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 when operating aircraft under Subpart 704 from the requirement set out in subsection 704.63(1) of the Canadian Aviation Regulations (CARS) which prohibits the take-off or continuation of 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, subject to the following conditions.

Subsection 704.63(1) states:

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 take-off or 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 icing 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 or when it is the opinion of the pilot-in-command that the safety of the flight might be adversely affected.  This exemption does not apply to flights where the aircraft is equipped for icing conditions.

CONDITION

This exemption is subject to the following conditions:

1. The pilot-in-command shall have reason to believe, based on the current weather reports, pilot reports, or briefing information, that the forecast icing conditions will not be encountered along the route to be flown because of changed weather conditions since the forecast.
2. The pilot-in-command shall not take-off or continue a flight where he is of the opinion that the safety of the flight might be adversely affected and;
3. The pilot-in-command shall not operate in icing conditions.

VALIDITY

This exemption is valid from 00:01 EST May 02, 2007 until the earliest of:

1. The date on which an amendment modifying the subject matter of paragraph 704.63(1) of the Canadian Aviation Regulations or related Standard, addressed specifically in this exemption, comes into affect;
2. The date on which any condition specified in the exemption is breached; or
3. 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.

Dated at Ottawa, on the 1^st day of May 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

OSB Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2007-03-2