EXEMPTION FROM PARAGRAPH 604.145(a) 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 Canadian private operators and persons acting as flight attendants for a Canadian private operator, from the requirements of paragraph 604.145(a) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 604.145(a) of the CARs is reproduced in Appendix A.

INTERPRETATION

The following words have the same meaning as in section 101.01 of the CARs:

“crew member” – means a person assigned to duty in an aircraft during flight time;

“flight attendant” – means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft;

“flight crew member” – means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time;

“passenger” – means a person, other than a crew member, who is carried on board an aircraft;

PURPOSE

The purpose of this exemption is to allow Canadian private operators to permit a person to act – and a person to act – as a flight attendant without having received the training set out in section 604.179 of the CARs.

APPLICATION

This exemption applies to a Canadian private operator and persons acting as flight attendants for a Canadian private operator when 12 or fewer passengers are carried or when no flight attendants are required to be carried on board an aeroplane in accordance with subsection 604.221(3) of the CARs.

This exemption ceases to apply to the Canadian private operator or person acting as flight attendant for a Canadian private operator who breaches a condition of the exemption.

CONDITIONS

This exemption is subject to the following conditions:

  1. No private operator shall permit a person to act — and no person shall act — as a flight attendant unless the person has received the training set out in section 604.179, equivalent training that meets the requirements of subsection 604.140(1), or the training set out in subsection 724.115(30), and the validity period of the training has not expired.
  2. A person who will act as a flight attendant for the private operator, and who has received crew member training under the ground and flight training program of a subpart 704 air operator, may use that training to meet the equivalent training required under this exemption if:
    1. the training received by the person is in respect of the aeroplane type that the person will operate;
    2. the validity period, if any, of that training has not expired; and
    3. the private operator provides the person with training in:
      1. the processes, practices and procedures set out in the private operator’s operations manual;
      2. the differences in installed equipment and operational procedures; and
      3. the private operator’s emergency procedures for the aeroplane in respect of which the person will be assigned duties.

VALIDITY

This exemption is in effect until the earliest of:

  1. November 24th, 2021 at 23:59 EST; or
  2. 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 that it is likely to adversely affect aviation safety.

DATED at Ottawa, Ontario, on this 6th day of December, 2016, on behalf of the Minister of Transport.

(Original signed by)

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

Appendix A

Relevant provisions of the Canadian Aviation Regulations

101.01 Interpretations

  1. In these Regulations:

    “crew member” – means a person assigned to duty in an aircraft during flight time; (membre d'équipage)

    “flight attendant” – means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft; (agent de bord)

604.140 Equivalencies

  1. A person who will act as a crew member for a private operator, and who has received crew member training under the ground and flight training program of an air operator or under the training program of another private operator, may use that training to meet an equivalent training requirement set out in this Subpart if
    1. the training received by the person is in respect of the aircraft type that the person will operate and the private operator’s area of operation;
    2. the validity period, if any, of that training has not expired; and
    3. the private operator provides the person with training in
      1. the processes, practices and procedures set out in the private operator’s operations manual, and
      2. the private operator’s emergency procedures for the aircraft in respect of which the person will be assigned duties.

604.145 Flight Attendant Training

No private operator shall permit a person to act — and no person shall act — as a flight attendant unless

  1. the person has received the training set out in section 604.179 or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired; and
  2. the person has demonstrated to the private operator knowledge of:
    1. the provisions of these Regulations and of standards that affect the responsibilities of a flight attendant,
    2. aeronautical terminology,
    3. the physiological effects of flight, and
    4. the theory of flight.

604.179 Flight Attendants

The component of the training program for flight attendants shall include the following elements:

