NCR-022-2017
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 or security, I hereby exempt Canadian air operators and their pilots-in-command operating under Subpart 3 or 4 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements of subsection 723.39(1) of Standard 723 - Air Taxi - Aeroplanes and Standard 723 - Air Taxi - Helicopters, and subsection 724.34(1) of Standard 724 - Commuter Operations - Aeroplanes and Standard 724 - Commuter Operations - Helicopters of the Commercial Air Service Standards (CASS) made pursuant to subsections 703.39(1) and 704.34(1) of the CARs, subject to the following conditions.
The pertinent provisions of the CARs and the CASS are reproduced in Appendix A.
Definitions and Interpretation
The following definitions which are set out in section 101.01 of the CARs apply to this exemption.
- crew member means a person assigned to duty in an aircraft during flight time; (membre d’équipage)
- flight crew member means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time; (membre d’équipage de conduite)
- passenger means a person, other than a crew member, who is carried on board an aircraft; (passager)
For the purposes of this exemption, operational personnel means an air operator’s employees whose duties require that they interact directly with persons on board or about to board an aircraft, and includes crew members, gate and check-in staff and their immediate supervisors.
Purpose
The purpose of this exemption is to allow a Canadian air operator and its pilots-in-command, operating under Subpart 3 or 4 of Part VII of the CARs, to authorize trained company operational personnel to deliver the oral standard safety briefing to passengers prior to boarding the aircraft, when conducting short successive flight operations without shutting down the aircraft engine between flights.
Application
This exemption applies to a Canadian air operator and its pilots-in-command, operating under Subpart 3 or 4 of Part VII of the CARs, when conducting short successive flight operations without shutting down the engine of the aeroplane or helicopter between flights.
This exemption ceases to apply to the person who breaches a condition of the exemption.
Conditions
This exemption is subject to the following conditions:
- The air operator shall ensure that the standard safety briefing consists of an oral briefing provided by designated operational personnel.
- The air operator shall ensure that the standard safety briefing includes the information required by subsection 723.39(1) or 724.34(1) of the CASS, as applicable to the aircraft, equipment and operation.
- The air operator shall establish procedures to ensure that the pilot-in-command is advised, before each flight, that the standard safety briefing to passengers has been given in accordance with the requirements of conditions 1 and 2.
- The air operator shall ensure that the training program required by section 703.98 or 704.115 of the CARs includes passenger briefing requirements for operational personnel designated by the air operator to conduct the standard safety briefing.
- The air operator shall maintain training records of each trained operational personnel, as required by section 703.99 or 704.117 of the CARs.
Validity
This exemption comes into effect on February 1, 2018 at 00:01 EST and remains in effect until the earliest of:
- a) January 31, 2023 at 23:59 EST; or
- b) The date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.
DATED at Ottawa, Ontario on this 29th day of January, 2018 on behalf of the Minister of Transport.
“Original signed by Robert Sincennes (for)”
Nicole Girard
Director General, Aviation Safety Regulatory Framework
Civil Aviation
Appendix A
Relevant provisions of the Canadian Aviation Regulations
- 703.39 Briefing of Passengers
- (1) The pilot-in-command shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.
- 704.34 Briefing of Passengers
- (1) The pilot-in-command shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.
