Exemption from paragraph 705.202(1)(a) and subsections 705.204(3) and (4) of the Canadian Aviation Regulations
NCR-030-2020
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 under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements set out in paragraph 705.202(1)(a) and subsections 705.204(3) and (4) of the CARs, subject to the following conditions.
The above mentioned provisions of the CARs are reproduced in Appendix A.
Purpose
The purpose of this exemption is to allow Canadian air operators, operating under Subpart 5 of Part VII of the CARs, to change the flight attendant ratio that it has selected for the purposes of subsection 705.201(2) of the CARs without notifying the Minister in advance as required by paragraph 705.202(1)(a) of the CARs.
This exemption also permits the Canadian air operator to temporarily change its flight attendant ratio for a model of aeroplane without first having carried out a successful demonstration of its emergency evacuation procedures for that model where such a demonstration would be required by subsections 705.204(3) or (4) of the CARs.
Application
This exemption applies to Canadian air operators operating under Subpart 5 of Part VII of the CARs.
The Canadian air operator that changes the flight attendant ratio it has selected for the purposes of subsection 705.201(2) of the CARs need not carry out a successful demonstration of its emergency evacuation procedures while this exemption is in effect.
This exemption ceases to apply to the Canadian air operator who breaches a condition of the exemption.
Conditions
This exemption is subject to the following conditions:
- An air operator who decides, in respect of a model of aeroplane, to change the flight attendant ratio that it has selected for the purposes of subsection 705.201(2) of the CARs shall provide the Minister with a notice in writing of the decision within 5 days following the implementation of the change.
- A copy of this exemption shall be carried on board the aeroplane.
Validity
This exemption is in effect until the earliest of:
- October 31, 2020 at 23:59 EDT; or
- 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, on this 16th day of April 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Relevant provisions of the Canadian Aviation Regulations
Minimum Number of Flight Attendants
705.201 (1) No air operator shall operate an aeroplane to carry passengers unless the air operator does so with the minimum number of flight attendants required on each deck.
(2) Subject to subsections (4) to (7), the minimum number of flight attendants required on each deck of an aeroplane is determined in accordance with one of the following ratios that is selected by the air operator in respect of the model of that aeroplane:
- (a) one flight attendant for each unit of 40 passengers or for each portion of such a unit; or
- (b) one flight attendant for each unit of 50 passenger seats or for each portion of such a unit.
(3) [...]
Notice
705.202 (1) An air operator who decides, in respect of a model of aeroplane, to change the ratio that it has selected for the purposes of subsection 705.201(2) shall not implement this change unless
- (a) the air operator has provided the Minister with a notice in writing of the decision at least 60 days before implementing the change; and
- (b) the Minister has acknowledged receipt of the notice.
(2) The Minister shall acknowledge receipt of the notice not later than one working day after receiving it.
Demonstration of Emergency Evacuation Procedures
705.204 (1) An air operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers shall carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane before operating an aeroplane of that model to carry passengers.
(2) If an air operator decides to introduce an aeroplane into its fleet and there is a difference in any of the following items between that aeroplane and other aeroplanes of the same model that are already in the fleet, the air operator shall treat the aeroplane as if it were a different model of aeroplane and carry out a successful demonstration of its emergency evacuation procedures for that model before operating the aeroplane to carry passengers:
- (a) the location of the flight attendants or their emergency evacuation duties or procedures;
- (b) the number, location or type of emergency exits; or
- (c) the number, location or type of opening mechanisms for the emergency exits.
(3) An air operator who decides to change any of the following items in respect of an aeroplane shall carry out a successful demonstration of its emergency evacuation procedures for the model of that aeroplane, as changed, before operating the aeroplane to carry passengers:
- (a) the location of the flight attendants or their emergency evacuation duties or procedures;
- (b) the number, location or type of emergency exits; or
- (c) the number, location or type of opening mechanisms for the emergency exits.
(4) If an air operator who has selected the ratio set out in paragraph 705.201(2)(b) in respect of a model of aeroplane decides to reconfigure an aeroplane of that model by adding or removing passenger seats, and if the reconfiguration will result in a change in the minimum number of flight attendants required on each deck, the air operator shall carry out a successful demonstration of its emergency evacuation procedures for the reconfigured model of that aeroplane before operating the reconfigured aeroplane to carry passengers.
(5) Subsections (1) to (4) do not apply in respect of a model of aeroplane that is configured to carry fewer than 44 passengers.