Exemption from subsections 303.06 (3) and (4) of the Canadian Aviation Regulations - Aircraft Rescue and Fire Fighting (ARFF) at Airports and Aerodromes, Statistics on the Number of Aircraft Movements

NCR-044-2020

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 all Canadian airport operators from the requirements of subsections 303.06(3) and (4) – Statistics on the Number of Passengers and Aircraft Movements of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Subsections 303.06(3) and (4) of the CARs state that the operator of a designated airport shall, at least once every six months, review the monthly statistics for the twelve months preceding the date of the review and determine the three consecutive months with the highest total number of movements by commercial passenger-carrying aircraft in all aircraft categories for fire fighting.

Where the review shows more than one period of three consecutive months having the same total number of movements by commercial passenger-carrying aircraft, the period to be used for the purposes of section 303.07 is the period involving the highest aircraft category for fire fighting; or where those periods involve the same highest aircraft category for fire fighting, the period involving the greatest number of movements in that category.

The above mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow all Canadian airport operators more flexibility in their requirements under Subpart 3, Aircraft Rescue and Fire Fighting at Airports and Aerodromes, of Part III of the CARs.

As the COVID-19 situation continues to evolve, this exemption would allow Canadian airport operators more flexibility with their critical category for fire fighting.

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

Application

This exemption applies to all Canadian airport operators.

This exemption ceases to apply to a Canadian airport operator that does not respect the conditions of this exemption.

Conditions

This exemption is subject to the following conditions:

1. The Canadian airport operator who elects to use this exemption shall ensure that the critical category for fire fighting and the hours of operation of an aircraft fire fighting service meet the daily flights scheduled based on the most recent schedule provided by the air carriers. This critical category for fire fighting could be determined by decreasing the highest aircraft category for fire fighting by one category if at the beginning of each month, as per CARs 303.07 the anticipated highest aircraft category for fire fighting is less than 700 for the next 3 months.
2. The revised hours of operation and the critical category for fire fighting shall be published in a NOTAM.
3. The Canadian airport operator who elects to use this exemption shall compile the statistics on the number of passengers and aircraft movements as required by CARs 303.06 from the date that this exemption comes in to effect or is exercised.
4. The Canadian airport operator who elects to exercise the privileges of this exemption shall notify their Transport Canada Civil Aviation regional office and include a copy of this exemption in their Airport Operation Manual (AOM) as a temporary addendum.

Validity

This exemption is in effect from April 06, 2020 until the earliest of the following:

• a) April 05 2021 at 23:59 (EDT); or
• b) the date on which the 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 6th 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

Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodrom

Statistics on the Number of Passengers and Aircraft Movements

• 303.06 (1) The operator of an airport or aerodrome shall review, at least once every six months, the statistics in respect of the number of emplaned and deplaned passengers resulting from the Electronic Collection of Air Transportation Statistics project carried out jointly by the Department of Transport and Statistics Canada for the twelve months preceding the date of the review and determine whether the airport or aerodrome qualifies as a designated airport under subsection 303.02(1).
• (2) The operator of a designated airport shall compile monthly statistics setting out the number of movements by commercial passenger-carrying aircraft in each aircraft category for fire fighting.
• (3) The operator of a designated airport shall, at least once every six months, review the monthly statistics for the twelve months preceding the date of the review and determine the three consecutive months with the highest total number of movements by commercial passenger-carrying aircraft in all aircraft categories for fire fighting.
• (4) Where the review shows more than one period of three consecutive months having the same total number of movements by commercial passenger-carrying aircraft, the period to be used for the purposes of section 303.07 is
  • (a) the period involving the highest aircraft category for fire fighting; or
  • (b) where those periods involve the same highest aircraft category for fire fighting, the period involving the greatest number of movements in that category.
• (5) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to cease providing an aircraft fire-fighting service if the operator demonstrates by means of a risk analysis based on Standard CAN/CSA-Q850-97 entitled Risk Management: Guideline for Decision-makers as amended from time to time that the cessation of the aircraft fire-fighting service will not result in an unacceptable risk to aviation safety.
• (6) If the Minister issues an authorization under subsection (5), the operator of a designated airport shall submit the content of the authorization for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.
• (7) The operator of a designated airport shall
  • (a) retain the monthly statistics referred to in subsection (2) for five years after the date of the review; and
  • (b) provide them to the Minister at the Minister’s request.

Critical Category for Fire Fighting

• 303.07 (1) The operator of a designated airport shall determine a critical category for fire fighting for the airport based on the number of movements at the airport during the three-month period determined in accordance with subsection 303.06(3) or (4) by commercial passenger-carrying aircraft in the highest and the next highest aircraft categories for fire fighting.
• (2) Where, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is 700 or more, the critical category for fire fighting is equivalent to that highest aircraft category for fire fighting.
• (3) If, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is less than 700, the critical category for fire fighting shall be determined by decreasing the highest aircraft category for fire fighting by one category.
• (4) If the operator of a designated airport anticipates a period of one or more hours of movements of aircraft of a lower aircraft category for fire fighting only, the operator may reduce the critical category for fire fighting to the highest aircraft category for fire fighting anticipated for that period if the operator
  • (a) documents the anticipated situation; and
  • (b) notifies the appropriate air traffic control unit or flight service station of the reduced critical category for fire fighting for publication in a NOTAM.