EXEMPTION FROM PARAGRAPH 703.31(b) of the Canadian Aviation Regulations (CAR) and section 723.31 (Air Taxi - aeroplanes) OF THE COMMERCIAL AIR SERVICE STANDARDS (CASS)

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 affect aviation safety, I hereby exempt Canadian aeroplane operators from Section 723.31 (Air Taxi - aeroplanes) of the CASS, made pursuant to paragraph 703.31(b) of the Canadian Aviation Regulations (CARs). This exemption is subject to the conditions enumerated below.

Section 723.31

of the CASS states that operations specifications for IFR flight where an alternate aerodrome is not designated in the IFR flight plan or in the IFR flight itinerary are not applicable to the operation of aeroplanes.

 

PURPOSE

The purpose of this exemption is to enable Canadian aeroplane operators operating under subpart 703 of the CARs to conduct IFR flights where an alternate aerodrome is not designated in the IFR flight plan or in the IFR flight itinerary.

APPLICATION

This exemption applies to all Canadian aeroplane operators operating under subpart 703 of the CARs.

CONDITIONS

This exemption shall be subject to the following conditions:

  1. The cruise portion of the flight* shall be conducted wholly within uncontrolled Airspace. (* see appendix A)
  2. The weather at the aerodrome of departure shall be, in respect of that aerodrome:
    1. a reported ceiling of 1000 feet above aerodrome elevation and a visibility of 3 miles or greater; or
    2. where no weather observation is taken a ceiling of 1000 feet above aerodrome elevation and a visibility of 3 miles or greater as observed by the pilot.
  3. For at least one (1) hour before and until one (1) hour after the estimated time of arrival at the aerodrome of intended landing, there shall be, in respect of that aerodrome:
    1. no fog or other restrictions to visibility, including precipitation, whether forecast or reported, below 3 miles;
    2. no thunderstorms, whether isolated or otherwise forecast or reported;
    3. the forecast ceiling shall be no lower than 500 feet above a minimum IFR altitude that will permit a VFR approach and landing; and
    4. no freezing precipitation whether forecast or reported.
  4. The pilot-in-command shall ensure, by whatever means possible, that the aerodrome of intended landing has:
    1. an operational and suitable runway for a safe landing for the aeroplane type, taking into consideration the approved operational limitations;
    2. a serviceable communications facility capable of transmitting and receiving on a designated frequency; and
    3. an observer/communicator is scheduled to be on duty from one hour prior to the proposed arrival time through to the actual arrival time of the flight.
  5. For cruise portions greater than two (2) hours, the Operation Control System shall be Type B.
  6. The minimum fuel required for a no alternate IFR flight plan shall meet the requirements of Section 703.20 of the Canadian Aviation Regulations and shall include the following:
    1. taxi fuel;
    2. fuel to destination;
    3. contingency fuel; and
    4. holding reserve fuel.
  7. Pilots shall be thoroughly familiar with all suitable diversionary aerodromes which are available (within the fuel and oil reserve carried) in respect of any flight operated on a "no alternate IFR" basis.

VALIDITY

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

  1. 23:59 EDST on 30 April, 2005
  2. the date on which any of the conditions set out in this exemption is breached;
  3. the date on which the appropriate section of the CASS comes into force;
  4. 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 that it is likely to affect aviation safety.

 

Dated

at Ottawa, Ontario, this 20th day of October 2003, on behalf of the Minister of Transport.

 

 

Original signed by Jennifer Taylor
for

Merlin Preuss
Director General
Civil Aviation


APPENDIX A

*Cruise portion of a flight

– means that phase of flight between reaching initial cruise altitude and the beginning of descent at destination.

 

Date de modification :