the deployment of Automatic Dependant Surveillance – Broadcast (ADS-B) technology as a source of surveillance in an air traffic service (ATS) system, it is necessary to introduce separation minima that may be used in conjunction with the ADS-B surveillance system.

1. It permits NAV CANADA to deploy and operate ADS-B technology to provide specific radar separation minima standards; and
2. It permits all air traffic controllers working for NAV CANADA, who have been trained and qualified by NAV CANADA as competent users of ADS-B surveillance technology, to apply some of the radar separation standards set out in Chapters 2 and 3 of Standard 821 – Canadian Domestic Air Traffic Control Separation, when using an ADS-B surveillance system.

This exemption extends the regulatory relief previously granted under exemption NCR-104-2016.

CARS provision(s): Interim OrderRe-issuance of NCR-070-2021

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a

NCR-003-2022 The purpose of this exemption is to allows Canadian air operators and foreign air operators operating using a Canadian Foreign Air Operator Certificate (CFAOC), when operating international medical evacuation flights to board persons without having to meet the requirements in the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, when operating international medical evacuation flights (MEDEVAC) as defined in the Canadian Aviation Regulations (CARs) to support the repatriation of persons to Canada entering a hospital setting and asymptomatic persons that are not entering a hospital setting. This exemption also allows any person to board an international medical evacuation flight without meeting the requirements set out in the Interim Order, including but not limited to the provision of confirmation and answering health check questions required before boarding.

CARS provision(s): 601.24(2)(a)

Applicant provision(s): n/a

Aircraft model: n/a

Registration no.: n/a