Relevant provisions of the Commercial Air Service Standards
Standard 723 - Air Taxi - Aeroplanes
- 723.39 Briefing of Passengers
- (1) Standard Safety Briefing
The standard safety briefing shall consist of an oral briefing provided by a flight crew member or by audio or audiovisual means which includes the following information as applicable to the aeroplane, equipment, and operation:
- (a) prior to take-off:
- (i) when, where, why and how carry-on baggage is required to be stowed;
- (ii) the fastening, unfastening, adjusting and general use of safety belts or safety harnesses;
- (iii) when seat backs must be secured in the upright position and tables stowed;
- (iv) the location of emergency exits, and for passengers seated next to an exit, how that exit operates;
- (v) the location, purpose of, and advisability of reading the safety features card;
- (vi) the regulatory requirement to obey crew instructions regarding seat belts and no smoking or Fasten Seat Belts and No Smoking signs and the location of these signs;
- (vii) the location of any emergency equipment the passenger may have a need for in an emergency situation such as the ELT, fire extinguisher, survival equipment (including the means to access if in a locked compartment), first aid kit and life raft;
- (viii) the use of passenger operated portable electronic devices;
- (ix) the location and operation of the fixed passenger oxygen system, including the location and presentation of the masks; the action to be performed by the passenger in order to obtain the mask, activate the flow of oxygen and correctly don and secure the mask. This will include a demonstration of their location, method of donning (including the use of elastic band), operation, and instruction on the priority for persons assisting others; and
- (x) the location and use of life preservers, including how to remove from stowage/packaging and a demonstration of their location, method of donning and inflation, and when to inflate life preservers;
- (a) prior to take-off:
- (1) Standard Safety Briefing
- (b) after take-off, if not included in the pre-take-off briefing:
- (i) that smoking is prohibited; and
- (ii) the advisability of using safety belts or safety harnesses during flight;
- (c) in-flight because of turbulence:
- (i) when the use of seat belts is required; and
- (ii) the requirement to stow carry-on baggage;
- d) where no additional passengers have embarked the flight for subsequent take-offs on the same day, the pre-take-off and after take-off briefing may be omitted provided a crew member has verified that all carry-on baggage is properly stowed, safety belts or harnesses are properly fastened, and seat backs and chair tables are properly secured.
- (e) where no additional passengers have embarked the flight for subsequent take-offs on the same day, the pre-take-off and after take-off briefing may be omitted provided a crew member has verified that all carry-on baggage is properly stowed, safety belts or harnesses are properly fastened, and seat backs and chair tables are properly secured.
Standard 723 - Air Taxi - Helicopters
- 723.39 Briefing of Passengers
- (1) Standard Safety Briefing
The standard safety briefing shall consist of an oral briefing provided by a flight crew member or by audio or audiovisual means which includes the following information, as applicable to the helicopter, equipment, and operation:
- (a) prior to take-off (or prior to embarking when rotors are turning):
- (i) when, where, why and how carry-on baggage is required to be stowed;
- (ii) the fastening, unfastening, tightening and general use of safety belts or safety harnesses;
- (iii) the location of normal and emergency exits and how the exits operate;
- (iv) the location, purpose of, and advisability of reading the safety features cards;
- (v) the requirement to obey crew instructions;
- (vi) the location of any emergency equipment the passenger may have a need for in an emergency situation such as the ELT, fire extinguisher, survival equipment (including the means to access if in a locked compartment), first aid kit and life raft;
- (vii) the location and use of life preservers, including how to remove them from stowage/packaging and a demonstration of their location, method of donning and inflation, and when to inflate life preservers;
- (viii) instructions for immersion suits;
- (ix) location, operation and deployment of life rafts;
- (x) where applicable to wide body helicopters, the method of egress in event of a roll-over accident by use of the under seat frame of the transverse cabin seats as a ladder for egress; and
- (xi) any special instructions related to emergency evacuation if the helicopter is configured with external fixtures. (e.g. ski racks); and
- (b) after take-off, if not included in the pre-take-off briefing:
- (i) the advisability of using safety belts or safety harnesses during flight;
- (c) in-flight because of turbulence:
- (i) when the use of seat belts is required; and
- (ii) the requirement to stow carry-on baggage;
- (d) prior to disembarking of passengers, the safest direction and most hazard-free route for passenger movement away from the helicopter, and any dangers associated with the helicopter, such as pitot tube locations, tail rotor and main rotor.
Where no additional passengers have boarded the flight for subsequent take-offs on the same day, the pre take-off and after take-off briefing may be omitted provided a crew member has verified that all carry-on baggage is properly stowed, safety belts or harnesses are properly fastened, and seat backs and chair tables are properly secured.
