EXEMPTION FROM PARAGRAPH 605.26(1)(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 both in the public interest and is not likely to affect aviation safety, I hereby exempt all passengers responsible for an infant for which no child restraint system is provided from the requirement of paragraph 605.26(1)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions identified herein.

Paragraph 605.26(1)(b) states that where the pilot-in-command or the in-charge flight attendant directs safety belts to be fastened, every person who is not an infant shall, if responsible for an infant for which no child restraint system is provided, hold the infant securely in the passenger's arms.

PURPOSE

The purpose of this exemption is to allow the use of the AmSafe CARES™ device, on Canadian registered aircraft.

APPLICATION

This exemption applies only to passengers responsible for an infant for which no child restraint system is provided and are traveling on Canadian registered aircraft.

DEFINITION

For the purpose of this exemption, the following definition applies:

“Infant”- means a person under two years of age; (enfant en bas âge)

“CARES™” – means the AmSafe child aviation restraint system or child restraint system (CRS) assembly, part number 4082-1-( )-( )

CONDITIONS

This exemption is subject to the following conditions:

1. The CARES™ device shall be used and the infant using the CARES™ device shall be accompanied by a parent or guardian who will attend to the safety of the infant during the flight;
2. The infant using the CARES™ device shall be at least one year of age;
3. The device shall be used within the limitations specified by the manufacturer found on the CARES™ device;
4. The CARES™ device shall bear a legible label indicating the applicable design and approval standards;
5. Every passenger who is responsible for an infant who is using the CARES™ device on board an aircraft shall be
   1. seated in a seat adjacent to the seat to which the CARES™ device is secured;
   2. familiar with the manufacturer's installation instructions for the CARES™ device;
   3. familiar with the method of securing the person in the CARES™ device and of releasing the person from it; and
   4. familiar with the procedures for evacuation of the infant using the CARES™ device.
6. The air operator on which the CARES™ device is used shall have incorporated these conditions into their company procedures and training programs for the employees affected by this exemption.

VALIDITY

This exemption is valid until the earliest of:

1. 23:59 EST, May 1, 2008;
2. the date on which any condition set out in this exemption is breached;
3. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations or related Commercial Air Service 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 is likely to affect aviation safety.

Dated at Ottawa, Canada on this 24th day of December, 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

“Original signed by Merlin Preuss, on Monday, December 24th, 2007”

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2008-04-1