EXEMPTION FROM PARAGRAPH 700.02(2)(a) 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 adversely affect aviation safety, I hereby exempt persons operating a warbird or historical aircraft from the requirements set out in paragraph 700.02(2)(a) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Paragraph 700.02(2)(a) of the CARs states that subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving the carriage on board of persons other than flight crew members.

The complete text of the above provision is added as Appendix A to this exemption.

INTERPRETATION

In this exemption,

A “warbird” is an aircraft of a type formerly operated in military service.

An “historical aircraft is one of a type of historical importance or related to important events.

Many of these aircraft, but not necessarily all, have as the required flight authority a Special Certificate of Airworthiness – Limited.

DEFINITIONS

  1. Anthropometric Measurement: a set of noninvasive, quantitative techniques for determining an individual's specific dimensions of the body, such as height and weight; including length of arms, legs and torso.
  2. ALSE: Aviation Life Support Equipment such as flight helmets, oxygen masks, survival or floatation vest, parachute and seat harness.
  3. AGSM: Anti-G straining manoeuvre.

PURPOSE

This exemption allows a person which does not hold an AOC issued under subpart 702 of the CARs but has the qualifications mentioned herein, to conduct aerial work involving the carriage for hire or reward of persons other than flight crew members while operating an aircraft or an aircraft with a Special Certificate of Airworthiness-Limited and meeting the description of warbird or historical aircraft.

APPLICATION

This exemption applies to a person when operating an aircraft including an aircraft with a Special Certificate of Airworthiness –Limited  and meeting the description of warbird or historical aircraft to conduct aerial work involving the carriage for hire and reward of persons other than flight crew members without holding an AOC.

CONDITIONS

This exemption is subject to the following conditions:

General:

  1. Privately owned or museum owned aircraft operated under a Special Certificate of Airworthiness-Limited meeting the description of warbird or historical aircraft and their pilots henceforth referred to as “the operator” shall not engage in the transportation of passengers on a unit toll basis (fare per person), or on point-to-point flights.
  2. This exemption does not apply when the Operating Conditions associated with the Special Certificate of Airworthiness – Limited includes any provision which precludes the carriage of passengers or commercial use.
  3. The “carriage of persons” is restricted to flights which take-off and land at the same aerodrome.
  4. The operator shall ensure that passengers complete a medical questionnaire and only those meeting the recommended health requirements are to be allowed on board.
  5. The operator shall restrict passengers to those 12 years of age and older, who are capable of understanding the aircraft safety features and the emergency procedures to be conveyed to them during the pre-flight briefing.
  6. The operator shall ensure that an aircraft safety features and emergency procedures briefing is conducted before each flight, during pre-flight and shall include as is applicable to the aircraft flown at least the following:
    1. Aviation Life Support Equipment (ALSE) – flying suit, helmet and parachute fitted.
    2. Proper footwear such as full coverage shoes, no high heels, leather boots and gloves.
    3. Flight physiology: effects of G (gravity) and teach the AGSM (anti-G straining manoeuvres).
    4. Airport procedures for boarding and departing aircraft on airport manoeuvring areas.
    5. Aircraft entrances and exits.
    6. Seating locations and brace positions.
    7. Seat restraint mechanisms.
    8. Passenger signs and or signals in case of emergency.
    9. Procedure to follow after an emergency landing.
  7. Passengers shall be briefed by one of the crew members flying with them or a designated and qualified person to conduct such briefings.
  8. As necessary, the operator shall conduct cockpit training to include aircraft steps, crew or cockpit door procedures, canopy procedures and complete seat harness system. This shall include procedures to abandon the aircraft and calls.
  9. As necessary, the operator shall ensure that  the training includes instructions on the safe carriage and use of mobile phone or camera in cockpit; calls or signals in case of emergency and briefing on routing, altitude, types of manoeuvres to be flown and how long the trip will be from start up to shut down.
  10. As necessary, the operator shall conduct flight control and avionic familiarization/ You Have Control- I Have Control procedures/ safe place to rest their hands during flight.
  11. Passengers shall be accompanied by company personnel while on the movement area.
  12. A designated flight crew member shall accompany passengers during the flight in each seating compartment for 2 or more passengers or have positive visual and or electronic communications with the passengers.
  13. The operator shall ensure that at no time the crew to passenger ratio is not less than one flight crew per 4 passengers.
  14. Passengers shall be seated in accepted seats, authorized by the Minister for the purpose of carrying passengers with seatbelts for all takeoffs and landings.
  15. For turbojet aircraft, passengers shall demonstrate successful egress from the aircraft on their own within 20 seconds. This is to be recorded in the operator’s pre-flight forms.
  16. For turbojet aircraft, passengers shall fit the seat limitations for weight and anthropometric measurements including proper fit of associated ALSE equipment.
  17. For turbojet aircraft, passengers shall be weighted and information recorded in the operator’s pre-flight forms for each trip.
  18. Passengers 18 and over shall sign the company waiver to confirm they understand the associated risks and training they have received. For passengers 12 to 17 years of age an accompanying adult shall sign the waiver.
  19. The operator shall maintain a list of pilots who qualify in accordance with the conditions of this exemption. The list shall consist of at least the following information:
    1. Pilot name
    2. Pilot licence number and validity dates
    3. Pilot medical validity dates
    4. Summary of hours showing evidence  of meeting the required experience minimums
    5. F.A.S.T. card qualification of organization equivalent (formation pilots only)
    6. Validation / rationale for any lower experience minimums
  20. The operator shall maintain a list of registrations for all aircraft used for carriage of persons.
  21. The operator shall at all times comply with all relevant provisions of the Canadian Aviation Regulations not specifically exempted in this legal instrument.
  22. The operator shall as applicable comply with their own Company Operations Manual, Standard Operating Procedures and Aircraft Flight Manual or accepted procedures for the type. This includes pilot qualifications, training, currency requirements and passenger flight procedures.
  23. Prior to each flight, the operator shall notify the passengers that these aircraft are operated in accordance with a Ministerial exemption from the regulations established for Commercial Air Operators. Passengers are to be made fully aware of the risk and that the activity could result in serious injury or death. Should a potential passenger choose not to accept the risk, a full refund should be available without withholding or conditions.
  24. The operator shall carry a copy of this exemption on board and shall offer passengers an opportunity to review the exemption prior to each flight.
  25. The operator shall display a placard affixed next to the passenger entrance of the aircraft which states:

    WARNING:
    SPECIAL CERTIFICATE OF AIRWORTHINESS - THIS AIRCRAFT DOES NOT COMPLY WITH INTERNATIONALLY RECOGNIZED AIRWORTHINESS STANDARDS

    AVIS:
    CERTIFICAT SPÉCIAL DE NAVIGABILITÉ - CET AÉRONEF N'EST PAS CONFORME AUX NORMES DE NAVIGABILITÉ INTERNATIONALES RECONNUES

  26. The operator shall display a placard marking each exit with clear instructions for unlocking and opening the exit.
  27. Pilot Qualifications:

    For Aircraft with Certificates of Airworthiness:

    The pilot shall hold at least a commercial pilot licence, valid medical certificate and shall meet the following requirements:

    1. Pilots-in-Command (PIC) shall meet the following requirements:
      1. Hold at least a commercial pilot licence and valid medical certificate;
      2. Have at least a total of 500 hours, including 200 hours in the category and class, and 25 hours in the specific aircraft category;
      3. Pilots of tail wheel aeroplanes shall have at least 50 hours in tail wheel aircraft.
      4. 25 hours formation flying experience for formation flights.

    Pilot Qualifications for Aircraft with a Special Certificate of Airworthiness - Limited:

    1. Pilots-in-Command (PIC) shall meet the following requirements:
      1. Hold at least a commercial pilot licence and valid medical certificate;
      2. 2,500 hours TT, including  1,000 hours Multi-engine/Single-engine as appropriate, and 25 hours in the specific aircraft category; or
      3. 1,000 hours TT, including 200 hours Multi-engine or Single­engine as appropriate, and 100 hours with 50 takeoffs and landings in the specific aircraft;
      4. 25 hours formation flying experience for formation flights.
    2. Second-in-Command (SIC) shall meet the following requirements:
      1. Hold at least a commercial pilot licence and valid medical certificate;
      2. 1,500 hours TT, including 250 hours Multi-engine; or
      3. 500 hours TT, including 100 hours Multi-engine, and 25 hours with 10 takeoffs and landings in the specific aircraft type.