- (a) prior to take-off (or prior to embarking when rotors are turning):
- (1) Standard Safety Briefing
Standard 724 - Commuter Operations - Aeroplanes
- 724.34 Briefing of Passengers
- (1) Standard Safety Briefing
The standard safety briefing shall consist of an oral briefing provided by a crew member or by audio or audio-visual means which includes the following information as applicable to the aeroplane, equipment, and operation:
- (a) prior to take-off:
- (i) when, where, why and how carry-on baggage is required to be stowed;
- (ii) the fastening, unfastening, adjusting and general use of safety belts or safety harnesses;
- (iii) when seat backs must be secured in the upright position and chair tables must be stowed;
- (iv) the location of emergency exits and for passengers seated next to an exit, how that exit operates;
- (v) the location, purpose of, and advisability of reading the safety features card;
- (vi) the regulatory requirement to obey crew instructions regarding safety belts and no smoking or Fasten Seat Belt and No Smoking signs and the location of these signs;
- (vii) the location of any emergency equipment the passenger may have a need for in an emergency situation such as the ELT, fire extinguisher, survival equipment (including the means to access if in a locked compartment), first aid kit and life raft;
- (viii) the use of passenger operated portable electronic devices;
- (ix) the location, and operation of the fixed passenger oxygen system, including the location and presentation of the masks; the actions to be performed by the passenger in order to obtain the mask, activate the flow of oxygen and correctly don and secure the mask. This will include a demonstration of their location, method of donning including the use of elastic band, operation, and instruction on the priority for persons assisting others; and
- (x) the location, and use of life preservers, including how to remove from stowage/packaging and a demonstration of their location, method of donning and inflation, and when to inflate life preservers;
- (b) after take-off, if not included in the pre take-off briefing:
- (i) that smoking is prohibited;
- (ii) the advisability of using safety-belts or safety harnesses during flight; and
- (iii) the requirement to obey crew instructions or fasten seat belt and no smoking signs and the location of these signs;
- (c) in-flight because of turbulence:
- (i) when the use of seat belts is required, and
- (ii) the requirement to stow carry-on baggage; and
- (d) Prior to passenger disembarkment, the safest direction and most hazard-free route for passenger movement away from the aeroplane following disembarkment, and any dangers associated with the aeroplane type such as pitot tube locations, propellers, or engine intakes.
The safety message of the briefing may not be diluted by the inclusion of any service information or advertising that would affect the integrity of the safety briefing.
Where no additional passengers have embarked the flight for subsequent take-offs on the same day, the pre-take-off and after take-off briefings may be omitted provided a crew member has verified that all carry-on baggage is properly stowed, safety belts or harnesses are properly fastened, and seat backs and chair tables are properly secured.
- (a) prior to take-off:
- (1) Standard Safety Briefing
Standard 724 - Commuter Operations - Helicopters
- 724.34 Briefing of Passengers
- (1) Standard Safety Briefing
The standard safety briefing shall consist of an oral briefing provided by a crew member or by audio or audio-visual means which includes the following information as applicable to the helicopter, equipment, and operation:
- (a) prior to embarking passengers, rotor running embarking and disembarking procedures;
- (b) prior to take-off:
- (i) when, where, why and how carry-on baggage is required to be stowed;
- (ii) the fastening, unfastening, tightening and general use of safety belts or safety harnesses;
- (iii) when tables are to be stowed and seats secured in the upright position;
- (iv) the location of emergency exits, exit location signs, and how the exit operates;
- (v) the location, purpose of, and advisability of reading the safety features card;
- (vi) the requirement to obey crew instructions;
- (vii) the use, location, operation and deployment, as applicable, of emergency equipment such as life rafts, life preservers, ELT, survival equipment and first aid kit including means of access if in a locked compartment;
- (viii) the air operator's policy on the use of portable electronic devices;
- (ix) instructions for immersion suits;
- (x) where applicable to wide body helicopters the method of egress in event of a roll-over accident by use of the under seat frame of the transverse cabin seats as a ladder for egress; and
- (xi) any special instructions related to emergency evacuation if the helicopter is configured with external fixtures (e.g. ski racks);
- (c) after take-off, if not included in the pre take-off briefing:
- (i) smoking is prohibited; and
- (ii) conseiller aux passagers de garder leurs ceintures ou leurs harnais de sécurité bouclés pendant le vol;
- (d) in-flight because of turbulence:
- (i) when the use of seat belts is required; and
- (ii) the requirement to stow carry-on baggage; and
- (e) prior to disembarking of passengers, the safest direction and most hazard-free route for passenger movement away from the helicopter and any hazards associated with the helicopter type such as pitot tube locations, antennae, and rotors.
Where no additional passengers have boarded the flight for subsequent take-offs on the same day, the pre-take-off and after take-off briefing may be omitted provided a crew member has verified that all carry-on baggage is properly stowed, safety belts or harnesses are properly fastened, and seat backs and chair tables are properly secured.
- (1) Standard Safety Briefing
- Date modified: