EXEMPTION FROM PARAGRAPH 725.40(2)(o) OF THE COMMERCIAL AIR SERVICE STANDARDS (CASS) MADE PURSUANT TO SUBSECTION 705.40(3) OF THE CANADIAN AVIATION REGULATIONS (CARs)

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 Air Canada rouge, 7373 Cote-Vertu Boulevard West, St-Laurent, Quebec, H4S 1Z3, from the requirement of paragraph 725.40(2)(o) of the Commercial Air Service Standards (CASS) made pursuant to subsection 705.40(3) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Subsection 705.40(3) of the CARs states that “no air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual”.

Paragraph 725.40(2)(o) of the CASS states that aeroplanes may be fuelled with passengers embarking, disembarking, or on board under the following conditions: for aeroplanes requiring a minimum cabin crew of more than one, at least the minimum number of flight attendants for the aeroplane type or the number of passengers on board, whichever is greater, are on board and positioned at or near each designated evacuation exit during fuelling.  Flight attendants may be replaced by an equivalent number of other staff provided that they have successfully completed the air operator's approved emergency evacuation procedures training for that aeroplane type.

PURPOSE

This exemption authorizes Air Canada rouge to permit one flight attendant to disembark the aeroplane during refuelling with passengers onboard, for the purpose of using the bridge phone for communication with ground, maintenance and fuelling personnel without being replaced by another flight attendant.

APPLICATION

This exemption is applicable only to Air Canada rouge while the aeroplane is being refuelled with passengers onboard and only for the purpose of using the bridge phone for communication with ground, maintenance and fuelling personnel.

CONDITIONS

This exemption is subject to the following conditions:

  1. Air Canada rouge shall ensure the Flight Attendant using the phone on the bridge advises all other Flight Attendants and flight crew, if applicable, that he or she is exiting the aircraft for the purpose of using the bridge phone and advises crew members of his or her return on board the aircraft;
  2. Air Canada rouge shall ensure the Flight Attendant using the phone on the bridge remains at or near the designated evacuation exit during the fuelling process;
  3. Air Canada rouge shall amend its flight attendant manual and training programs to include the content of conditions 1 and 2 as stated above; and
  4. Prior to exercising the privileges of this exemption, Air Canada rouge shall submit its amended flight attendant manual and training programs for approval in accordance with paragraph 705.124(1)(b) and section 705.135 of the CARs.

VALIDITY

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

  1. February 28, 2018 at 23:59 EST;
  2. the date on which any of the conditions set out in this exemption is breached; or
  3. the date on which this exemption is cancelled 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 adversely affect aviation safety.

Dated at Ottawa, Canada on this 12th day of March, 2015, on behalf of the Minister of Transport.

“Original signed by”

Denis Guindon
Director, National Operations
Civil Aviation

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