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:
- Canadian private operators operating under Subpart 604 of the Canadian Aviation Regulations (CARs) or in accordance with a Private Operator Certificate (POC) issued by the Canadian Business Aircraft Association (CBAA), who are authorized to conduct Reduced Vertical Separation Minima (RVSM) operations; and
- Canadian air operators operating under Subparts 705, 704, 703 and 702 of the CARs, who are authorized to conduct RVSM operations, from the requirements to comply with conditions and operations specifications in the Air Operator Certificate as required by sections 705.02, 704.02, 703.02, 702.02 and section 604.02 of the CARs as applicable, specifically and exclusively from the requirements of Height Monitoring Unit (HMU) validation overflight stated in ICAO/FAA Document 91-RVSM prescribed by subparagraphs 725.08(2)(d)(ii), 724.08(2)(d)(ii), 723.08(2)(d)(ii) and 722.08(2)(d)(ii) of the Commercial Air Service Standard, (CASS) and subparagraph 624.06(2)(d)(ii) of the Private Operator Passenger Transportation Standards (POPTS) as applicable, made pursuant to subparagraphs 705.08(g)(vi), 704.08(g)(vi), 703.08(g)(x), 702.08(g)(vii) and 604.06(h)(iii) of the CARs as applicable, subject to the following conditions:
Sections 705.02, 704.02, 703.02, 702.02 and 604.02 of the CARs require that no air operator, or private operator, as the case may be, shall operate an aircraft unless the air operator or private operator complies with the conditions and operations specifications in an air operator certificate or a POC issued to that operator by the Minister;
Subparagraphs 705.08(g)(vi), 704.08(g)(vi), 703.08(g)(x), 702.08(g)(vii) and 604.06(h)(iii) of the CARs require that a private operator certificate or an air operator certificate shall contain, where the private or the air operator complies with the Private Operator Passenger Transportation Standards, or the Commercial Air Service Standards, operations specifications with respect to:
…
navigation system authorizations, or
any other condition pertaining to the operation that the Minister deems necessary for aviation safety, as the case may be;
Subparagraphs 725.08(2)(d)(ii), 724.08(2)(d)(ii), 723.08(2)(d)(ii) and 722.08(2)(d)(ii) of the CASS and subparagraph 624.06(2)(d)(ii) of the POPTS states in part that:
“The standards for authorization to operate in Reduced Vertical Separation Minima (RVSM) airspace are:
(ii) the operator shall comply with the ICAO/FAA Document 91-RVSM and meet the other applicable requirements of ICAO NAT DOC 001”
ICAO/FAA Document 91-RVSM requires the following:
“Initial Monitoring. All air operators that operate or intend to operate in airspace where RVSM is applied are required to participate in the RVSM monitoring program.
Operator’s airframes are to be monitored as soon as possible, but not later than 6 months after the issue of operational approval or not later than six months after the start of North American RVSM operations, whichever occurs later. “
PURPOSE
The intent of this exemption is to allow Canadian private and air operators authorized to conduct RVSM operations, to continue these operations without meeting the HMU validation overflight requirement of the ICAO/FAA Document 91–RVSM mandated by subparagraphs 725.08(2)(d)(ii), 724.08(2)(d)(ii), 723.08(2)(d)(ii) and 722.08(2)(d)(ii) of the CASS and subparagraph 624.06(2)(d)(ii) of the POPTS as applicable, until six (6) months after the certification of the HMU at Lethbridge, Alberta or Ottawa, Ontario as applicable, or March 31 2007, whichever occurs first.
APPLICABILITY
This exemption applies to Canadian private operators operating under Subpart 604 of the CARs or pursuant to a Private Operator Certificate (POC) issued by the CBAA and Canadian air operators operating under Subparts 702, 703, 704 and 705 of the CARs, who are authorized to operate aircraft within RVSM airspace that are not able to meet the HMU validation overflight requirement of the ICAO/FAA Document 91–RVSM within six (6) months of their aircraft certification.
CONDITIONS
This exemption is subject to the following conditions:
- The private operator and air operator shall hold a valid authorization in the form of an operations specification to operate the specified aircraft in RVSM airspace;
- The private operator and air operator shall complete a monitoring overflight at the earliest opportunity, but not later than six (6) months after the HMU facility at Lethbridge, Alberta, or Ottawa, Ontario are certified as fully functional for that purpose by Nav Canada;
- The private operator and air operator shall comply with all other conditions and operations specifications in the Operator Certificate as required by sections 705.02, 704.02, 703.02, 702.02 and 604.02 of the CARs as applicable; and
- The private operator and air operator shall comply with all other requirements of subparagraphs 705.08(g)(vi), 704.08(g)(vi), 703.08(g)(x), 702.08(g)(vii) and 604.06(h)(iii) of the CARs as applicable, paragraphs 725.08(2)(d), 724.08(2)(d), 723.08(2)(d) and 722.08(2)(d) of the CASS and subparagraph 624.06(2)(d) of the POPTS as applicable, the ICAO/FAA Document 91-RVSM and ICAO NAT DOC 001.
VALIDITY
This exemption is in effect until the earliest of the following:
- March 31, 2007 at 23:59 EST;
- Six (6) months after the date on which the RVSM HMU facilities at Lethbridge, Alberta, or Ottawa, Ontario, as applicable, are certified as fully functional for the purpose of RVSM monitoring overflights by Nav Canada;
- The date on which any of the conditions set out in this exemption is breached; or
- 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 it is likely to affect aviation safety.
EXEMPTION CANCELLATION
This exemption hereby replaces and cancel the exemption issued on July 19, 2005 by the Director General Civil Aviation on behalf of the Minister of Transport to Canadian air operators, who are authorized to conduct RVSM operations, which exempts them from the requirements of subparagraph 705.08(g)(vi) of the CARs and subparagraph 725.08(2)(d)(ii) of the CASS, because it is the opinion of the Minister that it is in the public interest to issue the same exemption to all Canadian air operators and Canadian private operators.
Dated at Ottawa, Canada this 31st day of October, 2005, on behalf of the Minister of Transport.
Signed by:
Merlin Preuss
Director General
Civil Aviation
- Date de modification :