EXEMPTION FROM SUBPART 604 OF THE CANADIAN AVIATION REGULATIONS

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 Bombardier Inc., P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, from the requirements set out in Subpart 604 of the Canadian Aviation Regulations (CARS) on Private Operator Passenger Transportation and specifically from the requirements of Section 604.02. Section 604.02 of the CARS states that no person shall operate an aircraft under Subpart 604 of the CARS unless the person complies with the conditions and specifications in a private operator certificate issued to that person by the Minister pursuant to Section 604.05 of the CARS or in an air operator certificate issued to that person by the Minister pursuant to Part VII.

PURPOSE

The purpose of this exemption is to allow:

Bombardier Inc. (hereinafter "the operator") to conduct limited, non-commercial passenger carrying operations on aircraft that have either an Experimental flight permit, a Specific purpose flight permit authorizing the carriage of passengers, or a Certificate of Airworthiness without holding a private operator certificate.

The operations conducted under this exemption by the operator and all pilots authorized by the operator shall be limited to the following circumstances:

  • Deployment to off-site test locations for experimental or development test flights and carriage of other authorized crew necessary for these operations as defined in Appendix A of this exemption;
  • Ferry flights to position aircraft to destination for sales, demonstration and market survey flights and the carriage of additional crew members, or passengers deemed employees of Bombardier Inc. necessary for these operations;
  • Sales demonstration flights, market survey flights, and the carriage of passengers that are potential customers of production models of that specific aircraft type only;
  • Operational technical evaluation flights, as defined in Appendix A of this exemption, and the carriage of technical evaluation pilot(s) necessary for this operation; and
  • Customer acceptance flights and the carriage of the new owner(s) or their representative(s) only.

APPLICATION

This exemption applies to the Operator and to all pilots authorized by the operator to conduct, ferry flights, sales demonstration flights, market survey flights, technical evaluation flights, operational technical evaluation flights and customer acceptance flights on aircraft manufactured by Bombardier Inc. that have an Experimental flight permit, a Specific purpose flight permit or a Certificate of Airworthiness.

CONDITIONS

This exemption is subject to the following conditions:

1. Aircraft operation

1.1 The aircraft shall be operated in compliance with the Certificate of Airworthiness issued for that aircraft or as applicable, the Experimental flight permit and or the Specific Purpose Flight Permit, which contains appropriate limitations for the carriage of passengers and authorized flight crew;

1.2 All experimental and development flights operated under this exemption shall be conducted in accordance with the Bombardier Test Standards and Procedures No. 3000, Rev C, dated 11/26/2002 (BFTC S&P3000). Bombardier personnel shall concur with any subsequent amendments to this document and forward them to the Director General of Civil Aviation for Transport Canada approval, as indicated on page 1 of the BFTC S&P3000; and

1.3 All flights operated under this exemption when carrying non-commercial passengers shall be conducted in accordance with the latest revision of the approved Bombardier Aerospace Operations Manual (BAOM) and with all other parts of the BAOM that are issued as separate publications such as the flight attendant manual or the PAOBD manual. Bombardier personnel shall concur with any subsequent amendments to these documents and forward them to Director General of Civil Aviation for Transport Canada approval as indicated on page 0-2, (Preamble) of the BAOM. Bombardier Aerospace shall maintain training records for the Bombardier personnel as indicated on page 0-2, (Preamble) of the BAOM and the training records shall be maintained for a period of 3 years.

2. Personnel Requirements: Pilot-In-Command (PIC) and Second-In-Command (SIC)

2.1 With respect to the application section, if a type rating has been established by an operational evaluation, the PIC and SIC will have completed a type-rating check and have their Transport Canada Licence so annotated for the aircraft type. SIC's as a minimum shall hold a Commercial Pilot Licence. FAA ATPL holders will have an FAA Letter of Authority;

2.2  BAOM Pilot Proficiency Checks (PPCs) requirements shall be conducted in accordance with CARS 704 Schedule I or Schedul;

