Exemption from clauses 723.38(3)(c)(ii)(A), 723.38(3)(c)(ii)(C), 724.33(3)(c)(ii)(A) and 724.33(3)(c)(ii)(C) and subclauses 725.40(3)(a)(iii)(B)(I) and 725.40(3)(a)(iii)(B)(III) of the Commercial Air Service Standards made pursuant to subsections 703.3...

NCR-021-2019

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 air operators operating under Subparts 3, 4 or 5 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements of clauses 723.38(3)(c)(ii)(A), 723.38(3)(c)(ii)(C), 724.33(3)(c)(ii)(A) and 724.33(3)(c)(ii)(C) and subclauses 725.40(3)(a)(iii)(B)(I) and 725.40(3)(a)(iii)(B)(III) of the Commercial Air Service Standards (CASS) made pursuant to subsections 703.38(3), 704.33(5), and 705.40(4) of the CARs respectively, subject to the following conditions.

Related provisions of the CARs and CASS are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow Canadian air operators operating under Subparts 3, 4 or 5 of Part VII of the CARs to permit the use of portable two-way radio communication devices, such as cellular phones, on board aircraft where a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off and while an engine used for the propulsion of the aircraft is running.

Application

This exemption applies to Canadian air operators operating under Subparts 3, 4, or 5 of Part VII of the CARs where a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off and while an engine used for the propulsion of the aircraft is running.

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:

  1. The air operator shall only permit the use of portable two-way radio communication devices, such as cellular phones, on board the aircraft during a tarmac delay prior to take-off.
  2. If interference from a portable two-way radio communication device, such as a cellular phone, is suspected, the air operator shall prohibit the use of the device and shall submit to the Minister reports of incidents of portable electronic device interference.

Validity

This exemption is in effect from July 15, 2019 until the earliest of the following:

  • a) July 15, 2024 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 is likely to adversely affect aviation safety or security.

Dated at Ottawa, Ontario, on this 12th day of July 2019, on behalf of the Minister of Transport.

“Original signed by Robert Sincennes (for)”

Nicholas Robinson
Director General, Civil Aviation

Appendix A

Relevant provisions of the Canadian Aviation Regulations

Portable Electronic Devices

  • 602.08 (1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft's systems or equipment.
  • (2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.

Passenger and Cabin Safety Procedures

  • 703.38 […]
  • (3) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
    • (a) meet the Commercial Air Service Standards; and
    • (b) are specified in the air operator's company operations manual.

Apron and Cabin Safety Procedures

  • 704.33 […]
  • (5) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
    • (a) meet the Commercial Air Service Standards; and
    • (b) are specified in the air operator's company operations manual.

Passenger and Cabin Safety Procedures

  • 705.40 […]
  • (4) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
    • (a) meet the Commercial Air Service Standards; and
    • (b) are specified in the air operator's company operations manual.

Relevant provision of the Commercial Air Service Standards

Passenger and Cabin Safety Procedures (Aeroplanes)

  • 723.38 […]
  • (3) Use of Portable Electronic Devices

    The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: […]

    • (c) Permitted Devices With Restrictions […]
      • (ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
        • (A) use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit, […]
        • (C) the company operations manual contains procedures to ensure these devices are turned off and properly stowed during the delivery of the pre-flight safety briefing and demonstration and while the aircraft engines are running; […]

Passenger and Cabin Safety Procedures (Helicopters)

  • 723.38 […]
  • (3) Use of Portable Electronic Devices

    The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: […]

    • (c) Permitted Devices With Restrictions […]
      • (ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
        • (A) use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit, […]
        • (C) the company operations manual contains procedures to ensure these devices are turned off and properly stowed during the delivery of the pre-flight safety briefing and demonstration and while the helicopter engines are running; […]

Passenger and Cabin Safety Procedures (Aeroplanes)

  • 724.33 […]
  • (3) Use of Portable Electronic Devices

    The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: […]

    • (c) Permitted Devices With Restrictions […]
      • (ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
        • (A) use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit, […]
        • (C) the Company Operations Manual contains procedures to ensure these devices are turned off and properly stowed during the delivery of the pre-flight safety briefing and demonstration and while the aircraft engines are running; […]

Apron and Cabin Safety Procedures (Helicopters)

  • 724.33 […]
  • (3) Use of Portable Electronic Devices

    The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: […]

    • (c) Permitted devices with restrictions: […]
      • (ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
        • (A) use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit, […]
        • (C) the Company Operations Manual contains procedures to ensure these devices are turned off and properly stowed during the delivery of the pre-flight safety briefing and demonstration and while the helicopter engines are running; […]

Passenger and Cabin Safety Procedures

  • 725.40 […]
  • (3) Use of Portable Electronic Devices (refers to paragraph 705.40(4)(b) of the Canadian Aviation Regulations)
    • (a) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable: […]
      • (iii) Permitted devices with restrictions: […]
        • (B) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
          • (I) use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit, […]
          • (III) the company operations manual contains procedures to ensure these devices are turned off and properly stowed during the delivery of the pre-flight safety briefing and demonstration and while the aircraft engines are running; […]

Relevant provisions of the Air Passenger Protection Regulations

Tarmac delay obligations

  • 8(1) If a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must provide passengers with the following, free of charge:
    • (a) if the aircraft is equipped with lavatories, access to those lavatories in working order;
    • (b) proper ventilation and cooling or heating of the aircraft;
    • (c) if it is feasible to communicate with people outside of the aircraft, the means to do so; and
    • (d) food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport.
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