Exemption from section 705.37 of the Canadian Aviation Regulations and paragraph 725.37(1)(b) of the Commercial Air Services Standards
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 5 of Part VII of the Canadian Aviation Regulations (CARs) and their flight crew members, from the requirement of section 705.37 of the CARs and paragraph 725.37(1)(b) of the Commercial Air Services Standards (CASS), subject to the conditions set out below.
Section 705.37 of the CARs and paragraph 725.37(1)(b) of the CASS are reproduced in Appendix A.
The purpose of this exemption is to allow Canadian air operators operating pursuant to Subpart 5 of Part VII of the CARs and their flight crew members, to conduct night VFR operations while using NVIS.
This exemption applies to Canadian air operators operating pursuant to Subpart 5 of Part VII of the CARs and their flight crew members when conducting VFR operations while using NVIS.
This exemption ceases to apply to the Canadian air operator operating pursuant to Subpart 5 of Part VII of the CARs and their flight crew members who breaches a condition of the exemption.
This exemption is subject to the following conditions:
- 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.
- A copy of this exemption shall be carried on board.
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 canceled 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”
Canadian Aviation Regulations
Routes in Uncontrolled Airspace
705.37 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.
Commercial Air Services Standards
725.37 Routes in Uncontrolled Airspace
For an air operator to establish routes in uncontrolled airspace the following standards shall be met:
(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 route;
- (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;