2.3 The validity period of the PPC shall be to the first day of the twenty fifth month following the month in which the proficiency check was completed as authorized in section 3.10.1 of the BAOM;

2.4 The CL64 and CL65 PPC grouping shall be authorized as per Appendix A aeroplane PPC grouping of the BAOM on the condition that the pilot has completed initial and recurrent ground and flight training including written examinations on systems and limitations for each type of aeroplane; and

2.5 Company Check Pilot (CCP) authority shall be granted in accordance with standards, policies, procedures and guidelines stipulated in the latest revision of the Transport Canada Approved Check Pilot (ACP) Manual (TP6533). Bombardier personnel nominated as candidates for CCP authority shall meet the CARS 704 ACP manual requirements.

3. Operational Technical Evaluations Flights

3.1 The designated Pilot-in-Command and Second-in-Command shall be qualified Bombardier pilots;

3.2 When a technical evaluation pilot is in one of the pilot seats, the other seat shall be occupied by the Bombardier PIC. The SIC not at the controls shall occupy the jump seat;

3.3 The technical evaluation pilot shall have one of the following qualifications:

  1. Valid Canadian ATPL or international equivalent,
  2. Valid Canadian Category 1 Medical certificate or International equivalent, or
  3. Currently holds or has held a Test Pilot Rating from one of the following Accredited Test Pilot Training Schools:
    1. United States Air Force Test Pilot School, Edwards Air Force Base, California,
    2. United States Navy Test Pilot School, Naval Air Station Patuxent River, Maryland,
    3. l'École du Personnel Navigant d'Essais et de Réception (EPNER) , Istres, France,
    4. Empire Test Pilot School, Royal Air Force Station Boscombe Down, United Kingdom,
    5. National Test Pilot School, Mojave, California , USA;

3.4 Where an accredited trade journalist is invited to evaluate the flight qualities of the aircraft,
this person shall occupy a flight crew member seat and shall have the following minimum qualifications:

  1. Canadian ATPL or international equivalent and
  2. a Valid Canadian Category 1, or Category 3 Medical Certificate or the International equivalent (this will allow Private Pilot Licence (PPL) - Aeroplane privileges as a minimum) and
  3. a Transport Canada Foreign Licence Validation Certificate (FLVC) approved for evaluating flight qualities of the aircraft;

3.5 The intent of the technical evaluation flight(s) shall be for the sole purpose of demonstrating the qualities of the aircraft to potential buyers, their representatives or an accredited journalist;

3.6 Technical evaluation pilots shall be provided a comprehensive briefing to include:

  1. Mission profile;
  2. Systems operations;
  3. Aircraft operating limitations, Flight permit limitations and Restriction and Special Instructions (RSI) relevant to flight;
  4. Emergency procedures / Abnormal procedures - Immediate action items that may require action on the part of the Evaluation pilot;
  5. Emergency equipment location and operation;
  6. Emergency Egress; and
  7. Additional items as identified in the "safety risk assessment process" (S&P 3000, para. 8.5.5);

3.7 Bombardier Inc. is permitted to transport up to a maximum of 3 persons (technical evaluation pilots) in order to conduct an operational technical evaluation flight;

3.8 All operational technical evaluation flights shall be conducted by day only; and

3.9 No passengers or other authorized crew shall be permitted on Technical Evaluation flights.

 4. Customer Acceptance Flights

4.1 Flight Crew members shall be qualified on type and shall be the holders of valid and subsisting pilot licenses issued or validated by Canada;

4.2 When a Customer acceptance pilot is in one of the pilot seats, the other seat shall be occupied by the Bombardier PIC. The Bombardier SIC not at the controls shall be available to assist should conditions warrant;

4.3 The Customer Acceptance pilot shall have the following minimum qualifications:

  1. A Valid Canadian ATPL or international equivalent, and
  2. A Valid Canadian Category 1 Medical certificate or International equivalent;

4.4 The intent of the customer acceptance flight(s) shall be for the sole purpose of the acceptance of the aircraft by new owners) or their representative(s);

