Exemption from paragraph 703.27(a), section 703.34 and subsection 703.88(3) of the Canadian Aviation Regulations and subclause 723.07(2)(b)(i)(a)(ii) (Aeroplane and Helicopter) and section 723.34 of the Commercial Air Service Standards

NCR-026-2019

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 3 of Part VII of the Canadian Aviation Regulations (CARs) and their flight crew members, from the requirements of paragraph 703.27(a), section 703.34, subsection 703.88(3) of the CARs and subclause 723.07(2)(b)(i)(A)(II) (Aeroplane and Helicopter) and section 723.34 of the Commercial Air Service Standards (CASS), subject to the conditions set out below.

Paragraph 703.27(a), section 703.34 and subsection 703.88(3) of the CARs and subclause 723.07(2)(b)(i)(A)(II) (Aeroplane and Helicopter) and section 723.34 of the CASS is reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow Canadian air operators operating pursuant to Subpart 3 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 3 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 operators operating pursuant to Subpart 3 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 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); or
  • 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

VFR Flight Obstacle Clearance Requirements

703.27 Except when conducting a take-off or landing, no person shall operate an aircraft in VFR flight

  • (a) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of three miles from the route to be flown; or
  • (b) where the aircraft is an aeroplane, during the day, at less than 300 feet AGL or at a horizontal distance of less than 300 feet from any obstacle.

Routes in Uncontrolled Airspace

703.34 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

Flight Crew Member Qualifications

703.88 […]

(3) No person shall act as the pilot-in-command of an aircraft with a person other than a flight crew member on board in night VFR flight unless the person acting as the pilot-in-command holds an instrument rating for that class of aircraft.

Commercial Air Service Standards

Standard 723 - Air Taxi - Aeroplanes

723.07 Issuance or Amendment of Air Operator Certificate
[…]

(2) Qualifications and Responsibilities of Operational Personnel
[…]

  • (b) Chief Pilot
    • (i) Qualifications
      • (A) The chief pilot shall:
        • (I) where VFR only is authorized by the air operator certificate, hold an Airline Transport Pilot Licence (Aeroplane) or a Commercial Pilot Licence (Aeroplane) appropriate for an aeroplane subject to this Subpart;
        • (II) where Day and Night VFR is authorized by the air operator certificate, hold an Airline Transport Pilot Licence (Aeroplane) or a Commercial Pilot Licence (Aeroplane), valid for night, and an Instrument Rating appropriate for an aeroplane subject to this Subpart; or
        • (III) where IFR is authorized by the air operator certificate, hold a valid Airline Transport Pilot Licence (Aeroplane) or in the case of an IFR centre line thrust aeroplane or single-engine operation, a valid Commercial Pilot Licence (Aeroplane) and a valid Instrument Rating appropriate for an aeroplane subject to this Subpart.

723.34 Routes in Uncontrolled Airspace

The standard for establishing routes in uncontrolled airspace is:

  • (1) A minimum obstruction clearance altitude (MOCA) shall be established for each route segment by the use of aeronautical charts and the Canada Flight Supplement for updating of significant obstructions as follows:

    • (a) for flight under IFR, a minimum altitude of 2000 feet above the highest obstacle located within a horizontal distance of 10 miles from the centre line of the route; and
    • (b) for flight at night in VFR conditions, a minimum altitude of 1000 feet above the highest obstacle located within 3 miles from the centre line of the route.
  • (2) For each route segment a minimum enroute altitude (MEA) shall be established which meets or exceeds the minimum obstruction clearance altitude and assures navigational signal coverage. For line of sight navigation aid reception distance, for ground installed aids, the minimum reception altitude may be calculated by calculating the square root of an altitude above the navigation aid and multiplying the result by 1.25 (Sq. root 3000 ft. is 54.7 x 1.25 = 68 miles). The MEA will be established to the nearest higher 100 foot increment.

