EXEMPTION FROM SUBSECTIONS 705.27(3) and 705.27(5) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Air Transat A.T. Inc. and its flight crew members from the requirements of subsections 705.27(3) and 705.27(5) of the Canadian Aviation Regulations (CARs) to allow a Transport Canada Civil Aviation Safety Inspector not covered under the provision of subsection 705.27(1) of the CARs to occupy their flight deck jump seat when they are providing that inspector with the cockpit familiarization training required under paragraph 725.124(21)(h) of the Commercial Air Services Standards (CASS) as part of the Flight Dispatcher Training that this inspector is undergoing at Air Transat, subject to the conditions set out below.

Paragraph 725.124(21)(h) of the CASS requires the air operator to provide cockpit familiarization training involving an aircraft, route and destination for which the dispatcher is responsible as part of both initial and recurrent training.

Subsection 705.27(3) of the CARs specifies the type of persons that may be admitted to the flight deck of an aeroplane, which does not include a Transport Canada Safety inspector other than an inspector covered under subsection 705.27(1) of the CARs.

Subsection 705.27(5) of the CARs prohibits a person, except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, from being admitted to the flight deck if a seat is available in the passenger compartment.

The applicable CARs provisions are included in Appendix A.

PURPOSE

The purpose of this exemption is to permit Air Transat A.T. Inc. and its flight crew members to allow a Transport Canada Civil Aviation Safety Inspector not covered under the provision of subsection 705.27(1) of the CARs to occupy a flight deck jump seat when Air Transat A.T. Inc. is providing that inspector with the cockpit familiarization training required under paragraph 725.124(21)(h) of the CASS as part of the Flight Dispatcher Training that this inspector is undergoing at Air Transat A.T. Inc.

APPLICATION

This exemption applies to Air Transat A.T. Inc. and its flight crew members while providing cockpit familiarization training required under paragraph 725.124(21)(h) of the CASS, to a Transport Canada Civil Aviation Safety Inspector who is not covered under the provision of subsection 705.27(1) of the CARs, as part of the Flight Dispatcher Training that this inspector is undergoing at Air Transat A.T. Inc.

CONDITIONS

This exemption is subject to the following conditions:

  1. The air operator shall verify that the inspector is currently employed by Transport Canada.
  2. The pilot-in-command shall not grant admission to the flight deck to the Transport Canada Safety inspector unless:
    1. the pilot-in-command has been advised by the air operator that the request of the inspector has been approved by the air operator; and
    2. the pilot-in-command has verified the identity of the inspector by the means described in condition 3.
  3. Prior to providing access to the flight deck, the pilot-in-command shall verify the identity of the inspector by examining and comparing his or her Restricted Area Identity Card (RAIC) with one of the following:
    1. a valid passport;
    2. a valid Canadian driver’s licence;
    3. a valid Canadian Flight Dispatcher Certificate (if not undergoing initial training);
    4. a valid Transport Canada identification.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. December 31st, 2019 at 23:59 (EST);
  2. the date on which any condition set out in this exemption is breached; or
  3. the date on which this exemption is cancelled, in writing, by the Minister, where she is of the opinion it is no longer in the public interest or is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 18th day of June, 2014, on behalf of the Minister of Transport.

“Original signed by Dr. David Salisbury (for)”

Martin J. Eley
Director General
Civil Aviation

Appendix A

Admission to Flight Deck

705.27 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector's duties, as determined by the inspector.

(3) No person shall be admitted to the flight deck of an aeroplane other than

  1. a flight crew member;
  2. a crew member performing their duties;
  3. an inspector referred to in subsection (1);
  4. in accordance with the procedures specified in the company operations manual,
    1. an employee of the air operator who is not a crew member performing their duties, and
    2. a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator; and
  5. a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

(4) The air operator shall verify

  1. in the case of a person referred to in paragraph (3)(d) or (e), the identity of the person by means of a personal photo identification issued by the air operator, its wholly owned subsidiary, its code share partner or a foreign government or a restricted area pass as defined in the Canadian Aviation Security Regulations, and
  2. in the case of a person referred to in paragraph (3)(d), the fact that
    1. the person is currently employed by the air operator, or by a wholly owned subsidiary or code share partner of the air operator; and
    2. no seat is available for the person in the passenger compartment.

(5) No person referred to in paragraph (3)(d), except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, shall be admitted to the flight deck if a seat is available in the passenger compartment.
(Amended 2002/03/21; no previous version)

725.124 Training Program

(1) To (20)….

(21) Flight Dispatcher Training

(a) to (g)

(h) Cockpit Familiarization Training

In order to provide flight dispatchers and flight dispatcher candidates with practical experience of flight operations and the system of operational control, the air operator shall provide cockpit familiarization training involving an aircraft, route and destination for which the dispatcher is responsible as part of both initial and recurrent training. During this familiarization training, the flight dispatcher shall occupy a jump seat during a revenue flight in an aeroplane type operated by the air operator. The duration of this familiarization training shall be specified in the air operator’s flight dispatcher specific training program, which must be submitted to Transport Canada - Civil Aviation for approval. The area of responsibility of the flight dispatcher can be covered over an extended period of time. This requirement does not apply to aeroplanes that are not equipped with a jump seat.
(amended 2006/06/30; previous version)

(i)….

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