EXEMPTION FROM PARAGRAPHS 604.04(d) AND (g), AND PARAGRAPHS 604.05(a) AND (b) OF THE PRIVATE OPERATORS INTERIM ORDER

From: Transport Canada

EXEMPTION FROM PARAGRAPHS 604.04(d) AND (g),
AND PARAGRAPHS 604.05(a) AND (b) OF THE PRIVATE
OPERATORS INTERIM ORDER

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 Nav Canada, 1601 Tom Roberts Ave., Flight Operations U07, PO Box 9824 Station T, Ottawa, ON K1G 6R2 from paragraphs 604.04(d) and (g), and from the requirement to demonstrate to the Minister compliance with paragraphs 604.05(a) and (b) of the Private Operators Interim Order, dated 14 July 2011 and subsequent interim orders respecting private operators that the Minister may make, subject to the conditions set out below.

PURPOSE

The purpose of this exemption is to permit Nav Canada to apply for a temporary private operator certificate (TPOC) pursuant to the Private Operators Interim Order without having to submit a private operator certificate (POC) issued by the Canadian Business Aviation Association (CBAA) prior to March 31, 2011.

APPLICATION

This exemption applies to Nav Canada who owns and operates one or more aircraft that is subject to the Private Operators Interim Order, dated 14 July 2011 and subsequent Interim Orders respecting private operators that the Minister may make.

CONDITIONS

This exemption is subject to the following conditions:

  1. The private operator applicant shall submit an application for a TPOC to the Minister that contains the information requested in paragraphs 604.04(a), (b),(c),(e) and (f) of the Private Operators Interim Order.

  2. The private operator applicant shall establish and submit to the Minister a private operator’s operations manual in accordance with the requirements specified by condition 4 below.

  3. The private operator applicant shall demonstrate the ability to comply with all other conditions of issuance of a TPOC contained in the Private Operators Interim Order.

  4. In addition to the requirements set out in the Private Operators Interim Order, the private operator shall comply with the additional requirements contained in Annex A of this exemption. 

VALIDITY

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

  1. November 30th, 2013 at 23:59 EDT;

  2. the date on which a new subpart 4 of Part VI of the Canadian Aviation Regulations comes into effect;

  3. the date on which any of the conditions set out in this exemption is breached;

  4. the date on which the Private Operators Interim Order is repealed; or

  5. 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, Canada on this   25th   day of June, 2012, on behalf of the Minister of Transport.

 

“Original signed by”
 

Denis Guindon
Director
National Operations

ANNEX A

This ANNEX contains additional requirements which are not contained in the Private Operator’s Interim Order. 

All references to sections or paragraphs of 604 are to that section contained in the Private Operators Interim Order, dated July 14, 2011 and subsequent interim orders respecting private operators that the Minister may make.

Administrative Requirements

Certification Requirements

  1. The Minister will issue a temporary private operator certificate where the applicant complies with the requirements of paragraphs 604.04(a) to (c), (e) and (f) and paragraphs 604.05 (c) to (h) of the Private Operators Interim Order and the conditions of this exemption.

    See sections 604.06, 604.07, 604.09 and 604.10 for additional requirements.

    Changes to Application Information
    See section 604.08
     

2. Safety Management System and Procedures

SMS Requirementss

 

2.1 Every aircraft operator must establish and maintain a safety management system (SMS) appropriate to the size and complexity of the operation.  The SMS must include:

  1. a safety policy approved and endorsed by the owner, CEO or the person so delegated;
  2. clear authorities, responsibilities and accountabilities for safety at all levels within the air operation;
  3. a company safety-risk profile;
  4. proactive procedures for:
    1. identifying safety issues and concerns, including those associated with human factors, third parties and significant changes to the aviation operations;
    2. evaluating and classifying risks by conducting a risk assessment; and
    3. developing and implementing risk mitigating measures;
  5. effective procedures for involving employees in the establishment and maintenance of the operator’s safety management system and procedures;
  6. a process for identifying applicable regulations, standards, exemptions and guidelines and a process for implementing changes to them;
  7. training programs for company personnel and procedures for ensuring their continuing proficiency and maintenance of competency;
  8. a current operations manual(s);
  9. procedures for the collection and analysis of data/information for assessing safety performance;
  10. systems and procedures for accident and incident reporting, investigation, analysis and development of corrective action;
  11. procedures for periodic external or internal safety audits, reviews by management, monitoring and evaluation of the safety management system and procedures;
  12. systems for monitoring management approved corrective actions resulting from the systems and procedures required above; and,
  13. consolidating safety management system documentation.