  • (3) Each route shall include:

    • (a) the FROM/TO route segment;
    • (b) track;
    • (c) MOCA;
    • (d) MEA;
    • (e) distance between fixes or waypoints; and
    • (f) navigation aids.
  • (4) The air operator shall maintain a record of the company routes in a form and format similar to the catalogue of approved routes.

    Provided the above procedures are followed, an air operator’s pilot may use routes that are not yet contained in the record of company routes.

  • (5) Prior to initial use of other than a publicly available navigation aid, permission of the owner/operator shall be obtained and retained in company records. No VFR at night or IFR flights shall commence unless the navigation aids upon which the route is predicated are in satisfactory operating condition or the flight is conducted using an approved long range navigation system.

    When company routes are predicated on other than publicly available navigation aids and arrangements have not been made with the owner/operator to advise when the navigation aid is out of service, instructions to pilots shall be included on how, and whom to contact, to confirm that the navigation aid is in service.

  • (6) The air operator’s Company Operations Manual shall be amended to outline the above procedures and information for pilot guidance.

  • (7) The flight visibility shall not be less than 3 miles for flights in VFR at night.

    Note:

    Pilot training for Area Navigation Systems is contained in subsection 723.98(21)

Standard 723 - Air Taxi - Helicopters

723.07 Issuance or Amendment of Air Operator Certificate
[…]

(2) Qualifications and Responsibilities of Operations Personnel
[…]

  • (b) Chief Pilot
    • (i) Qualifications
      • (A) If the air operator certificate authorizes:
        • (I) day VFR only - holds a Commercial Pilot Licence (Helicopter);
        • (II) day and night VFR - holds a Commercial Pilot Licence (Helicopter) and a valid helicopter instrument rating; or
        • (III) IFR - holds an Airline Transport Pilot Licence (Helicopter) and a valid helicopter instrument rating; or a valid Commercial Pilot Licence (Helicopter) and a valid helicopter instrument rating;

723.34 Routes in Uncontrolled Airspace

The standard for establishing company routes in uncontrolled airspace is:

  • (1) A minimum obstruction clearance altitude (MOCA) shall be established for each route segment by the use of aeronautical charts and the Canada Flight Supplement for updating of significant obstructions as follows:

    • (a) for flight under IFR or in IMC, a minimum altitude of 2,000 feet above the highest obstacle located within a horizontal distance of 10 miles from the centre line of the route; or
    • (b) for flight at night in VFR conditions a minimum altitude of 1,000 feet above the highest obstacle located within 3 miles from the centre line of the route.
  • (2) For each route segment a minimum enroute altitude (MEA) shall be established which meets or exceeds the minimum obstruction clearance altitude and assures navigational signal coverage. For line of sight navigation aid reception distance for ground installed aids, the minimum reception altitude may be calculated by calculating the square root of an altitude above the navigation aid and multiplying the result by 1.25 (Sq. root 3000 ft. is 54.7 x 1.25 = 68 miles). The MEA will be established to the nearest higher 100 foot increment.

  • (3) Each route shall include:

    • (a) the route segment;
    • (b) track;
    • (c) MOCA;
    • (d) MEA;
    • (e) distance between fixes or waypoints; and
    • (f) navigation aids.
  • (4) The air operator shall maintain a record of their company routes in a form and format similar to the Catalogue of Approved Routes.

    Provided the above procedures are followed, an air operator’s pilot may use routes that are not yet contained in the record of company routes;

  • (5) Prior to initial use of other than publicly available navigation aids, permission of the owner/operator shall be obtained and retained in company records. No VFR at night or IFR flights shall commence unless the navigation aids upon which the route is predicated are in satisfactory operating condition.

    When company routes are predicated on other than publicly available navigation aids and arrangements have not been made with the owner/operator to advise when the navigation aid is out of service, instructions to pilots shall be included on how, and whom to contact, to confirm the status of the navigation aid.

  • (6) The air operator’s Company Operations Manual shall be amended to outline the above procedures and information for pilot guidance.

  • (7) the flight visibility shall not be less than 3 miles for flights in VFR at night.

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