Exemption from paragraph 602.128(2)(B) 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 of Instrument Flight Rule (IFR) aircraft operated by private operators pursuant to subpart 604 of the Canadian Aviation Regulations (CARs), or by air operators pursuant to part VII of the CARs from the requirement in paragraph 602.128(2)(b) of the CARs, subject to the following conditions.

Paragraph 602.128(2)(b) prohibits pilots-in-command of IFR aircraft from descending below the minimum descent altitude, in the case of a non-precision approach, unless the required visual reference necessary to continue the approach to land has been established.

Purpose

The purpose of this exemption is to allow pilots-in-command of IFR aircraft operated by private operators or air operators to descend below the minimum descent altitude when conducting a non-precision approach, even if the required visual reference necessary to continue the approach to land has not been established. This exemption is required in order to accommodate the altitude loss below minimum descent altitude that will likely occur during a missed approach, following a stabilized constant descent angle (SCDA) non precision approach.

Application

This exemption applies to those pilots-in-command of IFR aircraft operated by private operators pursuant to Subpart 604, or by air operators pursuant to Part VII of the CARs who meet all of the requirements set out in the attached Schedule.

Conditions

This exemption is subject to the following conditions:

1. the pilot-in-command shall conduct a final approach descent with a planned stabilized constant descent angle (SCDA) from the final approach fix to a nominal landing runway threshold crossing height of 50 feet;
    
2. the pilot-in-command shall initiate a missed approach upon reaching the earliest of either the minimum descent altitude (MDA), or the missed approach point (MAP), if the required visual reference necessary to continue to land has not been established;
    
3. a stabilized constant descent angle (SCDA) approach shall not be conducted on procedures requiring a remote altimeter setting correction;
    
4. the instrument approach procedure flown is to straight-in minima, and the final approach course shall not be more than 15 degrees from runway centreline;
    
5. the pilot-in-command and the air operator or private operator, as the case may be, shall maintain compliance with all of the requirements set out in the attached Schedule.

Validity

This exemption is in effect until the earliest of:

1. 24:00 EST on November 1, 2003;
    
2. the date on which any condition set out in the exemption is breached;
    
3. the date on which an amendment to the appropriate provisions of the CARs or related standards comes into effect; or
    
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, Canada, this 8^th day of November 2002, on behalf of the Minister of Transport.

Merlin Preuss
Director General
Civil Aviation

Attachment: Schedule