Exemption from Paragraph 705.201(4)(B) of the Canadian Aviation Regulations

NCR 061-2015

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 the DHC-7 aeroplane, from the requirements of paragraph 705.201(4)(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 705.201(4)(b) of the CARs is reproduced in Appendix A.

PURPOSE

The purpose of this exemption is to allow Canadian air operators to operate the DHC-7 aeroplane configured with 50 or fewer passenger seats with only one flight attendant.

APPLICATION

This exemption applies to a Canadian air operator when operating a DHC-7 aeroplane pursuant to subpart 705 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. Each seat, berth, safety belt and harness shall meet the requirements of section 25.785 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date.
  2. Each stowage compartment shall meet the requirements of section 25.787 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date.
  3. The retention of items of mass in passenger and crew compartments and galleys shall meet the requirements of section 25.789 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on December 1, 1978 or after that date.
  4. The floor surfaces shall meet the requirements of section 25.793 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date.
  5. The width of the passenger aisle shall meet the requirements of section 25.815 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on February 1, 1977 or after that date.
  6. The compartments occupied by passengers and crew member shall meet the requirements of section 25.853 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date.
  7. The accessibility and stowage provision of required safety and emergency equipment shall meet the requirements of section 25.1411 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on December 1, 1978 or after that date.
  8. Each safety belt shall meet the requirements of section 25.1413 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date.
  9. The marking requirements of safety equipment shall meet the requirements of section 25.1561 of part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on December 1, 1978 or after that date.
  10. No person shall operate an aeroplane configured with more than 40 passenger seats with cargo carried on the main deck between the flight deck and the passenger cabin; and
  11. A copy of this exemption shall be carried on board the aeroplane at all times.

CANCELLATION

All exemptions from section 705.104 of the Canadian Aviation Regulations which were previously issued, including the exemptions issued to Air Tindi, Trans Capital Air, and Voyageur Airways Limited by a Regional Director, Civil Aviation, on behalf of the Minister of Transport, are hereby cancelled because it is the opinion of the Minister that they are no longer in the public interest or are likely to adversely affect aviation safety.

VALIDITY

This exemption is in effect from August 1, 2015 at 00:01 (EDT) and is in effect until the earliest of:

  1. a) July 15, 2020 at 23:59 (EDT);
  2. b) the date on which any condition set out in this exemption is breached; or
  3. c) 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 it is likely to adversely affect aviation safety.

DATED at Ottawa, Ontario this 31st day of May, 2016 on behalf of the Minister of Transport.

“Original signed by”

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

APPENDIX A

705.201 Minimum Number of Flight Attendants

  1. (1) No air operator shall operate an aeroplane to carry passengers unless the air operator does so with the minimum number of flight attendants required on each deck.
  2. (2) Subject to subsections (4) to (7), the minimum number of flight attendants required on each deck of an aeroplane is determined in accordance with one of the following ratios that is selected by the air operator in respect of the model of that aeroplane:
    1. (a) one flight attendant for each unit of 40 passengers or for each portion of such a unit; or
    2. (b) one flight attendant for each unit of 50 passenger seats or for each portion of such a unit.
  3. (3) Persons referred to in paragraphs 705.27(3)(c) to (e) who are admitted to the flight deck are not counted as passengers for the purposes of paragraph (2)(a).
  4. (4) An air operator who has selected, in respect of a model of aeroplane, the ratio set out in paragraph (2)(b) shall not operate an aeroplane of that model with only one flight attendant unless
    1. (a) the aeroplane has a single deck and is configured for 50 or fewer passenger seats;
    2. (b) the aeroplane was certified under
      1. (i) part 25, title 14, of the Code of Federal Regulations of the United States, in the version in effect on March 6, 1980 or after that date,
      2. (ii) the European Joint Aviation Requirements — Large Aeroplanes (JAR-25), published by the Joint Aviation Authorities, in the version in effect on November 30, 1981 or after that date,
      3. (iii) the Certification Specifications, Including Airworthiness Code and Acceptable Means of Compliance, for Large Aeroplanes (CS-25), published by the European Aviation Safety Agency, in the version in effect on October 17, 2003 or after that date, or
      4. (iv) Chapter 525 – Transport Category Aeroplanes of the Airworthiness Manual, in the version in effect on July 1, 1986 or after that date;
    3. (c) only one flight attendant was used for the emergency evacuation demonstration required for the certification of that model of aeroplane;
    4. (d) the air operator's flight attendant manual indicates how normal and emergency procedures differ depending on whether the aeroplane is operated with one flight attendant or with more than one flight attendant;
    5. (e) the flight attendant occupies a flight attendant station that is located near a floor-level exit; and
    6. (f) the public address system and the crew member interphone system are operative and are capable of being used at the flight attendant station.
  5. (5) If an air operator has selected, in respect of a model of aeroplane, the ratio set out in paragraph (2)(a), but has carried out a successful demonstration of its emergency evacuation procedures for that model using more flight attendants than would have been required in accordance with that ratio, the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the air operator is the number of flight attendants used in the demonstration.
  6. (6) If an air operator has selected, in respect of a model of aeroplane, the ratio set out in paragraph (2)(b), but has carried out a successful demonstration of its emergency evacuation procedures for that model using more flight attendants than would have been required in accordance with that ratio, the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the air operator is the number of flight attendants used in the demonstration.
  7. (7) If the emergency evacuation demonstration required for the certification of a model of aeroplane was carried out using more flight attendants than would have been required in accordance with the ratio set out in paragraph (2)(b) and, after the demonstration, an aeroplane of that model is reconfigured for fewer passenger seats, the minimum number of flight attendants required on each deck of the reconfigured aeroplane is the number of flight attendants required in accordance with the ratio set out in paragraph (2)(b) plus an additional number of flight attendants that is equal to the difference between
    1. (a) the number of flight attendants used in the demonstration, and
    2. (b) the number of flight attendants that would have been required in accordance with the ratio set out in paragraph (2)(b) at the time of the demonstration.
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