4.5 Customer Acceptance pilots shall be provided a comprehensive briefing to include:

  1. Mission profile;
  2. Systems operations;
  3. Aircraft operating limitations, Flight permit limitations and Restriction and Special Instructions (RSI) relevant to flight;
  4. Emergency procedures / Abnormal procedures - Immediate action items that may require action on the part of the Evaluation pilot;
  5. Emergency equipment location and operation;
  6. Emergency Egress; and
  7. Additional items as identified in the "safety risk assessment process" (S&P 3000, para. 8.5.5);

5. Ferry Flights

5.1 The operator shall ensure that no passengers other than the operator's crew member are carried on board between different points when the aircraft is required to be ferried to a site. Only the operator employees that are essential to the mission and permitted under the Specific Purpose Flight Permit may be carried on board when the aircraft is required to be ferried between sites;

5.2 For sales demonstration and market survey ferry flights, the operator shall ensure that only passengers, deemed employees of Bombardier Inc., that are essential for marketing and sales demonstration activities are carried on board between different points when the aircraft is required to be ferried to a site; and

5.3 These flights shall be equipped with safety/survival equipment as applicable in accordance with CAR 602.61 through 602.63.

6. Non Commercial Passenger Carrying for Sales Demonstration and Market Survey Flights

6.1 When applicable, the operator shall ensure that the passengers are informed by the pilot-in­command, prior to take-off, of the experimental nature of the aircraft subject to this exemption, and that the aeroplane is being operated without a certificate of airworthiness. A placard indicating this condition shall be placed adjacent to, or near the main entrance door;

6.2 The operator shall ensure that the passengers are given a safety briefing in accordance with the BAOM and with its related parts and shall include an additional passenger briefing on the location of the emergency equipment when required as per Paragraph 1 of Appendix C of this exemption; and

6.3 The operator shall make available to each passenger a safety features card that meets the requirements set out in Appendix B of this exemption.

7. Personnel Requirements: Flight Attendants or Persons Assigned Onboard Duties or Mandatory Persons Assigned Onboard Duties

7.1 The operator shall ensure that qualified Bombardier Flight Attendant(s) or Person Assigned
Onboard Duties or Mandatory Person Assigned Onboard Duties are carried on board as per the
definitions provided in the interpretation section of this exemption. The information shall be
incorporated in the BAOM; and

7.2 The PIC, SIC, Flight Attendants, Persons Assigned on Board Duties (PAOBD) and Mandatory PAOBD shall complete all components of the approved BAOM training program before being assigned to flight duty.

8. Operational Requirements

8.1 The operator shall ensure that the pilot-in-command, as designated in the Operational Flight Data Sheet referred to in the BAOM, complies with the conditions for Flight Authorization/Control/Release and for Flight Watch/Following and Communications; and

8.2 The operator shall ensure that prior approval is obtained from the applicable authority, in the circumstance where flight is planned in special use airspace or airspace requiring specific navigational system authorizations such as but not limited to NAT MNPS, RVSM, BRNAV, or RNP 10.

9. Equipment

9.1 The operator shall demonstrate compliance on all its aircraft with the Emergency Equipment Requirements as provided in Appendix C to this exemption and as per the BAOM and all its related parts that are issued as separate publications.

10. General

10.1 The Director of Flight Operations or his/her delegate shall ensure that all personnel comply with all Operational requirements of the Bombardier Inc. Bombardier Aerospace Operations Manual and conditions of the Specific Purpose Flight Permit and Restriction and Special Instructions (RSI) applicable to the aircraft are satisfied;

10.2 A copy of this exemption shall form part of the pilot licensing documents carried by each person subject to this exemption;

10.3 A copy of this exemption shall be carried on board the aircraft;

10.4 When flights are conducted outside of the Canadian Airspace, the operator shall obtain authorization to operate under this exemption from the Civil Aviation Authority of the applicable State; and

10.5 The operator shall comply with all other parts of the CARs and the BAOM and conduct the operation safely.

VALIDITY

This exemption is in effect until the earliest of:

  1. 23:59 (EST) on August 31, 2006;
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which an amendment to appropriate provisions of the Canadian Aviation Regulations comes into effect; or
  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 is likely to affect aviation safety.

