Exemption from paragraphs 604.179(z) and 704.115(2)(d) and clause 705.124(2)(b)(iv)(C) of the Canadian Aviation Regulations
NCR-074-2020
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 private operators operating under Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs), from the requirements set out in paragraph 604.179(z) of the CARs,
- Canadian air operators operating under Subpart 4 of Part VII of the CARs, from the requirement set out in paragraph 704.115(2)(d) of the CARs, and
- Canadian air operators operating under Subpart 5 of Part VII of the CARs, from the requirement set out in clause 705.124(2)(b)(iv)(C) of the CARs,
from these requirements as they pertain to annual training, subject to the conditions set out below.
Relevant provisions are reproduced in Appendix A.
Purpose
The purpose of this exemption is to authorize Canadian operators to defer the requirement for flight attendants and cabin crew members to perform hands-on, practical drills during annual training only.
This exemption does not permit the operator to reduce the content in its approved flight attendant or cabin crew member annual training program. The performance of the required hands-on, practical drills shall either be completed within the validity period of the annual training or deferred for successful completion at a later date by each flight attendant and cabin crew member.
This exemption provides temporary measures in the public interest in response to travel restrictions and other impediments that air operators are encountering in the training of flight attendants 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 Canadian private operators operating under Subpart 4 of Part VI of the CARs and to Canadian air operators operating under Subpart 4 or Subpart 5 of Part VII of the CARs and allows an operator to defer the performance of hands-on, practical drills by its flight attendants or cabin crew members when
- a) the operator has no means to have its flight attendants or cabin crew members complete hands-on, practical drills during annual training; and
- b) there is an operational necessity to defer the completion of this portion of annual training.
Transport Canada Civil Aviation (National Flight Operations or Regional Operations) may limit or prevent an operator from using this exemption if they deem that an operational necessity has not been demonstrated or the conditions below are not being appropriately applied.
This exemption ceases to apply to the Canadian operator who breaches a condition of the exemption.
Conditions
This exemption is subject to the following conditions:
- The operator shall establish alternate means for assessing flight attendant and cabin crew member knowledge and competency of hands-on, practical drills.
- The operator shall provide a plan to its assigned principal cabin safety inspector with the following information:
- a) a safety risk assessment and corresponding risk mitigations to be implemented by the operator; and
- b) the method(s) the operator will use to ensure that each flight attendant or cabin crew member remains adequately trained and has the competency necessary to perform their assigned duties.
- Each flight attendant or cabin crew member who has had their training deferred in accordance with this exemption shall complete the hands-on, practical drills using the normal procedures prior to the expiry of this exemption.
- During annual hands-on, practical drills that requires the flight attendant or cabin crew member to don or use safety or emergency equipment that must be placed on or over the head, the operator may use alternative means to conduct the verification of skills for those items of equipment if the operator provides a plan to its assigned principal cabin safety inspector with the following information:
- a) a list of the safety and emergency equipment for which the operator intends to apply alternative means to conduct the verification of skills;
- b) a safety risk assessment and corresponding risk mitigations to be implemented by the operator; and
- c) the method(s) the operator will use to ensure that each flight attendant or cabin crew member remains adequately trained and has the competency necessary to perform their assigned duties.
- The operator shall ensure that each crew member training record required by section 604.149, 704.117 or 705.127 of the CARs identifies the individuals who have had their training deferred in accordance with this exemption.
- An operator’s training program shall include initial training for personnel who are assigned to perform duties on board an aircraft, including flight attendants and cabin crew members.
Validity
This exemption is in effect until the earliest of the following:
- a) December 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.
