EXEMPTION FROM SUBSECTION 704.63(1) OF THE CANADIAN AVIATION REGULATIONS

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 pilots-in-command from the requirement set out in subsection 704.63(1) of the Canadian Aviation Regulations (CARS) not to continue a flight in an aircraft when icing conditions are forecast to be encountered along the route to be flown unless the aircraft is equipped to be operated in those conditions. This exemption is subject to the following condition.

Subsection 704.63(1) states that:

(1)

No person shall conduct a take-off or continue a flight in an aircraft when icing conditions are reported to exist or are forecast to be encountered along the route to be flown unless the aircraft is equipped to be operated in those conditions and the aircraft type certificate authorizes flight in those conditions.

PURPOSE

The purpose of this exemption is to allow pilots-in-command to continue a flight in an aircraft when icing conditions are forecast to be encountered along the route to be flown and the aircraft is not equipped to be operated in those conditions.

APPLICATION

The exemption applies to pilots-in-command when operating aircraft under Subpart 704 of the CARs that are not equipped to be operated when icing conditions are forecast to be encountered along the route to be flown. This exemption does not apply when icing conditions are reported to exist along the route to be flown.

CONDITION

This exemption is subject to the following condition:

Current weather reports, pilot reports, or briefing information relied upon by the pilot-in-command shall indicate that the forecast icing conditions that would otherwise prohibit the flight will not be encountered during the flight because of changed weather conditions since the forecast.

VALIDITY

This exemption is valid until the earliest of:

1. 24:00 EST May 01, 2007;
2. The date on which it is superceded by an amendment to subsection 704.63 of the CARs;
3. The date on which any condition specified in the exemption is breached; or
4. The date on which the exemption is cancelled in writing by the Minister, where he is of the opinion that it is no longer in the public interest or it is likely to affect aviation safety.

CANCELLATION

The exemption from subsection 704.63(1) of the CARS issued on September 15, 1997, at Ottawa by the Director General, Civil Aviation, on behalf of the Minister of Transport, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, on the 30^th day of September 2005, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-02-0