The exemption from the application of subpart 604 of the Canadian Aviation Regulations issued to Bombardier Inc. on January 28, 2005 at Dorval, Quebec by the Regional Director Civil Aviation on behalf of the Minister of Transport is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Dorval, Quebec this 2nd day of February, 2005, on behalf of the Minister of Transport

Yves Gosselin
Regional Director
Civil Aviation, Quebec Region


Appendix A

INTERPRETATION

"Crew member" - means a person assigned to duty in an aircraft during flight time. (CAR 101.01)

"Customer acceptance flights" - means flights to allow technical evaluation, verification and confirmation of predicted aircraft-performance as defined in the approved Aircraft Flight Manual for acceptance of the aircraft by the owner(s) or his/her representative(s).

"Flight attendant" - means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft. (CAR 101.01)

"Flight crew member" - means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time. (CAR 101.01)

"Flight time" - means the time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight. (CAR 101.01)

"Mandatory person assigned onboard duties" - means a crew member, other than a flight crew or a flight attendant, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft with less than 19 passenger seats where the flight crew members cannot exercise supervisory control over the passengers during the flight by visual and aural means.

"Non-commercial " - means any use of an aircraft which does not involves any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft (adapted from Aeronautics Act, Chapter A-2 Part 1).

"Operational technical evaluation flights" - Flights conducted to allow the evaluation, verification and confirmation of applicable aircraft performance. As defined in the approved and or accepted Aircraft Flight Manual by a "Technical Evaluation Pilot" in which the technical evaluation pilot occupies either the pilot's or the co-pilot's seat for all or part of the flight and where the technical evaluation pilot is other than:

  • a pilot employed by the operator;
  • a TC experimental test pilot; or
  • an experimental test pilot employed by a foreign civil aviation authority.

The technical evaluation pilot may be,

purchaser of that aircraft type,
a representative of a prospective purchaser,
an accredited trade journalist invited to evaluate the flight qualities of the aircraft.

"Other authorized crew" - means the carriage of other authorized crew as defined herewith onboard a flight test aircraft that is required to support flight test activities at off-site locations. These authorized crew may include Bombardier employees, partners, vendors or other personnel in direct support of flight test activities at off-site locations, no other passengers.
"Passenger" - means a person, other than a crew member, who is carried on board an aircraft. (CAR 101.01)

"Person assigned onboard duties (PAOBD) " - means a crew member, other than a flight crew member or a flight attendant, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft with less than 19 passenger seats.


Appendix B - Safety Features Card

The safety features card shall contain the following information as applicable to the aeroplane and equipment carried:

(a) general safety information including:

(i) smoking is prohibited on board the aeroplane;

(ii) each type of safety belt or safety harness installed for passenger use, including when to use, and how to fasten, tighten and release;

(iii) when and where carry on baggage must be stowed for take-off and landing; and any other related requirements and restrictions pertinent to that particular aeroplane; and

(b) correct positioning of seat backs and chair tables for take-off and landing; (b) emergency procedures and equipment including:

(i) fixed passenger oxygen system showing:

(A) mask location and presentation; the actions to be performed by the seated passenger in order to obtain the mask, activate the flow of oxygen and correctly don and secure the mask; and

(B) priority for persons assisting others with oxygen;

(ii) passenger brace position for impact, as appropriate for each type of seat and restraint system installed for passenger use; including the brace position for an adult holding an infant;

(iv) the location, operations d method of using each emergency exit type on the aeroplane, including identification of those emergency exits known to be rendered unusable in a ditching or because of the aeroplane configuration such as a combi configuration;

(v) the safest direction and most hazard-free escape route for passenger movement away from the aeroplane following evacuation;

(vi) the attitude of the aeroplane while floating;

(vii) location of life preservers and correct procedures for removal from stowage/packaging; donning and use of the life jacket for adult, child and infant users including when to inflate;

(viii) location and use of life rafts;

(ix) location, removal and use of flotation devices; and

(x) the form, function, colour and location of any Floor Proximity Emergency Escape Path lighting system that is installed.