Cancellation
The exemption NCR-022-2020 from subsection 7.8.3(2) of Part Seven of Annual – Fire Fighting Drills of the Flight Attendant Training Standard made pursuant to subsection 705.124(1) and clause 705.124(2)(b)(iv)(C) of the CARs issued to Canadian air operators operating under Subpart 5 of Part VII of the CARs on March 18, 2020 at Ottawa, Ontario, by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is the opinion of the Minister 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 11th day of June 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
Interpretation
101.01 (1) In these Regulations:
[…]
air operator means the holder of an air operator certificate; (exploitant aérien)
[…]
crew member means a person who is assigned to duty in an aircraft during flight time, or assigned to duty related to the operation of a remotely piloted aircraft system during flight time. (membre d’équipage)
[…]
flight attendant means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft. (agent de bord)
[…]
private operator means the holder of a private operator registration document. (exploitant privé)
[…]
Flight Attendants
- 604.179 The component of the training program for flight attendants shall include the following elements:
- (a) […]
- (z) training that includes the performance of the following emergency procedures:
- (i) the use of the public address and interphone systems,
- (ii) the briefing of passengers,
- (iii) the operation and use of the emergency exits on each type of aircraft to which the flight attendant will be assigned,
- (iv) emergency evacuation procedures,
- (v) if the flight attendants will be assigned to an aircraft equipped with life preservers, the donning and inflation of life preservers,
- (vi) if the flight attendants will be assigned to an aircraft equipped with an evacuation slide, the identification of the location of the manual inflation handle and the disconnect handle, and an evacuation using the slide,
- (vii) if the flight attendants will be assigned to an aircraft equipped with either first aid oxygen equipment or portable oxygen equipment, the operation and use of that equipment,
- (viii) if the flight attendants will be assigned to an aircraft equipped with life rafts, the removal of life rafts from the stowage compartment and the deployment, inflation and boarding of life rafts, and
- (ix) fire fighting, including the use of a fire extinguisher on an actual fire.
- […]
Training Program
- 704.115 (1) Every air operator shall establish and maintain a ground and flight training program that is
- (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
- (b) approved by the Minister in accordance with the Commercial Air Service Standards.
- (2) An air operator’s ground and flight training program shall include
- (a) […]
- (d) initial and annual training for personnel who are assigned to perform duties on board an aircraft; and
- (e) any other training required to ensure a safe operation under this Subpart.
- […]
Training Program
- 705.124 (1) Every air operator shall establish and maintain a training program that is
- (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
- (b) approved by the Minister in accordance with the Commercial Air Service Standards and, in respect of flight attendants, in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard.
- (2) An air operator’s training program shall include
- (a) […]
- (b) for flight attendants:
- (i) aviation indoctrination,
- (ii) line indoctrination training,
- (iii) in-charge training, where applicable, and
- (iv) initial and annual training, including
- (A) safety procedures training,
- (B) aircraft type training,
- (C) emergency procedures training,
- (D) aircraft surface contamination training, and
- (E) first aid training;
- (c) […]
Relevant provisions of the Commercial Air Service Standards
Standard 724 – Commuter Operations: Aeroplanes
724.115 Training Programs
The syllabus of each training program shall include the programmed time allotted and the subject matter to be covered.
[…]
(30) Persons Assigned On Board Duties
Where an air operator has assigned on board duties to a non-flight crew member, that person shall be given adequate initial and annual training to perform the procedures relevant to the duties with which the person is to be involved including, as applicable:
- (a) […]
- (d) procedures for the handling of normal, abnormal, and emergency situations including:
- (i) safe movement in the vicinity of the aeroplane and safe movement to and from the aeroplane;
- (ii) briefing of passengers;
- (iii) handling of passengers;
- (iv) securing of cabin;
- (v) location, operation and use of emergency, life saving and survival equipment carried, including practical training;
- (vi) fire fighting, including practical training;
- (vii) decompression;
- (viii) location, operation and use of emergency exits, including practical training;
- (ix) passenger preparation for an emergency landing or ditching, including practical training; and
- (x) evacuation, including practical training; and
- (e) […]
Standard 724 – Commuter Operations: Helicopters
724.115 Training Program
The syllabus of each training program shall include the programmed time allotted and the subject matter to be covered.