The safety management system must incorporate the specific requirements contained in these business aviation operational safety standards.

Audit Requirements

2.2 Every aircraft operator shall satisfactorily complete an audit to establish that the conditions governing the issuance of the TPOC have been met, including a functioning safety management system:

  1. prior to commencing operations under this exemption and after one year of operation.
  2. thereafter, the period between audits shall not exceed three years; or
  3. for cause.

3. Managerial Personnel

See paragraph 604.05(f) and the following:

No private operator shall assign duties to an operations manager appointed under paragraph 604.10(1)(a) — and no person shall accept such an assignment — unless the person;

  1. has demonstrated to the private operator knowledge of
    1. the content of the private operator’s operations manual,
    2. the content of the private operator’s certificate, and
    3. the contents of the Private Operators Interim Order and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect his or her responsibilities.


No private operator shall assign duties to a chief pilot appointed under paragraph
604.10(1)(a) — and no person shall accept such an assignment — unless the person:

  1. is qualified to act as pilot-in-command on a type of aircraft specified on the private operator’s certificate; and
  2. has demonstrated to the private operator knowledge of
    1. the content of the private operator’s operations manual,
    2. the content of the private operator’s certificate, and
    3. the contents of the Private Operators Interim Order and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect his or her responsibilities.

An individual may occupy both of these positions.

 

4. Training and Proficiency

Training Programs

4.1 Every aircraft operator must establish and maintain ground and flight training programs.  Programs developed must ensure that persons who receive training acquire the competencies to perform assigned duties in a safe and effective manner.  Programs must reflect the type of aircraft, normal and emergency operations, and their associated hazards and risks as documented in the company safety-risk profile.

4.2 Ground and flight training programs may be provided through an internal operator training program or by an outside organization.  Every aircraft operator must include, in the operations manual, the syllabus for the training programs.

4.3 The training programs must include:

  1. Flight crew members:
    1. initial training in operator and operating procedures;
    2. initial and annual type ground and flight/simulator training;
    3. emergency procedures;
    4. aircraft surface contamination;
    5. any other requirements to ensure a safe operation or Additional Operating Authorities, such as:
      1. aircraft servicing and ground handling for pilots, (refer to section 604.50)
      2. elementary work,  (refer to section 604.50)
      3. MEL procedures,
      4. Controlled Flight into Terrain (CFIT) avoidance,
      5. low-energy awareness,
      6. fatigue awareness,
      7. Crew Resource Management,
      8. high altitude indoctrination,
      9. engine-out take-off and ferry,
      10. transportation of dangerous goods (Transport Canada is the approving authority),The following items shall be trained IAW division IV of the I.O.
      11. CAT II and CAT III operations,
      12. 1200 and 600 RVR take-off,
      13. RVSM, RNP, MNP, etc. operations,
      14. GPS IFR approaches, and
      15. any specific procedures related to the operator safety management system, and
    6. upgrade training.
  2. Flight attendants:
    1. initial and annual training on:
      1. aircraft type,
      2. standard operating procedures, and
      3. emergency procedures;
    2. any other requirements such as:
      1. Crew Resource Management,
      2. high altitude indoctrination, and
      3. aircraft surface contamination.
  3. Other personnel assigned to perform duties on board an aircraft.
  4. Aircraft maintenance personnel.
  5. Dispatch or flight following personnel, if applicable.