(c) The safety features card shall bear the aeroplane type and shall contain only safety information.

(d) The safety information provided by the card shall:

(i) be accurate for the aeroplane type and configuration in which it is carried and in respect of the equipment carried;

(ii) be presented with clear separation between each instructional procedure. All actions required to complete a multi-action procedure to be presented in correct sequence and the sequence of actions to be clearly identified; and

(iii) be depicted in a clear and distinct manner.


Appendix C - Passenger briefing and Emergency Equipment requirements

(1) When flight attendants or mandatory persons assigned onboard duties (PAOBD) are not carried onboard an aircraft, a briefing on the emergency equipment location shall be provided by the flight crew members to the passengers and shall contain the following information as applicable to that specific aeroplane and equipment carried. The briefing requirement shall be provided in the BAOM  (Bombardier Aerospace Operation Manual) and in any related training program:

(a) location of first aid kit(s);

(b) location of fire extinguisher(s) that would be accessible to the passengers;

(c) location of Emergency Locator Transmitter(s);

(d) location of survival equipment, and if the stowage compartment is locked, the means of access or location of the key; and

(e) Any other pieces of emergency equipment that is carried in the passenger compartment.

Emergency Equipment requirements

The operator shall ensure the following equipment is carried on board the aircraft when required in conformance with the BAOM, FAM (Flight Attendant Manual) and PAOBD Manual and with all their related training programs:

Oxygen

(1) No person shall operate a pressurized aircraft unless it is equipped with sufficient oxygen dispensing units and oxygen supply to provide, in the event of cabin pressurization failure at the most critical point during the flight, sufficient oxygen to continue the flight to an aerodrome suitable for landing while complying with the requirements of the table to this subsection.

Table - Minimum Oxygen Requirements for Pressurized Aircraft Following Emergency Descent (Note 1)

Item

Persons for Whom Oxygen Supply Must Be Available

Period of Flight and Cabin-Pressure-Altitude

1.

All crew members and 10 per cent of passengers and, in any case, no less than one passenger

(a) Entire period of flight exceeding 30 minutes at cabin-pressure-altitudes above 10,000 feet ASL but not exceeding 13,000 feet ASL

(b) Entire period of flight at cabin-pressure-altitudes above 13,000 feet ASL

(c) For aircraft operated in an air transport service under the conditions referred to in paragraph (a) or (b), a period of flight of not less than

(i) 30 minutes (Note 2), and

(ii) for flight crew members, two hours for aircraft the type certificate of which authorizes flight at altitudes exceeding FL 250 (Note 3)

2.

All passengers

(a) Entire period of flight at cabin-pressure-altitudes exceeding 13,000 feet ASL

(b) For aircraft operated in an air transport service under the conditions referred to in paragraph (a), a period of flight of not less than 10 minutes

Note 1: In determining the available supply, the cabin pressure altitude descent profile for the routes concerned must be taken into account.
Note 2: The minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aircraft's maximum operating altitude authorized in the type certificate to 10,000 feet ASL in 10 minutes, followed by 20 minutes at 10,000 feet ASL.
Note 3: The minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aircraft's maximum operating altitude authorized in the type certificate to 10,000 feet ASL in 10 minutes, followed by 110 minutes at 10,000 feet ASL.

Portable Oxygen

(1) No person shall operate a pressurized aircraft above FL 250 unless

(a) there is readily available to each flight attendant or PAOBD on board portable oxygen equipment with a 15-minute supply of oxygen; or

(b) sufficient portable oxygen units with masks, or spare outlets and masks, to ensure an immediate supply of oxygen to each flight attendant  or PAOBD are distributed throughout the cabin.

