EXEMPTION FROM SUBPARAGRAPHS 705.106(1)(b)(i) and (ii) OF THE CANADIAN AVIATION REGULATIONS

Whereas air operators and persons acting as pilot-in command or second in command wish to participate in a Mixed Fleet Flying program (hereinafter MFF program) and amend their company operations manual, with the approval of Transport Canada Civil Aviation, to introduce the procedures by which the conditions of this exemption will be met:

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 air operators and persons acting as pilot-in-command or second in command, operating a base aeroplane and one or more variants of the same type, common type or different type under an approved MFF program as set out in the air operator’s Company Operations Manual from the requirements of subparagraphs 705.106(1)(b)(i) and (ii), of the Canadian Aviation Regulations (CARs) subject to the following conditions.

The details of the above provisions are attached at Appendix A.

PURPOSE

The purpose of this exemption is to allow air operators and persons acting as pilot-in-command or second in command to operate a base aeroplane and one or more variants of the same type, common type or different type under an approved MFF program after complying with the requirements of a Transition program, in order to provide relief for 90 day pilot qualification requirements on the applicable aeroplane type(s) intended to be operated between training and checking events. 

APPLICATION 

This exemption applies to air operators and persons acting as pilot-in-command or second-in-command operating pursuant to subpart 705 of the CARs who operate a base aeroplane and one or more variants of the same type, common type or different type between training and checking events under an approved MFF program.

CONDITIONS 

This exemption is subject to the following conditions:

1. The air operator shall have an approved Mixed Fleet Flying Program.
2. The air operator and the person acting as pilot-in-command or second-in-command operating one or more aeroplane under the air operator’s approved Mixed Fleet Flying Program shall meet the requirements of an approved Transition Program.
3. An air operator may permit a person to act as a pilot‑in‑command or second-in-command, under an approved MFF program involving a base aeroplane and one or more variants of the same type, common type or different type, provided the person complies with an alternate currency plan, based on the recommendations of the most recent revision of the applicable operational evaluation (OE) report available for the base aeroplane type and the applicable variant(s) of the same type, common type or different type.
4. The air operator shall ensure that the procedures by which the air operator and the person acting as pilot-in-command or second-in-command will meet the above conditions of this exemption, which are based on the most recent recommendations of the applicable operational evaluation board report, are detailed in the air operator’s Company Operations Manual. 

VALIDITY

This exemption is in effect until the earliest of the following :

1. the date on which any condition set out in the exemption is breached;
2. the date on which an amendment modifying the subject matter of section 705.106 of the Canadian Aviation Regulations or related standards, addressed specifically in this exemption comes into effect; or
3. 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, (Ontario) on this 15th day of January 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

OSB Merlin Preuss on January 15, 2008

Merlin Preuss
Director General
Civil Aviation

ANNEX A

705.106 (1) Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person

1. …
2. Within the previous 90 days,
   1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in an aircraft of that type,
   2. has completed five sectors assigned to duty as a flight crew member in an aircraft of that type, or

Date de modification :

2008-09-1