    For Turbojet Aircraft with a Special Certificate of Airworthiness - Limited:

    The pilot shall hold at least a commercial pilot licence, valid medical certificate and shall meet the following requirements:

    1. PIC - Pilot in Command without military jet fighter / trainer experience
      1. 2,500 hours TT, including  1,000 hours minimum on high performance turbojet fighter or trainer, and 100 hours in the specific aircraft category; and a minimum of 5 hours on type and,
      2. 5 hours in the past 12 months in the specific aircraft category, including a minimum of 1 hour and 3 takeoffs and landings in the specific aircraft type within the past 90 days;
    2. PIC – with previous military jet fighter / trainer experience
      1. 2,500 hours TT, including  500 hours minimum on high performance turbojet fighter or trainer, and 25 hours in the specific aircraft category, and a minimum of 5 hours on type and,
      2. 5 hours in the past 12 months in the specific aircraft category, including a minimum of 1 hour and 3 takeoffs and landings in the specific aircraft type within the past 90 days.

      NOTE: If the pilot has allowed his takeoff and landing currency to lapse in the specific aircraft, the takeoff and landing currency may not be accomplished during passenger-carrying operations.

  28. The operator shall ensure that any request for any pilot with lower experience minimums than those stated in the exemption is submitted to Transport Canada for approval prior to that pilot conducting flights. For example, extensive military or commercial experience and qualifications such as Test Pilot will be given due consideration.
  29. The operator shall ensure that all pilots conduct “Annual” proficiency training in their type or category of aircraft and are current in their type or category of aircraft used for the carriage of persons. Turbojet pilots shall conduct this in the same type of aircraft. The training shall include but is not limited to:
    1. An open book examination on aircraft systems and limitations, normal and emergency procedures, owner or organization procedures for the carriage of persons.
    2. Training flight(s) to ensure proficiency with an instructor qualified on aircraft type or category, as designated by the operator to review normal, abnormal and emergency procedures in accordance with the AFM (Aircraft Flight Manual) or accepted procedures for the aircraft.
    3. Turbojet high performance manoeuvres such as aerobatics, overhead breaks and closed patterns.
    4. Formation flight training and currency in accordance with international organization Formation and Safety Team (F.A.S.T.) training or organization equivalent SOP.
  30. The operator shall ensure that initial, annual and recurrent training program conducted in different category and type of aircraft due to lack of full dual controls or limited availability of a specific type of aircraft is submitted in writing to Transport Canada for approval prior to conducting passenger flights.
  31. The operator shall record initial, annual and recurrent training for each pilot and a summary of training for each pilot with validity dates shall be made available to the Minister upon request. These records shall be retained for a period of 2 years minimum.
  32. All maintenance shall be performed and released under the control of an approved maintenance organization with a rating appropriate to the work performed.
  33.  The aircraft shall be maintained in accordance with a Maintenance Schedule submitted to and formally approved by Transport Canada. 
  34. Flight above 10,000 feet Above Sea Level (ASL) is not authorized unless all aircraft pressurization and or oxygen systems as fitted for the type are fully serviceable.
  35. The carriage of external stores is prohibited with the exception of drop tanks as required for safe flight. Drop tanks should only be jettisoned as a last resort and when their retention would endanger the aircraft and crew or increase risk to persons on the ground. All premeditated jettisons are to be made over unpopulated areas.
  36. The operator shall be limited to VFR Day operations with a minimum of 1500 feet cloud base with 4 miles visibility for aerodromes with hourly weather report (METAR) and valid Terminal Area Forecast (TAF) otherwise the observable weather shall be 2500 feet cloud base and 5 miles visibility.
  37. Turbojet aircraft shall be limited to VFR Day operations with a minimum of 2500 feet cloud base with 5 miles visibility.
  38. Aerobatic maneouvres and extended formation flights shall not be conducted below 3000 feet above ground or over built up areas.
  39. The operator shall not conduct “Night” operations under this exemption.
  40. Turbojet aircraft may perform overhead breaks and or closed patterns with Air Traffic Control (ATC) coordination and approval only.
  41. Flights below 1000 feet above ground level shall not be conducted unless for takeoff, landing or an emergency.
  42. Turbojet aircraft shall adhere to 250 knot speed limitations below 10,000 feet except where the aircraft’s “corner speed” exceeds the limit and the pilot has received authority from ATC.
  43. The operator shall ensure that the runway length utilized conforms to the requirements specified in the aircraft flight manual (if applicable), or equivalent performance documentation (if applicable) or in accordance with the normal operations for the type.
  44. This exemption is only valid in Canadian airspace unless accompanied by specific approval in writing from another state’s aviation authority. At no times shall the operations outside of Canada exceed 3 calendar months in any calendar year.
  45. Special event formation flights with regular aircraft spacing (40 feet) over a built up area and in the vicinity of an open assembly of persons on the ground shall require prior written approval from Transport Canada.
  46. The operator shall ensure that all other formation flights over built up areas  adhere to increased aircraft spacing of no less than two fighter wing spans (80 feet) and formation changes are limited and avoid any open assemblies of persons on the ground.
  47. Formations flights shall not exceed 4 aircraft plus a camera aircraft. The camera aircraft shall maintain a minimum distance of no less than four fighter wing spans (160 feet). Formation flights with more than 4 aircraft or reduced spacing for the camera aircraft require prior written approval from Transport Canada.
  48. The operator shall conduct a briefing prior to each formation flight to include all normal pre-flight considerations and ensure the briefing includes, but is not limited to, the following:
    1. Formation call sign / positions / crew + passenger assignments;
    2. Formation procedures for joint-up / formation changes and break up for landing;
    3. Formation calls / hand signals;
    4. Procedure for passengers to communicate with the crew without interfering with pilots;
    5. Knock-it-off call / signal for emergencies;
    6. Emergency recovery procedures / formation break up procedure / safe altitudes & headings;
    7. Briefing of route and areas to be avoided (built-up areas);
    8. Aircraft spacing information will be no closer than one fighter wingspan lateral wingtip clearance (40 feet);
    9. Camera aircraft location and procedures.