First Aid Oxygen

(1) No air operator shall operate a pressurized aircraft with passengers on board unless the aircraft is equipped with oxygen dispensing units and an undiluted supply of first aid oxygen sufficient to provide two per cent of the occupants, and in any case at least one person, with oxygen for one hour or the entire duration of the flight at a cabin pressure-altitude above 8,000 feet, after an emergency descent following cabin depressurization, whichever period is longer.

Protective Breathing Equipment

(1) No air operator shall operate a pressurized aircraft with flight attendants or mandatory PAOBD s on board unless, at each station listed in subsection (3), protective breathing equipment with a 15-minute supply of breathing gas at a pressure-altitude of 8,000 feet is provided.

(2) The protective breathing equipment referred to may be used to meet the crew member oxygen requirements

(3) Protective breathing equipment shall be conveniently located and readily available with a portable breathing gas supply for use by the crew members in combating fires, as follows:

(a) with a fixed or portable breathing gas supply for use by each flight crew member on the flight deck; and

(b) with a portable breathing gas supply for use by crew members in combating fires, as follows:

(i) one unit for use in each Class A, B and E cargo compartment that is accessible to crew members in the cabin during flight,

(ii) one unit for each hand-held fire extinguisher located in each isolated galley,

(iii) one unit on the flight deck,

(iv) one unit located within one metre of each hand-held fire extinguisher required in the passenger compartment and in the crew rest compartment,

(v) the number of units of protective breathing equipment used to satisfy the requirements of this paragraph shall not be less than the number of flight attendants or mandatory PAOBD required for the flight.

Hand-held Fire Extinguishers

(1) No person shall conduct a take-off in an aircraft unless hand-held fire extinguishers for use in the passenger compartment and, where applicable, cargo compartment are carried on board.

(2) The type and quantity of extinguishing agent shall be suitable for extinguishing fires that are likely to occur in the passenger compartment or cargo compartment where the extinguisher is intended to be used and, in the case of the extinguishing agent for extinguishers intended to be used in the passenger compartment, shall be designed to minimize the hazard of toxic gas concentrations.

(3) At least one hand-held fire extinguisher shall be conveniently located and readily available for use in each class E or class B cargo compartment that is accessible to crew members during flight, and at least one hand-held fire extinguisher shall be located in each isolated galley and in the crew rest compartment.

(4) At least one hand-held fire extinguisher shall be conveniently located on the flight deck and readily available for immediate use by the flight crew members.

(5) The following number of hand-held fire extinguishers shall be conveniently located and uniformly distributed throughout the passenger compartment:

(a) 19 or fewer passenger seats, one extinguisher;

(b) 20 to 60 passenger seats, two extinguishers;

(c) 61 to 200 passenger seats, three extinguishers; and

(d) 201 or more passenger seats, one extra extinguisher for each additional unit of 100 passenger seats.

(6) At least one hand-held fire extinguisher shall contain Halon 1211 (bromochlorodifluoromethane) or its equivalent.

(7) A stowage compartment or stowage container that contains a hand-held fire extinguisher shall be clearly marked as to its contents.

Crash Axe

(1) No person shall operate on a transport category aircraft unless a crash axe is carried on board.

Megaphones

(1) No person shall operate on a transport category aircraft, with passengers on board, an aeroplane for which a type certificate has been issued authorizing the transport of 60 or more passengers, unless the following number of portable battery-powered megaphones are carried on board the aeroplane and are conveniently located and readily available for use by the flight attendants:

(a) for each passenger deck, at least one megaphone;

(b) 61 to 99 passenger seats, one megaphone; and

(c) 100 or more passenger seats, two megaphones.

Over water equipment

Life preserver and  flotation device

(1) No person shall conduct a take-off or a landing on water in an aircraft or operate an aircraft over water beyond a point where the aircraft could reach shore in the event of an engine failure, unless a life preserver, an individual flotation device or a personal flotation device is carried for each person on board.

(2) No person shall operate a land aeroplane, gyroplane, helicopter or airship at more than 50 nautical miles from shore unless a life preserver is carried for each person on board. Every life preserver, individual flotation device and personal flotation device referred to in this section shall be stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated.

