EXEMPTION FROM 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 affect aviation safety, I hereby exempt Private Operators from the requirement of subsection 604.31(1) of the Private Operators Interim Order dated 1 April 2011 and subsequent Interim Orders respecting private operators that the Minister may make, as they relate to Private Operators, subject to the following conditions.

PURPOSE

The purpose of this exemption is to permit Private Operators to operate aircraft that meet the conditions specified below, with a ratio of one flight attendant per 50 passenger seats as opposed to a ratio of one flight attendant for each unit of 40 passengers as prescribed by subsection 604.31(1).

APPLICATION

This exemption applies to all Private Operators holding a Temporary Private Operator Certificate who operate aircraft that meet the conditions specified below.

CONDITIONS

This exemption is subject to the following conditions:

1. A private operator may operate an aircraft configured for 50 or fewer passenger seats with only one flight attendant if;
   1. the aircraft is type-certificated to the airworthiness standards for transport category airplanes set out in Title 14 Code of Federal Regulations Part 25, Amendment 25-51 or later;
   2. the aircraft has met the emergency evacuation demonstration requirements set out in section 525.803 of the Airworthiness Manual or their equivalent, using no more than one flight attendant for the demonstration;
   3. the public address system and the crew member interphone system at the approved flight attendant take-off and landing station are operative;
   4. emergency and normal procedures set out in the flight attendant manual clearly reflect the differences for when only one flight attendant is on board and for when more than one is on board; and
   5. the flight attendant is assigned to occupy the approved flight attendant take-off and landing station located near a floor-level exit.
2. Despite condition 1(c), an aircraft whose public address system is inoperative may be operated for a maximum of three consecutive flight cycles if;
   1. alternative operating procedures are specified in the private operator’s company operations manual;
   2. the crew member interphone system, including the associated calls or chimes, is operative;
   3. a megaphone is readily available and operative;
   4. the aircraft is not departing from a maintenance base;
   5. self-extension relief is not applied to this item of the minimum equipment list;
   6. a second flight attendant is added to the crew at the first opportunity; and
   7. if the aircraft is departing from a flight attendant base, a second flight attendant is added and is assigned to a flight attendant station or, for aircraft equipped with only one flight attendant station, to an aisle passenger seat in an exit row.

VALIDITY

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

1.  30 September 2012, 23:59 (EDT);
2. The date on which any of the conditions set out in this exemption is breached;
3. The date on which regulations respecting private operators come into effect.
4. 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 affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 20th day of May, 2011, on behalf of the Minister of Transport.

Original signed by

Martin J. Eley
Director General / Directeur Général
Civil Aviation/ Aviation civile

Date de modification :

2011-06-0