Aircraft Surface Contamination

4.4 Aircraft surface contamination and in-flight icing training must be provided to all aircraft crew members and persons involved in ground handling during initial training and at least every two years thereafter.

 

Emergency Procedures

4.5 Emergency procedure training must include instruction on the location and operation of all emergency equipment.  During initial training and at least every three years thereafter, aircraft crew members must perform the function or action, or obtain a suitable demonstration by other means.

High Altitude Indoctrination

4.6 High altitude indoctrination (HAI) training must be provided for all aircraft crew members operating aircraft above 13, 000 feet ASL during initial training and every three years thereafter.  It should cover at a minimum, the following components:

  1. physiological phenomena in a low pressure environment;
  2. physiological phenomena associated with rapid or explosive loss of pressurization; and
  3. actions of flight crew members immediately following the event.

Proficiency Certification

4.7 Every aircraft operator must establish and include in its operations manual, procedures for the chief pilot to certify the proficiency of pilots.

4.8 Pilot proficiency may be certified using one of the following options:

  1. A pilot proficiency check (PPC) administered using the standard specified in the Transport Canada Approved Check Pilot Manual - TP 6533, or standards acceptable to the Minister, by:
    1. the chief pilot, or other person(s) employed by the operator and qualified to act as pilot in command of the aircraft who is appointed by the chief pilot, who has demonstrated competency in application of the standard;
    2. a Transport Canada Civil Aviation Inspector who is qualified to conduct such a flight test;
    3. an Approved Check Pilot of:
      1. the operator;
      2. another operator conducting operations under these standards; or
      3. an operator conducting operations under Canadian Aviation Regulations Part VII;
    4. a Designated Flight Test Examiner with delegated authority to conduct IFR flight tests and who is qualified to act as pilot-in-command for the aircraft type; or
    5. a pilot examiner from an International Civil Aviation Organization (ICAO) Contracting State that is acceptable to the Minister, who holds authority to conduct such flight tests, and with whom the operator has a contractual arrangement to do proficiency checks.
  2. Training to proficiency to the same standard by the training organization with which the operator has a training contract.

4.9 Pilot proficiency certification must occur:

  1. at the conclusion of initial aircraft type training;
  2. by the first day of the 25th month thereafter; and
  3. any other time when the proficiency of the pilot has been brought into question.

4.10 An aircraft or an approved Level C or D Full Flight Simulator may be used for proficiency certification.

Training and Qualification Records

  1. 4.11 Every aircraft operator must establish and include in its operations manual, a system for recording the training of each person who is required to receive training.  The system must include:
    1. the person’s name and, where applicable, personnel licence number, type and ratings;
    2. if applicable, the person’s medical category and the expiry date of that category;
    3. the dates on which the person successfully completed any required training, proficiency certification or examination;
    4. the type of aircraft or flight training equipment used for any training, proficiency certification or other required qualification;
    5. a certification by the chief pilot or his designee, that the training was successfully completed; and
    6. information relating to any failure of the person to successfully complete any required training, pilot proficiency check or to obtain any required qualification, including corrective action taken.
  2.  
  3. 4.12 Every aircraft operator must retain these records for at least three (3) years.
  4.  
  5.  
  6. Flight Operations

Requirement to Operate in Accordance With Company Operations Manual

  1. 5.1 Every aircraft operator shall ensure that all operations are conducted in accordance with the provisions of its operations manual.

Designation of Flight Crew

  1. 5.2 Every aircraft operator shall designate for each flight:
    1. a pilot-in-command; 
    2. where the flight crew includes two pilots, a second-in-command; and
    3. where the aircraft requires three crew members, a second officer or flight engineer.

Crew Member Qualifications

  1. 5.3 An operator may permit a person to act:
    1. as the pilot-in-command or second-in-command of an aircraft only if the person:
      1. holds the licence and ratings required under Canadian Aviation Regulations Part IV;
      2. has a valid certification of proficiency for the aircraft type; and
      3. has fulfilled the requirements of the operator’s training program required under these standards;
    2. as a flight attendant on board an aircraft only if the person has fulfilled the requirements of the operator’s ground and flight training program required under these standards; or
    3. as a crew member, other than a flight crew member or flight attendant, only if  the person has fulfilled the requirements of the operator’s ground and flight training program required under these standards.

