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 this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt pilots-in-command of IFR aircraft operated pursuant to an air operator certificate or a private operator certificate, from the requirement set out in subsection 602.128(1) of the Canadian Aviation Regulations (CARs) 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, subject to the conditions contained herein.  

Purpose

The purpose of this exemption is to allow any pilot-in-command of an IFR aircraft operated pursuant to an air operator certificate or a private operator certificate to conduct instrument approach procedures using minima specified in the Restricted Canada Air Pilot or in an operations specification that forms part of an air operator certificate or a private operator certificate.

This exemption is required as the route and approach inventory referenced in subsection 602.128(1) of the CARs is being discontinued and replaced by the Restricted Canada Air Pilot. This exemption is also required to reflect the conduct by air operators and private operators of specific instrument approach procedures in accordance with the minima specified in an operations specification that forms part of an air operator certificate or a private operator certificate.

Application

This exemption applies to the pilots-in-command of IFR aircraft operated pursuant to an air operator certificate or a private operator certificate, who conduct instrument approach procedures using minima that are published in the Restricted Canada Air Pilot or specified in an operations specification that forms part of the air operator certificate or private operator certificate.

Interpretation

For the purpose of this exemption:

"Restricted Canada Air Pilot" - means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister of Transport.

Conditions

This exemption is subject to the following conditions:

  1. No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure in accordance with the minima published in the Restricted Canada Air Pilot or in accordance with the minima specified in an operations specification that forms part of an air operator certificate or a private operator certificate, unless the minima published in the Restricted Canada Air Pilot, or the minima specified in the operations specification that forms part of the air operator certificate or private operator certificate are observed.
     
  2. When not conducting an instrument approach procedure in accordance with the minima specified in the Restricted Canada Air Pilot or in an operations specification that forms part of the air operator certificate or the 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) of the CARs by conducting an instrument approach procedure to the minima that are contained in the Canada Air Pilot or the route and approach inventory.

Validity

The exemption is effective starting the 10th day of June, 2004 and remains in effect until the earliest of the following:

  1. 23:59 EDT on 11 May, 2005;
  2. the date on which the appropriate amendment to Canadian Aviation Regulations comes into effect;
  3. the date on which a 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.

Cancellation

The exemption to subsection 602.128(1) of the Canadian Aviation Regulations, issued September 9, 2003 and valid to July 31, 2005, to any pilot-in-command of an IFR aircraft who conducts 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, is cancelled effective June 10, 2004, as its content is incorporated in the subject exemption.

DATED at Ottawa, Canada this 21st day of May 2004, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt
Acting Director General
Civil Aviation

Merlin Preuss
Director General
Civil Aviation

 

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