Exemption from section 702.19 of the Canadian Aviation Regulations and subclause 722.07(2)(b)(i)(A)(II) and paragraph 722.19(a) of the Commercial Air Services Standards

NCR-025-2019

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 or security, I hereby exempt Canadian air operators operating pursuant to Subpart 2 of Part VII of the Canadian Aviation Regulations (CARs) and their flight crew members, from the requirements of section 702.19 of the CARs and subclause 722.07(2)(b)(i)(A)(II) and paragraph 722.19(a) of the Commercial Air Services Standards (CASS) made pursuant to sections 702.07 and 702.19 of the CARs, subject to the conditions stated here below.

Section 702.19 of the CARs and subclause 722.07(2)(b)(i)(A)(II) and paragraph 722.19(a) of the CASS are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow Canadian air operators operating pursuant to Subpart 2 of Part VII of the CARs and their flight crew members, to conduct night VFR operations while using NVIS.

Application

This exemption applies to Canadian air operators operating pursuant to Subpart 2 of Part VII of the CARs and their flight crew members when conducting night VFR operations while using NVIS.

This exemption ceases to apply to the Canadian air operator operating pursuant to Subpart 2 of Part VII of the CARs and their flight crew members who breaches a condition of the exemption.

Conditions

This exemption is subject to the following conditions:

1. All NVIS operations shall be conducted in accordance with the Advisory Circular AC603-001, Issue 4, Special Authorization for Night Vision Imaging Systems Operations and the conditions therein.

2. A copy of this exemption shall be carried on board.

Validity

This exemption is in effect from April 15, 2020 until the earliest of the following:

  • a) December 15, 2024 at 23:59 (EST);
  • b) 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 adversely affect aviation safety or security.

DATED at Ottawa, Ontario, this 31th day of March 2020 on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson,
Director General
Civil Aviation
Transport Canada

Appendix A

Canadian Aviation Regulations

Entering or Leaving a Helicopter in Flight

702.19 For the purposes of paragraph 602.25(2)(b), the pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight

  • (a) where
    • (i) the helicopter is operated at a low hover,
    • (ii) the person is able to enter directly from or alight directly onto the supporting surface,
    • (iii) the air operator is authorized to do so in its air operator certificate, and
    • (iv) the air operator complies with the Commercial Air Service Standards; or
  • (b) where
    • (i) the helicopter is operated to enable hoisting or rappelling, and
    • (ii) the air operator complies with section 702.21.

Commercial Air Services Standards

722.07 Issuance or Amendment of an Air Operator Certificate

[...]

(2) Qualifications and Responsibilities of Operations Personnel

[...]

  • (b) Chief Pilot
    • (i) Qualifications
      • (A) If the Air Operator Certificate authorizes:
        • (I) VFR day only - hold a valid Airline Transport Pilot Licence or Commercial Pilot Licence for the category of aircraft operated;
        • (II) VFR at Night - hold a valid Airline Transport Pilot Licence or Commercial Pilot Licence valid for night and a valid Instrument Rating for the category of aircraft operated. Where the Air Operator Certificate authorizes VFR at night only without an instrument rating, the chief pilot need not be instrument rated;

[...]

722.19 Entering or Leaving a Helicopter in Flight

Authorization to permit a person to enter or leave a helicopter in flight other than by external load attaching means is subject to the following standards:

  • (a) operations are conducted under day VFR conditions while the helicopter maintains a stabilized hover;
  • (b) the longitudinal and lateral centre of gravity shall be calculated for embarking and disembarking operations and shall not exceed the limitations of the applicable flight manual. The operating weight shall be calculated and shall not exceed the applicable weight/attitude/temperature (WAT) hover performance charts for the helicopter type and configuration at the operating altitude;
  • (c) persons to be embarked or disembarked have been instructed on related hazards and techniques;
  • (d) crew members shall be trained in accordance with section 722.76 of the Commercial Air Services Standards;
  • (e) any equipment or cargo to be loaded or unloaded shall be secured to prevent shifting in flight except during loading and unloading. Cargo or equipment shall not be loaded or unloaded from a baggage compartment remote from the main cabin unless the applicable centre of gravity calculation is completed and cargo handlers have been instructed on procedures; and
  • (f) the air operator’s Company Operations Manual content includes embarking and disembarking operational procedures, briefing procedures and crew member training requirements.
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