EXEMPTION FROM SUBSECTION 705.104(1) 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 air operators operating under subpart 705 of the Canadian Aviation Regulations (CARs) from the requirements of Subsection 705.104(1) of theCARs, subject to the conditions set out below.

Section 705.104 of the CARs states, in part:

“Subject to subsection (3), no air operator shall operate an aircraft with passengers on board unless the crew includes at least the following number of flight attendants:

  1. 1 to 40 passengers on board, one attendant;

  2. 41 to 80 passengers on board, two attendants; and

  3. 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof…”

Whereas Section 101.01 of the CARs defines the term “crew member” as a person assigned to duty in an aircraft during flight time and “passenger” as a person, other than a crew member, who is carried on board an aircraft.

PURPOSE

The purpose of this exemption is to allow Canadian air operators operating under Subpart 705 of the CARs, when determining the minimum number of required flight attendants for a particular flight, to exclude from the count those passengers carried in the flight deck.

APPLICATION

This exemption applies to Canadian air operators operating under subpart 705 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. When passengers are carried on board, the air operator shall operate the aircraft with at least the following number of flight attendants:

    1. 1 to 40 passengers on board, one flight attendant;

    2. 41 to 80 passengers on board, two flight attendants; and

    3. 81 or more passengers on board, one flight attendant for each unit of 40 passengers or portion thereof.

  2. When determining the number of passengers on board, the air operator shall count all passengers, except for those passengers identified in paragraphs 705.27(3)(c), (d) or (e) of the CARs who have been admitted to the flight deck.

  3. The pilot-in-command shall provide all passengers in the flight deck with a passenger briefing in accordance with Section 602.89 of the CARs.

  4. The air operator shall provide a safety features card for each passenger that occupies a flight deck observer seat.

  5. The air operator shall include procedures in their company operations manual and flight attendant manual to guide crew members in the application of this exemption.

VALIDITY

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

  1. December 31st, 2015 at 23:59 EST;

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

  3. the date on which this exemption is canceled 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 3rd day of June 2014, on behalf of the Minister of Transport.

“Original signed by Denis Guindon (for)”

Martin J. Eley
Director General
Civil Aviation

Appendix A

Relevant provisions of the CARs

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)

  • “flight crew member” - means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time; (membre d'équipage de conduite)

  • “passenger” - means a person, other than a crew member, who is carried on board an aircraft; (passager)

602.89 Passenger Briefings

(1) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed before take-off with respect to the following, where applicable:

  1. the location and means of operation of emergency and normal exits;

  2. the location and means of operation of safety belts, shoulder harnesses and restraint devices;

  3. the positioning of seats and the securing of seat backs and chair tables;

  4. the stowage of carry-on baggage;

  5. where the aircraft is unpressurized and it is possible that the flight will require the use of oxygen by the passengers, the location and means of operation of oxygen equipment; and

  6. any prohibition against smoking.

(2) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed

  1. in the case of an over-water flight where the carriage of life preservers, individual flotation devices or personal flotation devices is required pursuant to section 602.62, before commencement of the over-water portion of the flight, with respect to the location and use of those items; and

  2. in the case of a pressurized aircraft that is to be operated at an altitude above FL 250, before the aircraft reaches FL 250, with respect to the location and means of operation of oxygen equipment.

(3) The pilot-in-command of an aircraft shall, before take-off, ensure that all of the passengers on board the aircraft are provided with information respecting the location and use of

  1. first aid kits and survival equipment;

  2. where the aircraft is a helicopter or a small aircraft that is an aeroplane, any ELT that is required to be carried on board pursuant to section 605.38; and

  3. any life raft that is required to be carried on board pursuant to section 602.63.

705.27 Admission to Flight Deck

(1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector's duties, as determined by the inspector.

(3) No person shall be admitted to the flight deck of an aeroplane other than

  1. a flight crew member;

  2. a crew member performing their duties;

  3. an inspector referred to in subsection (1);

  4. in accordance with the procedures specified in the company operations manual,

    1. an employee of the air operator who is not a crew member performing their duties, and

    2. a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator; and

  5. a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

(4) The air operator shall verify

  1. in the case of a person referred to in paragraph (3) (d) or (e), the identity of the person by means of a personal photo identification issued by the air operator, its wholly owned subsidiary, its code share partner or a foreign government or a restricted area pass as defined in the Canadian Aviation Security Regulations; and

  2. in the case of a person referred to in paragraph (3) (d), the fact that

    1. the person is currently employed by the air operator, or by a wholly owned subsidiary or code share partner of the air operator, and

    2. no seat is available for the person in the passenger compartment.

(5) No person referred to in paragraph (3)(d), except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, shall be admitted to the flight deck if a seat is available in the passenger compartment.

705.104 Flight Attendant Requirements

(1) Subject to subsection (3), no air operator shall operate an aircraft with passengers on board unless the crew includes at least the following number of flight attendants:

  1. 1 to 40 passengers on board, one attendant;

  2. 41 to 80 passengers on board, two attendants; and

  3. 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof.

(2) Notwithstanding subsection (1), no air operator shall operate an aircraft with passengers on board with fewer flight attendants than the number required to satisfy the following requirements:

  1. the air operator shall, for each type and model of aircraft that it operates, assign to each flight attendant the duties to be performed in an emergency, including an emergency evacuation, and shall show that the performance of those duties adequately meets any emergency that may be reasonably anticipated, including the possible incapacitation of another flight attendant; and

  2. the air operator shall ensure that the duties assigned pursuant to paragraph (a) are described in its company operations manual.

(3) An air operator may operate an aircraft with passengers on board with a crew that includes fewer than the minimum number of flight attendants required by subsection (1), if the air operator

  1. is authorized to do so in its air operator certificate; and

  2. complies with the Commercial Air Service Standards.

(4) Where an aircraft has more than one deck, the number of flight attendants on each deck shall be in accordance with subsections (1) and (2).

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