[…]
(26) Persons Assigned on Board Duties
Where an air operator has assigned on board duties to a non-flight crew member, that person shall be given adequate initial and annual training to perform the procedures relevant to the duties with which the person is to be involved including, as applicable:
- (a) […]
- (d) procedures for the handling of normal, abnormal, and emergency situations including:
- (i) safe movement in the vicinity of the helicopter and safe movement to and from the helicopter;
- (ii) briefing of passengers;
- (iii) handling of passengers;
- (iv) securing of cabin;
- (v) location, operation and use of emergency, life saving and survival equipment carried, including practical training;
- (vi) fire fighting, including practical training;
- (vii) decompression;
- (viii) location, operation and use of emergency exits, including practical training;
- (ix) passenger preparation for an emergency landing or ditching, including practical training; and
- (x) evacuation, including practical training; and
- (e) […]
Standard 725 – Airline Operations - Aeroplanes
725.124 Training Program
The air operator training program syllabus shall include all applicable subsections of this standard.
[…]
(58) Training for Flight Attendants Assigned to Open More than One Exit During an Aeroplane Emergency Evacuation
- (a) Initial and annual training for flight attendants assigned to open more than one exit during an aeroplane emergency evacuation shall include:
- (i) […]
- (ii) that each flight attendant shall:
- (A) where the air operator conducts the training in an actual aeroplane, open both opposite floor level exits and demonstrate passenger flow control management through both of these exits;
- (B) where the air operator has a cabin emergency evacuation trainer that includes two floor level exits opposite each other, open both exits and demonstrate passenger flow control management through both of these exits;
- (C) where the air operator has a cabin emergency evacuation trainer that does not include two floor level exits opposite each other:
- (I) open the primary exit to which they are assigned;
- (II) proceed to an area that is equal in distance as the actual second exit;
- (III) simulate opening the second exit; and
- (IV) demonstrate passenger flow control management; or
- (D) where the air operator has a cabin mock-up that does not include two floor level exits opposite each other:
- (I) simulate opening the primary exit to which they are assigned;
- (II) proceed to an area that is equal in distance as the actual second exit;
- (III) simulate opening the second exit; and
- (IV) demonstrate passenger flow control management.
- (b) Each drill shall be performed using the appropriate aeroplane, cabin emergency evacuation trainer, or cabin mock-up.
[…]
Relevant provisions of the Flight Attendant Training Standard
Table of contents
[…]
Annual – Part Seven Drills
- 7.1 Aircraft [Exit] Operation Drills – Each Aircraft Type
- 7.1.1 Equipment Criteria
- 7.1.2 Performance Criteria
- 7.1.3 Evaluation Criteria
-
7.2 Evacuation Drills
- 7.2.1 General
- 7.2.2 Simulation Scenarios
- 7.2.3 Unprepared Land and Inadvertent Water Contact Evacuation Drill Performance Criteria
- 7.2.4 Evaluation Criteria
- 7.2.5 Crew Prepared Evacuation Drill Performance Criteria
- 7.2.6 Evaluation Criteria
-
7.3 Raft Drill
- 7.3.1 Equipment Criteria (Wet or Dry)
- 7.3.2 Performance Criteria
-
7.4 Life Preserver Drill
- 7.4.1 Equipment Criteria
- 7.4.2 Performance Criteria
-
7.5 Aircraft Slide Drill
- 7.5.1 Equipment Criteria
- 7.5.2 Performance Criteria
-
7.6 Fire Fighting Drills
- 7.6.1 General
- 7.6.2 Simulation Scenarios
- 7.6.3 Equipment Criteria
- 7.6.4 Cabin Fire Fighting Drill Performance Criteria
- 7.6.5 Evaluation Criteria
- 7.6.6 Equipment Practice
- 7.6.7 Class B Main Deck Cargo Fire Fighting Drill
- 7.6.8 Live Fire Fighting