Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt WestJet – 22 Aerial Place Northeast, Calgary, AB T2E 3J1 from the requirements of subclauses 725.40(3)(a)(iii)(B)(I), 725.40(3)(a)(iii)(B)(III) and clause 725.40(3)(a)(iii)(C) of the Commercial Air Service Standards (CASS) made pursuant to subsection 705.40(4) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Subsection 602.08(1) of the Canadian Aviation Regulations (CARs) states that no operator of an aircraft shall permit the use of a portable device onboard of an aircraft where the device may impair the functioning of the aircraft’s systems or equipment.
Subsection 602.08(2) of the CARs states that no person shall use a PED on board an aircraft except with the permission of the operator of the aircraft.
Subsection 705.40(4) of the CARs requires that 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 meet the Commercial Air Service Standards and are specified in the air operator’s company operations manual.
Subclause 725.40(3)(a)(iii)(B)(I) of the CASS states that portable two-way radio communication devices use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit.
Subclause 725.40(3)(a)(iii)(B)(III) of the CASS states that 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.
Clause 725.40(3)(a)(iii)(C) of the CASS states that other portable electronic devices may be used, except during take-off, climb, approach and landing.
The full text of the above mentioned regulations and standards appears in Appendix A of this exemption.
PURPOSE
The purpose of this exemption is to permit WestJet to enable the use of Wi-Fi onboard connectivity on the Boeing 737-600, 700 & 800 series aeroplanes equipped with a broadband services system produced by KFL Panasonic during all phases of flight.
The WestJet Connect Wi-Fi Internet service will enable passengers to use transmitting portable electronic devices (PEDs) to access the internet, check emails and use instant messaging by means of transmitting and receiving signals.
APPLICATION
This exemption applies only to WestJet Boeing 737-600, 700 & 800 series aeroplanes equipped with a broadband services system produced by KFL Panasonic for use of transmitting PEDs by passengers during all phases of flight.
CONDITIONS
This exemption is subject to the following conditions:
- WestJet shall, prior to using this exemption, for each type, series and model of aeroplane used by WestJet on which it intends to permit the use of transmitting PEDs during all phases of flight, including critical phases of a flight, take the necessary action to ensure that the operation of the transmitting PED does not impair the functioning of the aeroplane’s systems or equipment during those phases of flightby conducting testing to determine that the aeroplane is not susceptible to the level of electromagnetic interference (EMI), or any other form of signal, that could be emitted from the kind of transmitting PED WestJet intends to permit during those phases of flight.
- WestJet shall maintain records that document the following:
- how it was determined that a transmitting PED does not impair the functioning of the aeroplane’s systems or equipment;
- what standards and criteria were utilized in making this determination; and
- how satisfactory performance was demonstrated.
- WestJet shall provide to the Minister upon request the records required by condition 2.
- WestJet shall, prior to use of this exemption, document permitted and prohibited transmitting PED use and the respective phases of flight in which the transmitting PED is permitted or prohibited.
- WestJet shall, prior to use of this exemption, document the transmitting PEDs that do not impair the functioning of the aeroplane’s systems or equipment during all phases of flight for each type, series and model of aeroplane used by WestJet and on which it intends to permit the use of transmitting PEDs during all phases of flight.
- WestJet shall, prior to use of this exemption, provide each crew member with the necessary training to address the use of transmitting PEDs during all phases of flight.
- WestJet shall, prior to use of this exemption, amend the applicable parts of the WestJet company operations manual, flight attendant manual, and crew member training programs to reflect the changes in normal, abnormal, emergency and safety procedures associated with the use of transmitting PEDs during all phases of flight.
- WestJet shall not allow the use of a non-transmitting PED on board a specific type, series, and model of aeroplane unless the results of the testing completed as set out in condition 1 show that the non-transmitting PED that WestJet intends to permit does not impair the functioning of the aeroplane’s systems or equipment for that particular type, series, and model of aeroplane during all phases of flight in which the transmitting PED is permitted.
- WestJet shall not allow the use of a transmitting PED (in aeroplane mode with only the Wi-Fi capability turned on) on board a specific type, series, and model of aeroplane unless the results of the testing completed as set out in condition 1 show that the transmitting PED that WestJet intends to permit does not impair the functioning of the aeroplane’s systems or equipment for that particular type, series, and model of aeroplane during the respective phases of flight in which the transmitting PED is permitted.
- WestJet shall not allow the use of a transmitting PED (i.e. cellular enabled devices) on board a specific type, series, and model of aeroplane during the taxi-in phase of flight unless the results of the testing completed as set out in condition 1 show that the transmitting PED that WestJet intends to permit does not impair the functioning of the aeroplane’s systems or equipment for that particular type, series, and model of aeroplane during the taxi-in phase of flight.
- WestJet shall only allow the use of a transmitting PED (cellular enabled devices) on board during the taxi-in phase of flight.
- WestJet shall implement procedures to advise passengers of:
- when the use of transmitting PEDs is permitted; and
- the type of transmitting PED that is acceptable for use.
- WestJet shall ensure that the use of a transmitting PED complies with the limitations specified in section 602.86 and section 705.42 of the CARs pertaining to the stowage of carry-on baggage, equipment and cargo.
- WestJet shall not permit a crew member to use, and a crew member shall not use, a PED during critical phases of a flight, unless that PED is an electronic flight bag used for business purposes.
- WestJet shall in each case make determination of whether a particular device may impair the functioning of the aeroplane’s systems or equipment, and where such determination is made, shall not permit the operation of that device.
- WestJet shall ensure that a copy of this exemption is carried on board the aeroplane at all times.
VALIDITY
This exemption is valid until the earliest of:
- May 31, 2018, at 23:59 EDT;
- the date on which any condition set out in this exemption is breached; or
- the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada on this 13th day of May, 2015, on behalf of the Minister of Transport.
“Original Signed by Aaron McCrorie (for)”
Martin J. Eley
Director General
Civil Aviation
Appendix A
Relevant provision of the CARs
602.08 Portable Electronic Devices
(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.
602.86 Carry-on Baggage, Equipment and Cargo
(1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are
(a) stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or
(b) restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.
(2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless
(a) the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;
(b) all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;
(c) where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,
(i) no passenger’s view of any "seat belt" sign, "no smoking" sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,
(ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and
(iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and
(d) all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.
705.40 Passenger and Cabin Safety Procedures
(…)
(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.
705.42 Carry-on Baggage
(1) Every air operator shall establish a carry-on baggage control program that is approved by the Minister in accordance with the Commercial Air Service Standards.
(2) No air operator shall permit a person to carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program and can be
(a) stowed in a compartment or overhead rack that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual for the stowage of carry-on baggage;
(b) stowed under a passenger seat; or
(c) restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(3) No person shall carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program.
(4) All carry-on baggage that is stowed under a passenger seat shall be restrained in a manner that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(5) All carry-on baggage shall be stowed so that it does not obstruct access to safety equipment, exits or the aisles of the aircraft.
(6) No air operator shall allow the passenger entry doors of an aircraft to be closed for departure until a crew member has verified that all carry-on baggage is stowed in a location that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual or is restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(7) All carry-on baggage shall be safely stowed prior to movement of the aircraft on the surface and during take-off, periods of in-flight turbulence and landing.
(8) No carry-on baggage that may cause injury to passengers in the event of turbulence or an emergency shall be stowed in an overhead rack unless the rack is equipped with restraining devices or doors that have been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
Commercial Air Service Standards
725.40 Passenger and Cabin Safety Procedures
(…)
(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;
(C) other portable electronic devices may be used, except during take-off, climb, approach and landing; ….