Exemption from subparagraph 602.66(1)(c) of the Canadian Aviation Regulations
NCR-033-2020
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt helicopter air operators and flight crew conducting flight operations under Subparts 702, 703 and 704 of the Canadian Aviation Regulations (CARs) from the requirements of sections 602.66(1)(c) of the CARs, subject to the conditions set out below.
Provision 602.66(1)(c) of the CARs states that no person shall operate a helicopter to conduct an offshore operations flight over Canadian waters unless each person on board has, in the 36-month period preceding the flight, received Emergency Underwater Breathing Apparatus (EUBA) training.
The above-mentioned provision is reproduced in Appendix A.
Purpose
The purpose of this exemption is to allow an air operator and flight crew to conduct an offshore operations flight over Canadian waters with persons on board that have received the EUBA training specified in provision 602.66(1)(c) of the CARs within the 42-month period preceding the flight.
This exemption provides temporary measures in the public interest in response to travel restrictions and limited access to training facilities that are being encountered after 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 helicopter air operators and flight crew that conduct offshore operations flights over Canadian waters under Subparts 702, 703 and 704 of the CARs.
This exemption ceases to apply to an air operator and flight crew conducting flight operations under Subparts 702, 703 and 704 of the Canadian Aviation Regulations (CARs) who breaches any of the conditions this exemption.
Conditions
This exemption is subject to the following conditions:
- Air operators and flight crews shall ensure that each person on board an offshore operations flight who has not received EUBA training in the preceding 36-months is verbally briefed on the type, operation, limits and hazards of the EUBA prior to boarding the flight.
- This exemption is only intended for use by an air operator and flight crew if there is no suitable option to complete EUBA training in the 36-month period preceding the flight.
Validity
This exemption is in effect until the earliest of the following:
- December 31, 2020 at 23:59 (EDT); or
- 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 30th day of March 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Pertinent provision(s) of the Canadian Aviation Regulations
Emergency Underwater Breathing Apparatus (EUBA)
602.66 (1) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters unless
- (a) a EUBA is provided for each person on board;
- (b) each EUBA
- (i) is readily accessible for immediate use in the event of a ditching,
- (ii) can be donned quickly,
- (iii) provides a supplemental air supply that is effective to a depth of at least 3.6 m
- and
- (iv) is not likely to pose a snagging risk during an evacuation of the helicopter;
- and
-
(c) each person on board has, in the 36-month period preceding the flight, received EUBA training that
- (i) is specific to the type of EUBA provided,
- (ii) includes classroom theory training on the use of the EUBA and its limits and hazards, and
- (iii) includes practical pool training that simulates the evacuation of a helicopter that has overturned or is sinking after a ditching.