Exemption from subsection 700.02(4) of the Canadian Aviation Regulations

NCR-038-2018

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 persons who hold both a flight training unit (FTU) operator certificate issued pursuant to Subpart 6 of Part IV of the Canadian Aviation Regulations (CARs) and at least one air operator certificate (AOC) issued pursuant to either Subpart 2 or 3 of Part VII of the CARs from the requirement set out in subsection 700.02(4) of the CARs which allows the conduct of aerial work involving the carriage of persons other than flight crew members on board a single-engine aircraft under certain conditions, subject to the following conditions.

Subsection 700.02(4) of the CARs states:

  • “A person who does not hold an air operator certificate may conduct aerial work involving the carriage of persons other than flight crew members on board a single-engined aircraft if
    • (a) the person holds a flight training unit operator certificate;
    • (b) the pilot-in-command is the holder of a valid flight instructor rating in the appropriate category of aircraft;
    • (c) the aircraft is operated in day VFR flight;
    • (d) there are no more than nine passengers on board; and
    • (e) the flight is conducted for the purpose of sightseeing operations.”

Definition

Section 101.01 of the CARs states:

  • sightseeing operation means aerial work in the course of which passengers are disembarked at the point of departure; (excursion aérienne)

Purpose

The purpose of this exemption is to allow a person who holds both a flight training unit (FTU) operator certificate issued pursuant to Subpart 6 of Part IV of the CARs and at least one air operator certificate issued pursuant to Subpart 2 or 3 of Part VII of the CARs to conduct aerial work involving the carriage of persons other than flight crew members on board a single-engine aircraft for the purposes of sightseeing operations without meeting the flight-crew training, competency and recency requirements set out in the Commercial Air Services Standards.

Application

This exemption applies to a person holding concurrently a Flight Training Unit operator certificate issued pursuant to Subpart 6 of Part IV of the CARs and at least one air operator certificate issued pursuant to Subpart 2 or 3 of Part VII of the CARs for the purpose of conducting sightseeing operations with a single-engine aircraft.

This exemption ceases to apply to the person who breaches a condition of the exemption.

Conditions

This exemption is subject to the following conditions:

  1. The person shall hold a flight training unit operator certificate and at least one air operator certificate issued pursuant to Subpart 2 or Subpart 3 of Part VII of the CARs;
  2. The pilot-in-command shall hold a valid flight instructor rating in the appropriate category of aircraft;
  3. The aircraft is a single-engine aircraft;
  4. The aircraft is operated in day VFR flight;
  5. There are no more than nine passengers on board;
  6. The flight is conducted for the purpose of sightseeing operations; and
  7. The operator shall disembark the passengers at the point of departure.

Validity

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

  • a) June 20, 2024 at 23:59 EDT;
  • b) the date on which any condition set out in this exemption is breached; or
  • c) 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, this 21st day of June, 2019 on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General, Civil Aviation

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