NCR-047-2020
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 adversely affect aviation safety or security, I hereby exempt Canadian airport operators that currently provide Aircraft Rescue and Fire Fighting (ARFF) from the requirements of subsection 303.06(1) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Subsection 303.06(1) of the CARs states that the operator of an airport or aerodrome shall review, at least once every six months, the statistics in respect of the number of emplaned and deplaned passengers resulting from the Electronic Collection of Air Transportation Statistics project carried out jointly by the Department of Transport and Statistics Canada for the twelve months preceding the date of the review and determine whether the airport or aerodrome qualifies as a designated airport under subsection 303.02(1).
The above mentioned provisions are reproduced in Appendix A.
Purpose
The purpose of this exemption is to provide flexibility to Canadian airport operators that currently provide ARFF services and are experiencing an unprecedented drop in passenger numbers due to COVID-19 health protective measures. This flexibility to the requirements under Subpart 3, Aircraft Rescue and Fire Fighting at Airports and Aerodromes, of Part III of the CARs and its applicability would be provided by allowing them to consider anticipated passenger numbers in addition to current actual numbers to determine if they are equal or below the 180,000 passenger number of emplaned and deplaned passengers threshold. These numbers, combined with a projection of the upcoming 12 months, would establish an equivalent regulatory level to those airports that were receiving 180,000 or less annual passengers prior to the current situation.
As the COVID-19 situation continues to evolve, this exemption will provide Canadian airport operators with a temporary modification of the methodology to review and compile the statistics in respect of the number of the number of passengers that are emplaned and the number of passengers that are deplaned.
Application
This exemption applies to Canadian airport operators currently providing ARFF in accordance with Subpart 3 of Part III of the CARs
This exemption ceases to apply to a Canadian airport operator that does not respect a condition of this exemption.
Conditions
This exemption is subject to the following conditions:
- The Canadian airport operator who elects to exercise the privileges of this exemption shall review and compile the statistics in respect of the number of emplaned and deplaned passengers at the beginning of each month, using the daily flight schedule based on the most recent schedule provided by the air carriers as follows:
- a) the review shall include actual number of emplaned and deplaned passengers since April 1, 2020;
- b) the review shall include an estimation of the number of emplaned and deplaned passengers for the upcoming 3 months;
- c) the total of a) and b) above shall be extrapolated for an estimation of number of emplaned and deplaned passengers over a 12 month period;
- d) where the total number from c) are equal to or below 180,000, the airport operator may cease the services provided under Subpart 3 of Part III of the CARs for the next 2 months; and
- e) records of the above review shall be maintained for a period of 18 months.
- The Canadian airport operator who elects to exercise the privileges of this exemption shall:
- a) review and amend their Airport Emergency Plan, as required, to comply with Division II of Subpart 2 of Part III of the CARS “Airport Emergency Planning” to reflect the cessation of AARF services and any other changes;
- b) issue a NOTAM advising of the change in level of service; and
- c) notify their regional Transport Canada Civil Aviation (TCCA) office; and
- d) include a copy of this exemption in their Airport Operating Manual (AOM) as a temporary addendum.
Validity
This exemption is in effect to the earliest of the following:
- a) June 30, 2021 at 23:59 (EDT); or
- b) 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 is likely to adversely affect aviation safety or security.
Dated at Ottawa, Ontario, this 20th day of April, 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General, Civil Aviation
Transport Canada
Appendix A
Relevant provisions of the Canadian Aviation Regulations
Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes
Application
- 303.02 (1) This Subpart, except subsections 303.03(2) and 303.04(4), applies in respect of a designated airport, which is an airport at which, according to the statistics referred to in subsection 303.06(1), the total of the number of passengers that are emplaned and the number of passengers that are deplaned is more than 180,000 per year.
- (2) This Subpart, except subsections 303.03(1) and 303.04(1) to (3), sections 303.06 and 303.07, subsection 303.10(2) and sections 303.11 and 303.12, applies in respect of a participating airport or aerodrome
[…]
Statistics on the Number of Passengers and Aircraft Movements
- 303.06 (1) The operator of an airport or aerodrome shall review, at least once every six months, the statistics in respect of the number of emplaned and deplaned passengers resulting from the Electronic Collection of Air Transportation Statistics project carried out jointly by the Department of Transport and Statistics Canada for the twelve months preceding the date of the review and determine whether the airport or aerodrome qualifies as a designated airport under subsection 303.02(1).
- (2) The operator of a designated airport shall compile monthly statistics setting out the number of movements by commercial passenger-carrying aircraft in each aircraft category for fire fighting.
- (3) The operator of a designated airport shall, at least once every six months, review the monthly statistics for the twelve months preceding the date of the review and determine the three consecutive months with the highest total number of movements by commercial passenger-carrying aircraft in all aircraft categories for fire fighting.
- (4) Where the review shows more than one period of three consecutive months having the same total number of movements by commercial passenger-carrying aircraft, the period to be used for the purposes of section 303.07 is
- (a) the period involving the highest aircraft category for fire fighting; or
- (b) where those periods involve the same highest aircraft category for fire fighting, the period involving the greatest number of movements in that category.
- (5) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to cease providing an aircraft fire-fighting service if the operator demonstrates by means of a risk analysis based on Standard CAN/CSA-Q850-97 entitled Risk Management: Guideline for Decision-makers as amended from time to time that the cessation of the aircraft fire-fighting service will not result in an unacceptable risk to aviation safety.
- (6) If the Minister issues an authorization under subsection (5), the operator of a designated airport shall submit the content of the authorization for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.
- (7) The operator of a designated airport shall
- (a) retain the monthly statistics referred to in subsection (2) for five years after the date of the review; and
- (b) provide them to the Minister at the Minister’s request.