NCR-004-2017
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 operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements of subsection 705.204(1) of the CARs, subject to the following conditions.
Subsection 705.204(1) of the CARs requires an air operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers to carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane before operating an aeroplane of that model to carry passengers.
Purpose
The purpose of this exemption is to allow a Canadian air operator to introduce a model of aeroplane into its fleet for the purpose of carrying passengers without having to carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane when a successful demonstration has already been conducted for another model of aeroplane by the Canadian air operator.
In order to exercise the privileges of this exemption, no difference shall exist in the location of the flight attendants and their emergency evacuation duties and procedures, the number, location or type of emergency exits, or the number, location or type of opening mechanisms for the emergency exits between the model of aeroplane for which a successful demonstration has been conducted and the model of aeroplane being introduced.
Application
This exemption applies to a Canadian air operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers without carrying out a successful demonstration of its emergency evacuation procedures for that model of aeroplane.
This exemption ceases to apply to the Canadian air operator who breaches a condition of the exemption.
Conditions
This exemption is subject to the following conditions:
- Prior to exercising the privileges of this exemption, the air operator shall:
- (a) have carried out a successful demonstration of its emergency evacuation procedures for a model of aeroplane in its fleet in accordance with section 705.204 of the CARs;
- (b) conduct a comparative analysis to ensure that there is no difference in any of the following items between the model of aeroplane for which a successful demonstration has been conducted and the model of aeroplane being introduced:
- (i) the location of the flight attendants and their emergency evacuation duties and procedures;
- (ii) the number, location or type of emergency exits; and
- (iii) the number, location or type of opening mechanisms for the emergency exits; and
Note: Non-floor-level emergency exits the opening of which is not set out as an emergency evacuation duty in the air operator’s operations manual need not be included in this analysis.
- (c) ensure that no changes have been made to any of the items listed in subparagraphs 1(b)(i), 1(b)(ii) and 1(b)(iii) above between the time of the successful demonstration and the time of the analysis being conducted.
- Prior to operating an aeroplane of the model being introduced to carry passengers, the air operator shall inform the Minister:
- (a) of its decision to use the results of a successful demonstration of its emergency evacuation procedures on one model of aeroplane to not require a demonstration of its emergency evacuation procedures on a model of aeroplane it has decided to introduce;
- (b) of the model of aeroplane for which a successful demonstration has been conducted and the model of aeroplane it has decided to introduce; and
- (c) that there is no difference in any of the following items between the two models of aeroplane:
- (i) the location of the flight attendants and their emergency evacuation duties and procedures;
- (ii) the number, location or type of emergency exits; and
- (iii) the number, location or type of opening mechanisms for the emergency exits.
- Prior to operating an aeroplane of the model being introduced to carry passengers, the air operator shall, in support of the comparative analysis conducted under condition 1(b), provide a copy to the Minister of any amendments to its flight attendant training program or flight attendant manual pertaining to the introduction of the new model of aeroplane specific to the emergency evacuation procedures.
Validity
This exemption is in effect until the earliest of:
- a) May 20, 2022 at 23:59 EDT; or
- b) 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, Ontario, on this 22nd day of June, 2017, on behalf of the Minister of Transport.
“Original signed by Michel Béland (for)”
Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation
Appendix A
Relevant provisions of the Canadian Aviation Regulations
705.200 Interpretation
- (1) For the purposes of this Division and subject to subsection (2), model means aircraft master series as described in section 3.7 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST).
- (2) If no aircraft master series is assigned to an aeroplane, model in respect of that aeroplane means aircraft model as described in section 3.6 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST).
705.204 Demonstration of Emergency Evacuation Procedures
- (1) An air operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers shall carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane before operating an aeroplane of that model to carry passengers.
- (2) If an air operator decides to introduce an aeroplane into its fleet and there is a difference in any of the following items between that aeroplane and other aeroplanes of the same model that are already in the fleet, the air operator shall treat the aeroplane as if it were a different model of aeroplane and carry out a successful demonstration of its emergency evacuation procedures for that model before operating the aeroplane to carry passengers:
- (a) the location of the flight attendants or their emergency evacuation duties or procedures;
- (b) the number, location or type of emergency exits; or
- (c) the number, location or type of opening mechanisms for the emergency exits.
- (3) An air operator who decides to change any of the following items in respect of an aeroplane shall carry out a successful demonstration of its emergency evacuation procedures for the model of that aeroplane, as changed, before operating the aeroplane to carry passengers:
- (a) the location of the flight attendants or their emergency evacuation duties or procedures;
- (b) the number, location or type of emergency exits; or
- (c) the number, location or type of opening mechanisms for the emergency exits.
- (4) If an air operator who has selected the ratio set out in paragraph 705.201(2)(b) in respect of a model of aeroplane decides to reconfigure an aeroplane of that model by adding or removing passenger seats, and if the reconfiguration will result in a change in the minimum number of flight attendants required on each deck, the air operator shall carry out a successful demonstration of its emergency evacuation procedures for the reconfigured model of that aeroplane before operating the reconfigured aeroplane to carry passengers.
- (5) Subsections (1) to (4) do not apply in respect of a model of aeroplane that is configured to carry fewer than 44 passengers.
705.205 Carrying Out a Demonstration of Emergency Evacuation Procedures
- (1) An air operator who carries out a demonstration of its emergency evacuation procedures for a model of aeroplane shall
- (a) do so in the presence of the Minister;
- (b) do so without passengers;
- (c) do so with flight attendants who have completed the air operator’s training program for that model of aeroplane; and
- (d) begin the demonstration using the air operator’s normal procedures, then transition to its emergency procedures.
- (2) The demonstration is successful if the flight attendants can, within 15 seconds after the transition from the air operator’s normal procedures to its emergency procedures,
- (a) open 50% of the floor-level emergency exits that are required by the certification basis established in respect of the model of aeroplane;
- (b) open 50% of the non-floor-level emergency exits the opening of which is set out as an emergency evacuation duty in the air operator’s operations manual; and
- (c) deploy 50% of the escape slides.
- Date modified: