Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt the pilot-in-command of an IFR aircraft from the requirements set out in subsection 602.128(1) of the Canadian Aviation Regulations (CARs), subject to the conditions specified in this exemption.
Subsection 602.128(1) of the CARs stipulates that no pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory.
Purpose
The purpose of this exemption is to allow the pilot-in-command of an IFR aircraft to conduct instrument approach procedures using minima specified in the Restricted Canada Air Pilot.
Application
This exemption applies to the pilots-in-command of IFR aircraft operated pursuant to an air operator certificate or a private operator certificate.
Interpretation
For the purpose of this exemption:
"Restricted Canada Air Pilot" - means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister of Transport. (Canada Air Pilot restreint)
Conditions
This exemption is subject to the following conditions:
- When conducting an instrument approach procedure published in the Restricted Canada Air Pilot, the pilot-in-command shall
- be employed by an air operator or a private operator who holds the appropriate operations specification for the instrument approach procedure being flown;
- conduct the instrument approach in accordance with the published minima; and
- comply with the conditions specified in the Operations Specification and with any conditions included with the published instrument approach procedure.
- When not conducting an instrument approach procedure in accordance with the minima specified in the Restricted Canada Air Pilot, the pilot-in-command of an IFR aircraft shall continue to meet the requirements of subsection 602.128(1) of the CARs by conducting an instrument approach procedure to the minima that are contained in the Canada Air Pilot.
Validity
This exemption is effective from March 1, 2007 at 23:59 EST and remains in effect until the earliest of the following:
- September 1st, 2008 at 23:59 EDT;
- the date on which any of the conditions set out in this exemption is breached; or
- the date on which the exemption is cancelled by the Minister, in writing, 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, Canada this 28th day of February, 2007, on behalf of the Minister of Transport, Infrastructure and Communities.
OSB Merlin Preuss on February 28, 2007
Merlin Preuss
Director General
Civil Aviation
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