EXEMPTION FROM PARAGRAPHS 604.35(f), (g), (h) and (i) OF THE INTERIM ORDER RESPECTING PRIVATE OPERATORS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian Private Operators from the requirements set out in paragraphs 604.35(f), (g), (h) and (i) of the Interim Order Respecting Private Operators dated May 31, 2013, subject to the conditions set out below.

Relevant provisions of the Interim Order, of the Canadian Aviation Regulations (CARs) and of the standards are set out in Appendix A.

PURPOSE

The purpose of this exemption is to permit all Canadian private operators, who operate aircraft with one or more flight attendants, to provide passengers on those aircraft with safety features cards that do not contain safety information in respect of the following items:

  1. the location of first aid kits;

  2.  the location of hand-held fire extinguishers that are accessible to passengers;

  3. the location of emergency locator transmitters; and

  4. the location of survival equipment and how to access that equipment.

APPLICATION

This exemption applies to the operation of an aircraft by a Canadian private operator with one or more flight attendants on duty.

CONDITIONS

This exemption is subject to the following conditions:

  1. The Canadian private operator shall, before the safety briefing referred to in subsection 604.34(1) of the Interim Order, provide each passenger at his or her seat with a safety features card that shows the type of aircraft and that contains only safety information in respect of the aircraft, including

    1. when and where smoking is prohibited;

    2. when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;

    3. when and where carry-on baggage is to be stowed;

    4. the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing;

    5. the location and operation of the passenger oxygen system, if any, including

      1. the location of the masks and a description of their use,

      2. the actions to be performed by the passenger in order to

        1. obtain a mask,

        2. activate the flow of oxygen, and

        3. don and secure the mask, and

      3. the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask;

    6. passenger brace positions

      1. for each type of seat and passenger restraint system, and

      2. for an adult who is holding an infant

    7. the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of aircraft configuration;

    8. the safest route for passengers to take in order to move away from the aircraft in the event of an emergency;

    9. the attitude of the aircraft while floating, as determined by the aircraft manufacturer;

    10. the location of life preservers, how to remove them from their packaging, how they are to be donned — by adults, by children aged two years or older and by infants — and when to inflate them;

    11. the location, removal and use of flotation devices and of life rafts, if any; and

    12. the form, function, colour and location of the floor proximity emergency escape path markings, if any.

VALIDITY

This exemption is in effect from April 1st, 2014 at 00:01 EDT and valid until the earliest of:

  1. September 30th, 2015 at 23:59 EDT;

  2. the date on which any condition set out in this exemption is breached;

  3. the date on which regulations respecting private operators come into effect; or

  4. the date on which this exemption is cancelled in writing by the Minister where she 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 31st day of March, 2014, on behalf of the Minister of Transport.

 

"Original signed by Aaron McCrorie"

 (for)

Martin J. Eley
Director General
Civil Aviation

 

Appendix A

Relevant provisions of the Interim Order

604.35 Safety Features Card

A private operator shall, before the safety briefing referred to in subsection 604.34(1), provide each passenger at his or her seat with a safety features card that shows the type of aircraft and that contains only safety information in respect of the aircraft, including

(a) when and where smoking is prohibited;

(b) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;

(c) when and where carry-on baggage is to be stowed;

(d) the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing;

(e) the location and operation of the passenger oxygen system, if any, including

(i) the location of the masks and a description of their use,

(ii) the actions to be performed by the passenger in order to

(A) obtain a mask,

(B) activate the flow of oxygen, and

(C) don and secure the mask, and

(iii) the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask;

(f) the location of first aid kits;

(g) the location of hand-held fire extinguishers that are accessible to passengers;

(h) the location of emergency locator transmitters;

(i) the location of survival equipment and how to access that equipment;

(j) passenger brace positions

(i) for each type of seat and passenger restraint system, and

(ii) for an adult who is holding an infant;

(k) the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of aircraft configuration;

(l) the safest route for passengers to take in order to move away from the aircraft in the event of an emergency;

(m) the attitude of the aircraft while floating, as determined by the aircraft manufacturer;

(n) the location of life preservers, how to remove them from their packaging, how they are to be donned — by adults, by children aged two years or older and by infants — and when to inflate them;

(o) the location, removal and use of flotation devices and of life rafts, if any; and

(p) the form, function, colour and location of the floor proximity emergency escape path markings, if any.

 

Relevant provisions of the CARs
(suspended on November 15, 2005)

604.19 Safety Features Card (2005/11/14)

A private operator shall provide each passenger, at the passenger's seat, with a safety features card containing, in printed or pictographic form, the information required by the Private Operator Passenger Transportation Standards.