  1. the roles and responsibilities of the private operator and crew members;
  2. the coordination of crew member duties and crew resource management;
  3. aircraft communications systems and communication procedures in normal, abnormal and emergency conditions;
  4. the content of the briefings given to passengers and crew members;
  5. cabin and passenger safety checks;
  6. aircraft surface contamination procedures;
  7. procedures relating to passengers requiring special treatment;
  8. requirements and procedures relating to seats and restraint systems for passengers and crew members;
  9. procedures for accepting and stowing carry-on baggage, and any applicable restrictions;
  10. policies and procedures relating to the use of portable electronic devices;
  11. procedures for fuelling with passengers on board;
  12. procedures relating to passenger service when the aircraft is on the ground;
  13. safety procedures relating to take-offs, landings and aircraft movements on the surface;
  14. safety procedures relating to the embarkation and disembarkation of passengers and their movement on the apron;
  15. procedures relating to passenger and crew member safety during periods of in-flight turbulence;
  16. procedures for entering the flight deck and for serving beverages and meals to flight crew members;
  17. procedures for dealing with the incapacitation of a crew member;
  18. the location and operation of, and any safety instructions relating to, the various types of cabin exits and the flight deck escape routes;
  19. the operation of cabin systems and of safety and emergency equipment by flight attendants in normal and abnormal conditions;
  20. the actions to be taken with respect to the equipment identified on the minimum equipment list and intended for use by flight attendants;
  21. the actions to be taken in the event of fumes or smoke in the cabin and to prevent fumes or smoke in the vicinity of the aircraft from entering the cabin;
  22. fire detection, fire-fighting systems and fire-fighting procedures;
  23. procedures in the event of loss of cabin pressurization;
  24. how to identify the need for administering supplemental oxygen, and procedures for administering the oxygen;
  25. procedures for the evacuation of passengers and crew members; and
  26. training that includes the performance of the following emergency procedures:
    1. the use of the public address and interphone systems,
    2. the briefing of passengers,
    3. the operation and use of the emergency exits on each type of aircraft to which the flight attendant will be assigned,
    4. emergency evacuation procedures,
    5. if the flight attendants will be assigned to an aircraft equipped with life preservers, the donning and inflation of life preservers,
    6. if the flight attendants will be assigned to an aircraft equipped with an evacuation slide, the identification of the location of the manual inflation handle and the disconnect handle, and an evacuation using the slide,
    7. if the flight attendants will be assigned to an aircraft equipped with either first aid oxygen equipment or portable oxygen equipment, the operation and use of that equipment,
    8. if the flight attendants will be assigned to an aircraft equipped with life rafts, the removal of life rafts from the stowage compartment and the deployment, inflation and boarding of life rafts, and
    9. fire-fighting, including the use of a fire extinguisher on an actual fire.

604.221 Minimum Number of Flight Attendants

  1. No person shall conduct a take-off in an aeroplane that is operated by a private operator and is carrying more than 12 passengers unless the take-off is conducted with the minimum number of flight attendants required on each deck.
  2. Subject to subsections (3) to (5), the minimum number of flight attendants required on each deck is one flight attendant for each unit of 50 passengers or for each portion of such a unit.
  3. No flight attendants are required if
    1. the aeroplane has 13 to 19 passengers on board;
    2. the aeroplane is operated by a pilot-in-command and a second-in-command;
    3. the passenger cabin is readily accessible from the flight deck; and
    4. the flight crew members are able to exercise supervision over the passengers during flight by visual and aural means.

704.33 Apron and Cabin Safety Procedures

  1. No air operator shall assign a person to perform duties on board an aircraft unless that person has received the training referred to in paragraph 704.115(2)(d).

704.115 Training Program

  1. An air operator’s ground and flight training program shall include
    1. initial and annual training for personnel who are assigned to perform duties on board an aircraft;

Relevant provisions of the Commercial Air Service Standards

724.115 Training Programs

  1. General Training Standard
    1. manuals, if applicable, shall be provided during training to each trainee on the subject matter to be taught;
    2. relevant training aids such as fire extinguishers, life preservers, rafts, aircraft components, static aircraft, etc. shall be available relevant to the program being presented; and
    3. comprehensive examinations shall be used to validate competence of the trainee.
  1. Survival Equipment Training

    Training for all crew members shall include the following:

    1. survival concepts;
    2. contents of survival equipment kit; and
    3. how to use the survival equipment carried on board as appropriate for the operation.
  1. Persons Assigned On Board Duties

    Where an air operator has assigned on board duties to a non-flight crew member, that person shall be given adequate initial and annual training to perform the procedures relevant to the duties with which the person is to be involved including, as applicable:

    1. authority of the pilot-in-command;
    2. means of communication;
    3. a general description of the aeroplane in which the person is to serve and the proper use of cabin installed systems controls;
    4. procedures for the handling of normal, abnormal, and emergency situations including:
      1. safe movement in the vicinity of the aeroplane and safe movement to and from the aeroplane;
      2. briefing of passengers;
      3. handling of passengers;
      4. securing of cabin;
      5. location, operation and use of emergency, life saving and survival equipment carried, including practical training;
      6. fire-fighting, including practical training;
      7. decompression;
      8. location, operation and use of emergency exits, including practical training;
      9. passenger preparation for an emergency landing or ditching, including practical training; and
      10. evacuation, including practical training; and
    5. knowledge of the relationship of the procedures with respect to those of the other crew members.
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