Life rafts

(1) No person shall operate an aeroplane, that is unable to maintain flight with any engine failed, at more than 100 nautical miles, or the distance that can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.

(2) No person shall operate over water a multi-engined aeroplane that is able to maintain flight with any engine failed at more than 200 nautical miles, or the distance that can be covered in 60 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board. A person may operate over water a transport category aircraft that is an aeroplane, at up to 400 nautical miles, or the distance that can be covered in 120 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site without the life rafts referred to in subsection being carried on board.

(3) The life rafts referred to in this section shall be

(a) stowed so that they are easily accessible for use in the event of a ditching;

(b) installed in conspicuously marked locations near an exit; and

(c) equipped with an attached survival kit, sufficient for the survival on water of each person on board the aircraft, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides a means for

(i) providing shelter,

(ii) providing or purifying water, and

(iii) visually signalling distress.

Survival equipment

(1) No person shall operate an aircraft over land unless there is carried on board survival equipment, sufficient for the survival on the ground of each person on board, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides the means for

(a) starting a fire;

(b) providing shelter;

(c) providing or purifying water; and

(d) visually signalling distress.

(2) Subsection (1) does not apply in respect of

(a) an aircraft that is operated within 25 nautical miles of the aerodrome of departure and that has the capability of radiocommunication with a surface-based radio station for the duration of the flight;

(b) a multi-engined aircraft that is operated south of 66o 30' north latitude

(i) in IFR flight within controlled airspace, or

(ii) along designated air routes;

(c) an aircraft that is operated by an air operator, where the aircraft is equipped with equipment specified in the air operator's company operations manual, but not with the equipment required by subsection (1); or

(d) an aircraft that is operated in a geographical area where and at a time of year when the survival of the persons on board is not jeopardized.

(3) Survival Equipment - Flights Over Land

For flights over land the following standard shall be met:

(a) the company operations manual shall show how compliance with subsections (1) and (2) is to be achieved;

(b) a list of survival equipment shall be carried on board with information on how to use it;

(c) a survival manual appropriate for the season and climate.

(4) Survival Equipment - Flights Over Water

Where life rafts are carried in accordance with the requirement, they shall be equipped with an attached survival kit containing at least the following:

(a) a pyrotechnic signalling device;

(b) a radar reflector;

(c) a life raft repair kit;

(d) a bailing bucket and sponge;

(e) a signalling mirror;

(f) a whistle;

(g) a raft knife;

(h) an inflation pump;

(i) dye marker;

(j) a waterproof flashlight;

(k) a two day supply of water, calculated using the overload capacity of the raft, consisting of one pint of water per day for each person or a means of desalting or distilling salt water sufficient to provide an equivalent amount;

(l) a fishing kit;

(m) a book on sea survival; and

(n) a first aid kit containing antiseptic swabs, burn dressing compresses, bandages and anti-motion sickness pills.

ELT

(1) No person shall operate an aircraft unless it is equipped with one or more ELTs in accordance with  the following : an aircraft set out in column I of an item of the table to this subsection shall, for the area of operation set out in column II of the item, be equipped with the quantity and type of ELTs referred to in column III of that item, which ELTs shall be armed, if so specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or equivalent document provided by the manufacturer.

Table - ELT Requirements

Item

Aircraft

Area of Operation

Minimum Equipment

1.

All aircraft except those referred to in subsection (3)

Over land

One ELT of Type AD, AF, AP, A or F

2.

Large multi-engined turbo-jet aeroplanes engaged in an air transport service carrying passengers

Over water at a distance from land that requires the carriage of life rafts pursuant to the life raft  requirement stipulates in this document

Two ELTs of Type W or S or one of each

3.

All aircraft that require an ELT other than those set out in item 2

Over water at a distance from land that requires the carriage of life rafts pursuant to the life raft  requirement stipulates in this document

One ELT of Type W or S

First Aid Kits

(1) No person shall operate an aircraft unless the following number of first aid kits are carried onboard the aircraft:

(a) 0 to 50 passenger seats, one kit;

(b) 51 to 150 passenger seats, two kits;

(c) 151 to 250 passenger seats, three kits; and

(d) 251 or more passenger seats, four kits.