VALIDITY

The exemption is valid until the earliest of the following:

  1. May 30, 2021 at 23:59 EST;
  2. The date on which any of the conditions set out in this exemption is breached; or
  3. 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 adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada this 12th day of May, 2016, on behalf of the Minister of Transport.

”Original signed by”

Aaron McCrorie
Director General
Aviation Safety Regulatory Framework
Civil Aviation

APPENDIX A

Requirements for Air Operator Certificate

700.02 (1) No person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.

(2) Subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving

(a) the carriage on board of persons other than flight crew members;

(b) the carriage of helicopter Class B, C or D external loads;

(c) the towing of objects; or

(d) the dispersal of products.

(3) A person who does not hold an air operator certificate may conduct aerial work involving the dispersal of products if

(a) the person is a farmer;

(b) the person owns the aircraft that is used to disperse the products;

(c) the products are dispersed for agricultural purposes; and

(d) the dispersal of the products takes place within 25 miles of the centre of the person’s farm.

(4) A person who does not hold an air operator certificate may conduct aerial work involving the carriage of persons other than flight crew members on board a single- engined aircraft if

 (a) the person holds a flight training unit operator certificate;

(b) the pilot-in-command is the holder of a valid flight instructor rating in the appropriate category of aircraft;

(c) the aircraft is operated in day VFR flight;

(d) there are no more than nine passengers on board; and

(e) the flight is conducted for the purpose of sightseeing operations.

(5) Despite subsections (1) and (2), a person who does not hold an air operator certificate may operate an air transport service, or operate an aeroplane or helicopter to conduct aerial work involving the transport of passengers or goods, if

(a) the person holds a private operator registration document;

(b) the person operates the air transport service or conducts the aerial work under a management agreement

with another person who has transferred to that person legal custody and control of the aircraft used to operate the service or to conduct the work;

(c) the management agreement provides that the air transport service is operated or the aerial work is conducted exclusively in support of the activities of the person who has transferred legal custody and control of the aircraft; and

 (d) no payment is made in relation to the air transport service or the aerial work to a party to the management agreement by or on behalf of a passenger or the owner of a transported good unless the passenger or the owner is the person who has transferred legal custody and control of the aircraft.

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