Checklist
5.4 See section 604.13

Operational Control
            5.5 to 5.8 See section 604.11

 

Flight Attendant Requirements
            5.9 and 5.10  See section 604.31

Cabin Safety Procedures
            5.11to 5.13 See sections 604.32 and 604.33

Passenger Briefings
            5.14 and 5.15 See section 604.34

Safety Features Card
            5.16 See section 604.35

  1. Emergency Equipment

 

            6.1 See section 604.44
 
First Aid Kits
            6.2 See section 604.45

Hand-held Fire Extinguishers
            6.3 See section 604.47

Protective Breathing Equipment
            6.4 See section 604.46

  1. Aircraft Maintenance

 

See sections 604.10 and 604.48

 

Maintenance Control System

7.1 and 7.2 See sections 604.49, 604.50, 604.51, 604.52, 604.53 and 604.54

Person Responsible for Maintenance
            7.3 and 7.4 See sections 604.10 and 604.48

Evaluation Program
            7.5 and 7.6  See section 604.53

  1. Fatigue Management

 

8.1 to 8.4 See Sections 604.36 to 604.43

  1. Manuals
  2. 9.1 Every aircraft operator must establish and maintain a current operations manual that contains the following:
    1. a table of contents;
    2. an amendment control page and list of effective pages;
    3. duties, responsibilities and succession of the managerial personnel and crew members;
    4. a description of the operator safety management system;
    5. personnel qualifications, training and proficiency;
    6. weather limitations;
    7. operational flight control;
    8. operations, including standard operating procedures (SOPs);
    9. emergency operations;
    10. accident and incident reporting and follow-up;
    11. record keeping; and
    12. a description of the maintenance control system.

 

  1. 9.2 All operator personnel must be provided access to the current operations manual and a copy must be carried onboard each aircraft.

See Division IV of the Interim Order.

Ops Spec - No Alternate Aerodrome IFR Flight
Ops Spec 402-T, see section 604.17

Ops Spec - Take-Off With Weather Below Landing Limits
Ops Spec 401.T see section 604.18 

Ops Spec - Take-Off Minima

Ops Spec - Take-Off Minima Reported Visibility RVR 1200 (1/4 mile) Ops Spec 404-T
See paragraph 604.18(a)

Ops Spec - Take-Off Minima, Reported Visibility RVR 600 Ops Spec 403-T
See paragraph 604.18(b)

Ops Specs Instrument Approaches

Ops Spec Instrument Approaches – Global Positioning System (GPS) Ops Spec 426-T, see section 604.23

Ops Spec Instrument Approaches Restricted Canada Air Pilot Ops Spec 427-T, see section 604.25

Ops Spec - Instrument Approaches – Category II Ops Spec 428-T, see section 604.29

Ops Spec - Instrument Approaches – Category III Ops Spec 429-T, see section 604.29 Ops

Ops Spec - Operations in Performance Airspace

MNPS Standard for Issue, see section 604.16

RVSM Airspace Ops Spec 408-T, see section 604.22

ADS-B operations Ops Spec 409-T, see section 604.30

Terminal and Enroute Area Navigation Operations RNAV 1 and RNAV 2 Ops Spec 413-T, see section 604.26

RNP 4 Separation Criteria Ops Spec 414-T, see section 604.27

RNAV 5 Separation Criteria Ops Spec 415-T, see section 604.28

RNP-10 Separation Criteria Ops Spec 416-T, see section 604.23

RNPC Airspace Ops Spec Ops Spec 410-T, see section 604.19

CMNPS and RNPC Airspace Ops Spec 411-T, see section 604.20

NAT-MNPS Ops Spec 412-T, see section 604.21

Additional Operating Authorities

Operations Specifications Authorized by the Minister

For operations requiring specific authority other than those listed above, see section 604.30

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