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 air operatorsoperating under subpart 705 of the CARsfrom the requirements set out in Paragraphs 725.95 (2)(b), (k) and (l) of the Commercial Air Service Standards (CASS) made pursuant to Section 705.95 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Section 705.95 of the CARs states, “No air operator shall operate an aircraft unless the equipment carried on board the aircraft pursuant to Sections 602.61 and 602.63 meets the additional requirements of the Commercial Air Service Standards.”
Subsection 725.95 (2) of the CASS states, in part:
(2) Survival Equipment - Flights Over Water
Where life rafts are required to be carried in accordance with Section 602.63 of the Canadian Aviation Regulations, they shall be equipped with an attached survival kit containing at least the following:
(b) a radar reflector;
(k) a two day supply of water, calculated using the overload capacity of the raft, consisting of one pint of water per day for each person or a means of desalting or distilling salt water sufficient to provide an equivalent amount;
(l) a fishing kit;…”
PURPOSE
The purpose of this exemption is to allow Canadian air operators operating under subpart 705 of the CARs, to be exempted from the requirement to carry the additional equipment as set out in Paragraphs 725.95(2)(b) [radar reflector], (k) [water supply] and (l) [fishing kit] of the CASS.
APPLICATION
This exemption applies to Canadian air operators operating under subpart 705 of the CARs.
CONDITIONS
This exemption is subject to the following conditions:
- Each life-raft survival kit shall contain water, or a means of desalting or distilling salt water, sufficient to provide at least one pint (0.4732 litres) of water per person at the rated capacity of the life raft;
- Where the water, or means of desalting or distilling salt water, cannot be accommodated in the survival kit that is attached to the life raft, it may be stored and carried in an approved auxiliary survival pack that is not attached to the life raft, provided that:
- the auxiliary survival pack can be readily and quickly attached to the life raft, and
- the air operator submits documentation to the Minister identifying that the water, or means of desalting or distilling salt water cannot be accommodated in the survival kit attached to the life raft and will instead be stowed in an auxiliary survival pack that is not attached to the raft.
- Each life-raft survival kit shall meet all other requirements of subsection 725.95(2) of the Commercial Air Service Standards.
- The air operator shall amend the applicable parts of the company operations manual and crew member training programs to reflect the changes in any associated emergency or safety procedures required by the alternate means of compliance authorized by this exemption.
- The air operator shall have written receipt of the Minister’s approval of amendments to the company operations manual and crew member training programs set out in condition 5.
VALIDITY
This exemption is in effect until the earliest of:
- December 31, 2010 at 23:59 EST;
- the date on which any condition set out in this exemption is breached; or
- the date on which this exemption is canceled 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.
CANCELLATION
The exemption from section 705.95 of the Canadian Aviation Regulations, issued to air operators on March 10, 1998, at Ottawa, Ontario, Canada, by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Canada on this 31 day of August 2009, on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by
Martin J. Eley
Director General
Civil Aviation