Exemption from paragraph 704.23(a) and section 704.29 of the Canadian Aviation Regulations and paragaraph 724.29(1)(b) (aeroplane and helicopter) of the Commercial Air Services Standards

NCR-027-2019

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 4 of Part VII of the Canadian Aviation Regulations (CARs) and their flight crew members from the requirements of paragraph 704.23(a) and section 704.29 of the CARs and paragraph 724.29(1)(b) of the Commercial Air Services Standards (CASS), subject to the conditions set out below.

Paragraph 704.23(a) and section 704.29 of the CARs and paragraph 724.29(1)(b) of the CASS are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow Canadian air operators operating pursuant to Subpart 4 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 4 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 operator operating pursuant to Subpart 4 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:

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.
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 31^th 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

704.23 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 500 feet AGL or at a horizontal distance of less than 500 feet from any obstacle.

Routes in Uncontrolled Airspace

704.29 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

Standard 724-Commuter Operations - Aeroplanes

724.29 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.

(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 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 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 a publicly available navigation aid 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 section 724.115 of the Commercial Air Services Standards.

Standard 724-Commuter Operations - Helicopters

724.29 Routes in Uncontrolled Airspace - Helicopter

The standard for establishing routes in uncontrolled airspace is:

(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, except where the flight is conducted offshore, in which case a minimum altitude of 1000 feet above the highest obstacle located within a horizontal distance of 3 miles from the centre line of the route may be used; and (amended 1998/06/01)
(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 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 company 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 a publicly available navigation aid 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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Date modified:: 2020-03-31