(2)  A first aid kit required by subsection (1) shall contain the supplies and equipment for a Type A Kit ( 0-19 passengers)  or a Type B kit (20 passengers and more) set out in Part X, Schedule II of the Aviation Occupational Health and  Safety Regulations (AOSH). In addition, each kit shall contain one pair of protective non-permeable gloves made of latex or equivalent material.

(3)  First aid kits shall be

(a) distributed throughout the aircraft cabin;

(b) readily available to crew members and passengers;

(c) clearly identified;

(d) on a transport category aircraft,  marked with the date of the last inspection; and

(e) where the aircraft is equipped with only one first aid kit, located as close as practicable to an emergency exit.

(4) A stowage compartment that contains a first aid kit shall be clearly marked as to its contents.

Emergency Medical Kit

(1) No person shall operate an aircraft that has a seating configuration, excluding crew seats, of more than 100 unless an emergency medical kit is carried on board and contains as a minimum, the following:

a) Sphygmomanometer

1

b) Stethoscope

1

c) Syringes (sizes necessary to administer required drugs)

4

d) Needles (sizes necessary to administer required drugs) and safe disposal method

6

e) 50% dextrose injection, 50cc

1

f) Epinephrine 1:1000, single dose ampoule or equivalent

2

g) Diphenhydramine HCl injection, single dose ampoule or equivalent

2

h) Nitroglycerin

10 tablets or equivalent

i) Basic instructions for use of the drugs in the kit.

 

Flight Attendant or Mandatory PAOBD Stations

(1) Each flight attendant or mandatory PAOBD shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirement of subsection (2).

(2) Each flight attendant or mandatory PAOBD station shall be approved by the Minister. 

(3) No air operator shall permit a flight attendant or a mandatory PAOBD seat to be occupied by a person other than a flight attendant or a mandatory PAOBD.

Shoulder Harness Requirements

(1) No person shall operate an aircraft unless all pilot seats and seats for each required flight attendant are equipped with a safety belt that includes dual upper torso straps with a single-point release.

(2) No person shall operate an airplane, other than a small aeroplane manufactured before July 18, 1978, unless each front seat or, if the aeroplane has a flight deck, each seat on the flight deck is equipped with a safety belt that includes a shoulder harness.

(3) Except as provided in subsection (1) no person shall operate a transport category aeroplane unless each flight attendant seat is equipped with a safety belt that includes a shoulder harness.

(4) No person shall operate an aircraft unless each mandatory PAOBD seat is equipped with a safety belt that includes a shoulder harness.

(5) Each aeroplane shall, for each flight attendant or mandatory PAOBD required, be equipped with either a forward or aft facing seat designed to at least the inertial load factors established under the original type certification basis of the aeroplane. The seat shall provide an energy absorbing rest to support the arms, shoulders, head, and spine.

(5) No person shall operate a small aeroplane manufactured after December 12, 1986, the initial type certificate of which provides for not more than nine passenger seats, excluding any pilot seats, unless each forward- or aft-facing seat is equipped with a safety belt that includes a shoulder harness.

Interphone System

(1) No person shall operate an aircraft unless the aircraft is equipped with an interphone system that can be operated independently of the public address system when required except for handsets, headsets, microphones, selector switches and signalling devices.

Public Address System

(1) No person shall operate on a transport category aircraft, with passengers on board unless the aircraft is equipped with a public address system that can be operated independently of the interphone system except for handsets, headsets, microphones, selector switches and signalling devices or as specified in subsection (2) .

(2) It has been determined that where the crew member station is located within the passenger cabin, no public address system access is required for the crew member.

Flashlights

(1) Each flight attendant required and mandatory PAOBD shall have a flashlight readily available for use.

Flashlight Stowage

(1) No person shall operate an aircraft unless it is equipped with flashlight stowage provisions that are accessible from each required flight attendant or mandatory PAOBD seat.

 

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