Authorization pursuant to paragraph 704.01(c) of the Canadian Aviation Regulations

NCR-009-2018

Pursuant to paragraph 704.01(c) of the Canadian Aviation Regulations (CARs) and after taking into account that the authorization is in the public interest and is not likely to adversely affect aviation safety or security, I hereby authorize Canadian air operators to operate Douglas DC3-TP67 aeroplanes under Subpart 4 of Part VII of the CARs, notwithstanding that the maximum certificated take-off weight (MCTOW) of the aeroplanes exceeds the 8 618 kg (19,000 pounds) set out in paragraph 704.01(a) of the CARs, subject to the following conditions.

Relevant provisions are reproduced in Appendix A.

Interpretation

The following definitions set out in subsection 3(1) of the Aeronautics Act apply to this authorization.

“commercial air service” means any use of aircraft for hire or reward. (service aérien commercial)

The following definitions set out in section 101.01 of the CARs apply to this authorization.

“air transport service” means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points. (service de transport aérien)

“crew member” means a person assigned to duty in an aircraft during flight time. (member d’équipage)

“flight crew member” means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time. (membre d’équipage de conduite)

The following definition set out in Division I of Standard 724 - Commuter Operations - Aeroplanes of the Commercial Air Service Standards (CASS) applies to this authorization.

“on demand” means an air transport service where the date, time and place(s) of departure and arrival are negotiated directly between a client and the air operator. (à la demande)

In this authorization,

“scheduled air service” means a publicly available air transport service that provides transportation for passengers between points and serves those points in accordance with a published schedule at a charge per seat. (service aérien régulier)

Purpose

The purpose of this authorization is to allow Canadian air operators to operate Douglas DC3-TP67 aeroplanes under Subpart 4 of Part VII of the CARs notwithstanding that the MCTOW of the aeroplanes exceeds the 8 618 kg (19,000 pounds) set out in paragraph 704.01(a) of the CARs.

Application

This authorization applies to Canadian air operators operating Douglas DC3-TP67 aeroplanes under Subpart 4 of Part VII of the CARs.

Commercial air service shall be limited to “on-demand” charter operations.

This authorization does not apply to a scheduled air service.

This authorization ceases to apply to the Canadian air operator who breaches a condition of the authorization.

Conditions

This authorization is subject to the following conditions:

  1. No person shall operate the aeroplane unless hand-held fire extinguishers meeting the following requirements are carried:
    • a) at least one shall be conveniently located on the flight deck and readily accessible for use by the flight crew members; and
    • b) at least one shall be readily accessible for immediate use in each Class A or Class B cargo compartment that is accessible to crew members in flight.
  2. No person shall conduct a take-off in the aeroplane unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available
    • a) at the entry into each Class A or Class B cargo compartment accessible to crew members during flight; and
    • b) at the site of each hand-held fire extinguisher.
  3. No person shall conduct a take-off with passengers on board unless all the conditions of exemption NCR-010-2018 from paragraph 704.33(1)(e) of the Canadian Aviation Regulations have been met.
  4. A copy of this authorization shall be carried on board the aeroplane.

Validity

This authorization comes into effect on March 1, 2018 at 00:01 EST and remains in effect until the earliest of:

  • a) February 28, 2023 at 23:59 EST; or
  • b) The date on which this authorization 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, on this 28th day of February 2018, on behalf of the Minister of Transport.

“Original signed by”

Nicole Girard
Director General, Aviation Safety Regulatory Framework
Civil Aviation

Appendix A

Relevant provision of the Aeronautics Act

Interpretation

3(1) In this Act,

“commercial air service” means any use of aircraft for hire or reward. (service aérien commercial)

Relevant provisions of the Canadian Aviation Regulations

Interpretation

101.01(1) In these Regulations,

“air transport service” means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points; (service de transport aérien)

“crew member” means a person assigned to duty in an aircraft during flight time; (membre d'équipage)

“flight crew member” means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time; (membre d’équipage de conduite)

Application

704.01 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

  • (a) a multi-engined aeroplane that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of 10 to 19 inclusive;
  • (b) a turbo-jet-powered aeroplane that has a maximum zero fuel weight of 22 680 kg (50,000 pounds) or less and for which a Canadian type certificate has been issued authorizing the transport of not more than 19 passengers;
  • (b.1) a multi-engined helicopter with a seating configuration, excluding pilot seats, of 10 to 19 inclusive, unless it is certified for operation with one pilot and operated under VFR; and
  • (c) any aircraft that is authorized by the Minister to be operated under this Subpart.

Relevant provision of the Commercial Air Service Standards

Standard 724 - Commuter Operations - Aeroplanes

Definitions

The words and expressions used in these Standards have the same meaning as in the General Provisions Part I of the Canadian Aviation Regulations with the following additions:

“on demand” means an air transport service where the date, time and place(s) of departure and arrival are negotiated directly between a client and the air operator. (à la demande)

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