Relevant provisions of Standard 624 - Private Operator Passenger Transportation (suspended on November 15, 2005)

624.19 Safety Features (2005/11/14)

The safety feature card referred to in subsection 604.19 shall contain the following information as applicable to that specific aeroplane and equipment carried:

Aircraft with Seating for 19 or Less

Information respecting the emergency equipment and exits on the aeroplane in either printed or pictographic form;

Aircraft with Seating for 20 or More

(a) General safety information including:

(i) when and where smoking is prohibited on board the aeroplane;

(ii) each type of safety belt or safety harness installed for passenger use, including when to use, and how to fasten, tighten and release;

(iii) when and where carry on baggage must be stowed; and any other related requirements and restrictions pertinent to that particular aeroplane;

(iv) correct positioning of seat backs and chair tables for take-off and landing;

(b) Emergency procedures and equipment including:

(i) fixed passenger oxygen system showing:

(A) mask location and presentation; the actions to be performed by the seated passenger in order to obtain the mask, activate the flow of oxygen and correctly don and secure the mask;

(B) priority for persons assisting others with oxygen;

(C) smoking restrictions;

(ii) location of first aid kit(s);

(iii) location of fire extinguisher(s) that would be accessible to the passengers;

(iv) location of Emergency Locator Transmitter(s);

(v) location of survival equipment, and if the stowage compartment is locked, the means of access or location of the key;

(vi) passenger brace position for impact, as appropriate for each type of seat and restraint system installed for passenger use; including the brace position for an adult holding an infant;

(vii) the location, operation and method of using each emergency exit type on the aeroplane, including identification of those emergency exits known to be rendered unusable in a ditching or because of aeroplane configuration such as a combi configuration;

(viii) the safest direction and most hazard-free escape route for passenger movement away from the aeroplane following evacuation;

(ix) the attitude of the aeroplane while floating;

(x) location of life preservers and correct procedures for removal from stowage/packaging; donning and use of the life preserver for adult, child and infant users including when to inflate;

(xi) location and use of life rafts;

(xii) location, removal and use of flotation devices; and

(xiii) the form, function, colour and location of any Floor Proximity Emergency Escape Path lighting system if installed.

(c) The safety card shall bear the name of the aeroplane type and shall contain only safety information.

(d) The safety information provided by the card shall:

(i) be accurate for that specific aeroplane type and configuration in which it is carried and in respect of the equipment carried;

(ii) be presented with clear separation between each instructional procedure. All actions required to complete a multi-action procedure to be presented in correct sequence and the sequence of actions to be clearly identified;

(iii) be depicted in a clear and distinct manner.

Information Note: The safety information provided by the card may also be in languages as dictated by the private operator's destinations.

Relevant provisions of the Standard 725 - Airlines Operations - Aeroplanes

725.44 Safety Features Card and Supplemental Briefing Card

(1) The safety features card shall contain the following information as applicable to the aeroplane and equipment carried:

(a) general safety information including:

(i) smoking is prohibited on board the aeroplane;

(ii) each type of safety belt or safety harness installed for passenger use, including when to use, and how to fasten, tighten and release;

(iii) when and where carry on baggage must be stowed for take-off and landing; and any other related requirements and restrictions pertinent to that particular aeroplane; and

(iv) correct positioning of seat backs and chair tables for take-off and landing;

(b) emergency procedures and equipment including:

(i) fixed passenger oxygen system showing:

(A) mask location and presentation; the actions to be performed by the seated passenger in order to obtain the mask, activate the flow of oxygen and correctly don and secure the mask; and

(B) priority for persons assisting others with oxygen;

(ii) for aeroplanes where flight attendants are not required:

(A) location of first aid kits;

(B) location of fire extinguishers that would be accessible to the passengers;

(C) location of Emergency Locator Transmitters; and

(D) location of survival equipment, and if the stowage compartment is locked, the means of access or location of the key;

(iii) passenger brace position for impact, as appropriate for each type of seat and restraint system installed for passenger use; including the brace position for an adult holding an infant;

(iv) the location, operation and method of using each emergency exit type on the aeroplane, including identification of those emergency exits known to be rendered unusable in a ditching or because of the aeroplane configuration such as a combi configuration;

(v) the safest direction and most hazard-free escape route for passenger movement away from the aeroplane following evacuation;

(vi) the attitude of the aeroplane while floating;

(vii) location of life preservers and correct procedures for removal from stowage/packaging; donning and use of the life jacket for adult, child and infant users including when to inflate;

(viii) location and use of life rafts;

(ix) location, removal and use of flotation devices; and

(x) the form, function, colour and location of any Floor Proximity Emergency Escape Path lighting system that is installed.

(c) The safety features card shall bear the name of the air operator and the aeroplane type and shall contain only safety information.

(d) The safety information provided by the card shall:

(i) be accurate for the aeroplane type and configuration in which it is carried and in respect of the equipment carried;

(ii) be presented with clear separation between each instructional procedure. All actions required to complete a multi-action procedure to be presented in correct sequence and the sequence of actions to be clearly identified; and

(iii) be depicted in a clear and distinct manner.

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