EXEMPTION FROM SUBPARAGRAPHS 705.27(3)(D)(II) AND 705.27(4)(B)(I) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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, I hereby exempt Canadian air operators conducting operations under Subpart 705 of the Canadian Aviation Regulations(CARs) and the pilots-in-command at their employ from the requirements set out in subparagraphs 705.27(3)(d)(ii) and 705.27(4)(b)(i) of the CARS, specifically pertaining to a pilot, subject to the following conditions.

Section 705.27 of the CARs is reproduced in Appendix A.

INTERPRETATION

“non-operational pilot” means a pilot commuting to or from a flight assignment or travelling for personal reasons. (pilote non-opérationnel)

PURPOSE

The purpose of this exemption is to allow Canadian air operators conducting operations pursuant to Subpart 705 of the CARs to offer an observer seat in the flight deck on a domestic flight to a non-operational pilot who is:

  1. a) employed by the offering air operator;
  2. b) employed by a Canadian air operator operating under Subparts 2, 3, 4 or 5 of Part VII of the CARs;
  3. c) employed by a foreign air operator operating under Subpart 1 of Part VII of the CARs that is a code share partner who has entered into a valid code-share agreement, which is currently in force, with the offering air operator; or
  4. d) employed by a foreign air operator operating under Subpart 1 of Part VII of the CARs that is a wholly owned subsidiary of the offering air operator.

The purpose of this exemption is to allow pilots-in-command to grant admission to the non-operational pilot for whom the transport has been pre-approved by the offering air operator, notwithstanding the availability of a seat in the passenger compartment.

This exemption does not allow Canadian air operators to offer an observer seat to a pilot employed by a foreign air operator operating under Subpart 1 of Part VII of the CARs that is not a code share partner with the offering air operator.

APPLICATION

This exemption applies to a Canadian air operator conducting operations in Canada pursuant to Subpart 705 of the CARs and pilots-in-command at its employ who offer an observer seat in the flight deck on a domestic flight to a non-operational pilot.

CONDITIONS

This exemption is subject to the following conditions:

1.  The air operator shall establish a process to advise the pilot-in-command that a request from a non-operational pilot to occupy the observer seat in the flight deck has been approved and that the pilot-in-command may grant admission to the flight deck to that non-operational pilot for the purposes of occupying the observer seat.

2.  The air operator shall include, in its Company Operations Manual, procedures for its personnel pertaining to the use of flight deck observer seats by non-operational pilots, including the following procedures:

  1. (a) verification of the  pilot’s employment status;
  2. (b) approval of the pilot by the air operator; and
  3. (c) notification by the air operator to the pilot-in-command of the approval.

3.  The air operator shall comply with the procedures set out in its Company Operations Manual pertaining to the use of observer seats by non-operational pilots.

4.  The air operator and pilot-in-command shall not grant admission to the flight deck observer seat on international or trans-border flights.

5.  Based on the information provided to the air operator by the non-operational pilot making the request for admission, the air operator shall verify and confirm that the non-operational pilot is currently employed by an air operator.

6.  The air operator shall maintain a record of non-operational pilots using the flight deck observer seat by recording at least the pilot’s name, the date of the flight, and the flight numbers.

7.  The air operator shall comply with the provisions of the Identity Screening Regulations pertaining to boarding gate.

8.  The air operator shall advise the pilot-in-command that the specified pilot has been approved to occupy the flight deck observer seat.

9.  The pilot-in-command shall not grant admission to the flight deck observer seat to the non-operational pilot unless:

  1. a) the pilot-in-command has been advised by the air operator that the request of the non-operational pilot has been approved by the offering air operator; and
  2. b) the pilot-in-command has verified the identity of the non-operational pilot by examining and comparing:
    1. (i) in the case of a Canadian non-operational pilot, the pilot’s Restricted Area Identity Card (RAIC) with one of the following:
      1. (A) a valid passport;
      2. (B) a valid aviation document booklet which has not expired and includes a valid airline transport pilot licence and a valid Category 1 medical certificate;
      3. (C) a valid aviation document booklet which has not expired and includes a valid commercial pilot licence and a valid Category 1 medical certificate;
      4. (D) a valid aviation document booklet which has not expired and includes a valid multi-crew pilot licence and a valid Category 1 medical certificate; or
      5. (E) a valid company identification provided by the employer;

or

    1. (ii) in the case of a foreign non-operational pilot, the pilot’s valid company identification provided by the employer with one of the following:
      1. (A) a valid passport;
      2. (B) a valid airline transport pilot licence and a valid medical certificate;
      3. (C) a valid commercial pilot licence and a valid medical certificate; or
      4. (D) a valid multi-crew pilot licence and a valid medical certificate.

10.  The pilot-in-command may deny admission to the flight deck for any security or safety of flight concern that he or she considers valid at that time.

VALIDITY

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

  1. a) September 1, 2020 at 23:59 (EDT);
  2. b) the date on which any condition set out in this exemption is breached; or
  3. c) the date on which this exemption is cancelled in writing by the Minister where she is of the opinion it is no longer in the public interest or is likely to adversely affect aviation safety.

CANCELLATION

The exemptions from section 705.27 of the CARsissued to Canadian air operators conducting operations under Subpart 705 of the CARs and the pilots-in-command at their employ on February 29, 2014 (NCR-059-2013 and NCR-070-2013) and on July 11, 2014 (NCR-037-2014) in Ottawa, Ontario by the Director General Civil Aviation on behalf of the Minister of Transport are hereby cancelled because it is the opinion of the Minister that they are no longer in the public interest or are likely to adversely affect aviation safety.

DATED at Ottawa, Ontario this 2nd day of October, 2015, on behalf of the Minister of Transport.

Original Signed by

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

Appendix A

Admission to Flight Deck

705.27 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector’s duties, as determined by the inspector.

(3) No person shall be admitted to the flight deck of an aeroplane other than

  1. (a) a flight crew member;
  2. (b) a crew member performing their duties;
  3. (c) an inspector referred to in subsection (1);
  4. (d) in accordance with the procedures specified in the company operations manual;
    1. (i) an employee of the air operator who is not a crew member performing their duties, and
    2. (ii) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator, and
  5. (e) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

(4) The air operator shall verify

  1. (a) in the case of a person referred to in paragraph (3)(d) or (e), the identity of the person by means of a personal photo identification issued by the air operator, its wholly owned subsidiary, its code share partner or a foreign government or a restricted area pass as defined in the Canadian Aviation Security Regulations; and
  2. (b) in the case of a person referred to in paragraph (3)(d), the fact that:
    1. (i) the person is currently employed by the air operator, or by a wholly owned subsidiary or code share partner of the air operator, and
    2. (ii) no seat is available for the person in the passenger compartment.

(5) No person referred to in paragraph (3)(d), except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, shall be admitted to the flight deck if a seat is available in the passenger compartment.

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