Exemption from paragraph 605.26(1)(b) of the Canadian Aviation Regulations
NCR-023-2020
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 passengers responsible for an infant for which no child restraint system is provided from the requirement set out in paragraph 605.26(1)(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Relevant provisions are reproduced in Appendix A.
Interpretation
In this exemption, the CARESTM device means the child aviation restraint system manufactured by AmSafe Aviation, part number beginning with 4082-1-( )-( ) and bearing a label stating: “FAA approved in accordance with 14 CFR 21.8(d), approved for aircraft use only” or “FAA approved in accordance with 14 CFR 21.305(d), approved for aircraft use only”.
Purpose
The purpose of this exemption is to allow the use by an infant of the AmSafe CARESTM device on Canadian registered aircraft.
Application
This exemption applies only to a passenger responsible for an infant for which no child restraint system is provided and who is travelling on Canadian registered aircraft.
Conditions
This exemption is subject to the following conditions:
- The CARESTM device shall be used and a parent or guardian who will attend to the safety of the infant during the flight shall accompany the infant using the CARESTM device.
- The CARESTM device shall be used within the limitations specified by the manufacturer and found on the CARESTM device.
- The CARESTM device shall bear a legible label indicating the applicable design and approval standards.
- The passenger who is responsible for the infant using the CARESTM device on board an aircraft shall be:
- a) seated in a seat adjacent to the seat to which the CARESTM device is secured;
- b) familiar with the manufacturer's installation instructions for the CARESTM device
- c) familiar with the method of securing the infant in the CARESTM device and of releasing the infant from it; and
- d) familiar with the procedures for evacuation for the infant using the CARESTM device.
Validity
This exemption is in effect from June 16, 2020 at 00:01 EDT until the earliest of the following:
- a) June 15, 2025 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 10th 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:
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child restraint system means any device, other than a safety belt, that is designed to restrain, seat or position a person and that conforms to the applicable standards of airworthiness set out in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; (ensemble de retenue d’enfant)
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infant means a person under two years of age; (enfant en bas âge)
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Use of Passenger Safety Belts and Restraint Systems
605.26 (1) Where the pilot-in-command or the in- charge flight attendant directs that safety belts be fastened, every passenger who is not an infant shall
- (a) ensure that the passenger’s safety belt or restraint system is properly adjusted and securely fastened;
- (b) if responsible for an infant for which no child restraint system is provided, hold the infant securely in the passenger’s arms; and
- (c) if responsible for a person who is using a child restraint system, ensure that the person is properly secured.
(2) No passenger shall be responsible for more than one infant.
Child Restraint System
605.28(1) No operator of an aircraft shall permit the use of a child restraint system on board the aircraft unless
- (a) the person using the child restraint system is accompanied by a parent or guardian who will attend to the safety of the person during the flight;
- (b) the weight and height of the person using the child restraint system are within the range specified by the manufacturer;
- (c) the child restraint system bears a legible label indicating the applicable design standards and date of manufacture;
- (d) the child restraint system is properly secured by the safety belt of a forward-facing seat that is not located in an emergency exit row and does not block access to an aisle; and
- (e) the tether strap is used according to the manufacturer’s instructions or, where subsection (2) applies, secured so as not to pose a hazard to the person using the child restraint system or to any other person.
(2) Where a seat incorporates design features to reduce occupant loads, such as the crushing or separation of certain components, and the seat is in compliance with the applicable design standards, no person shall use the tether strap on the child restraint system to secure the system.
(3) Every passenger who is responsible for a person who is using a child restraint system on board an aircraft shall be
- (a) seated in a seat adjacent to the seat to which the child restraint system is secured;
- (b) familiar with the manufacturer’s installation instructions for the child restraint system; and
- (c) familiar with the method of securing the person in the child restraint system and of releasing the person from it.
Relevant provisions of the Airworthiness Manual, Chapter 551 – Aircraft Equipment and Installation
551.501 Child Restraint Systems
- (a) Introduction
This section contains standards of airworthiness for the approval of child restraint systems as set out in section 605.28 of the CARs.
- (b) Equipment
- (1) Subject to (2) and (3), the design standards in the following documents apply:
| Standard | Criteria for Acceptance for Installation |
|---|---|
| Current – as contained in Chapter 537: CAN-TSO-C100b |
Acceptable for use in transport category aeroplanes |
| Other: Canada Motor Vehicle Safety Standards (CMVSS) No. 213 titled "Child Restraint Systems", effective April 5, 1990 |
Acceptable for restraint systems manufactured between April 5, 1990 and March 14, 1998 |
| Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR) Section 6, titled "Child Restraint Systems" effective March 15, 1998 and subsequent amendments | Acceptable for restraint systems manufactured on or after this effective date |
| Canada Motor Vehicle Safety Standards (CMVSS) No. 213.1 titled "Infant Restraint Systems", effective April 5, 1990 | Acceptable for restraint systems manufactured between April 5, 1990 and March 14, 1998 |
| Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR) Section 7, titled "Infant Restraint Systems" effective March 15, 1998 and subsequent amendments | Acceptable for restraint systems manufactured on or after this effective date |
Federal Motor Vehicle Safety Standard, (FMVSS) No. 213 (FMVSS 213), titled "Child Restraint Systems", published by the Government of the United States:
|
Acceptable for child restraint systems, except for Vest and harness-type, manufactured between January 1, 1981 and February 25, 1985, carrying the label "This child restraint system conforms to all applicable Federal Motor Vehicle Safety Standards"
|
(2) Tether straps, as required in automobiles, and as defined in the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR) Section 6 and 7, are not authorized for use in aircraft.
(3) Combination Child Restraint Systems/Booster Cushions certified to both CMVSS 213 and CMVSS 213.2 standards are acceptable only when the internal harness system is installed and all child restraint system labelling requirements are met.
(4) Booster cushions and booster seats not meeting the above standards are not acceptable for use as Child Restraint Systems.
(5) Infant carriers that consist of a pouch, which holds the infant close to the wearer's body, are not acceptable for use as Child Restraint Systems.
(6) Infant "Belly" or "Loop" belts attached to a seat occupant's safety belt by feeding the occupant's belt segment through a loop on the infant's belt are not acceptable for use as Child Restraint Systems.
(7) A Child Restraint System installed in an aeroplane passenger seat must rely only upon passenger seat lap belts (pelvic restraints) to secure the device to the seat. No passenger seat lap belt may contact the child-occupant of the Child Restraint System.
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