EXEMPTION FROM SUBSECTION 602.128(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that it is in the public interest and that it is not likely to affect aviation safety, I hereby exempt pilots-in-command of IFR aircraft from the requirements set out in subsection 602.128(1) of the Canadian Aviation Regulations, subject to the following conditions set out in this exemption.

Subsection 602.128(1) stipulates that no pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory.

Purpose

Subsection 602.128(1) of the Canadian Aviation Regulations prohibits pilots-in-command of IFR aircraft from conducting instrument approach procedures unless they are conducted in accordance with minima that are contained in the Canada Air Pilot or the route and approach inventory. This prohibits pilots-in-command from conducting specific instrument approaches using minima that have been authorized in operations specifications that form part of an air operator certificate or private operator certificate and that are not also in the Canada Air Pilot or the route and approach inventory.

The purpose of this exemption is to allow any pilot-in-command of an IFR aircraft to conduct a specific instrument approach procedure in accordance with the minima specified in an operations specification that forms part of an air operator certificate or a private operator certificate.

This exemption does not eliminate the requirement for pilots-in-command of IFR aircraft to conduct an instrument approach procedure to the minima contained in the Canada Air Pilot or the route and approach inventory.

Application

This exemption applies to any pilot-in-command of an IFR aircraft who conduct a specific instrument approach procedure in accordance with the minima specified in an operations specification that forms part of an air operator certificate or a private operator certificate.

Conditions

This exemption is subject to the following conditions.

1. The pilot-in-command shall conduct the specific instrument approach procedure in accordance with the minima specified in an operations specification that forms part of the air operator certificate or private operator certificate under which the flight is being conducted.
     
2. When not conducting a specific instrument approach procedure in accordance with the minima specified in an operations specification that forms part of the air operator certificate or private operator certificate under which the flight is being conducted, the pilot-in-command of an IFR aircraft shall continue to meet the requirements of subsection 602.128(1) by conducting an instrument approach procedure to the minima that are contained in the Canada Air Pilot or the route and approach inventory.

Validity

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

1. 23:59 EDT on July 31, 2005;
     
2. the date on which the appropriate amendment to Canadian Aviation Regulations comes into effect;
     
3. the date on which the condition set out in the exemption is breached; or
     
4. the date on which the exemption is cancelled by the Minister, in writing, where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.

DATED at Ottawa, Canada this 9^th day of September, 2003, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

 

Date de modification :

2004-09-1