Exemption from subsection 705.221(1) of the Canadian Aviation Regulations

NCR-042-2020

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 subsection 705.221(1) of the CARs, subject to the following conditions.

The above mentioned provision of the CARs is 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 operate the aeroplane if one of the flight attendants is incapacitated.

Application

This exemption applies to Canadian air operators operating under Subpart 5 of Part VII of the CARs.

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:

1. An air operator who has assigned two or more flight attendants to a flight may operate the aeroplane for that flight without one of the flight attendants if
   • a) one of the flight attendants is incapacitated;
   • b) no other flight attendant who is qualified for the model of aeroplane is available at the point of departure;
   • c) procedures ensuring that an acceptable level of safety is achieved with the reduced number of flight attendants, in particular for evacuation of passengers, are established and used, including
     • i) reduction of passenger numbers,
     • ii) reseating of passengers with due regard to emergency exits and other applicable limitations, and
     • iii) relocation of flight attendants taking into account the procedures established in accordance with section 705.224 of the CARs, and any change of procedures;
   • d) at least one flight attendant is on board for each unit of 50 passengers or for each portion of such a unit; and
   • e) at least one flight attendant is assigned to each pair of floor level exits.
2. A copy of this exemption shall be carried on board the aeroplane.

Validity

This exemption is in effect until the earliest of:

• a) October 31, 2020 at 23:59 EDT; 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, on this 14th 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

Incapacitated Flight Attendant

• 705.221 (1) An air operator who has selected, in respect of a model of aeroplane, the ratio set out in paragraph 705.201(2)(a) and who has assigned two or more flight attendants to a flight using an aeroplane of that model may operate the aeroplane for that flight without one of the flight attendants if
  • (a) one of the flight attendants is incapacitated;
  • (b) no other flight attendant who is qualified for the model of aeroplane is available at the point of departure;
  • (c) the pilot-in-command authorizes an employee of the air operator to occupy a flight attendant station until the aeroplane reaches the nearest airport at which the employee can be replaced by a flight attendant who is qualified for the model of aeroplane;
  • (d) before the movement of the aeroplane on the surface, the employee is briefed under the supervision of the pilot-in-command on the operation of the emergency exits and on emergency procedures, including those related to the flight attendant station to be occupied by the employee; and
  • (e) the pilot-in-command is of the opinion that the employee understood the briefing.
• (2) The air operator shall keep a record of the replacement for at least two years after the day on which the flight is completed.