Exemption from section 602.25 and subsection 602.40(1) of the Canadian Aviation Regulations

NCR-008-2019

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 holders of a private operator registration document operating pursuant to Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs) and their flight crew members, and Canadian air operators operating pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs and their flight crew members, from the requirement of section 602.25 and subsection 602.40(1) of the CARs, subject to the conditions stated below.

Sections 602.25 and 602.40 of the CARs are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow holders of a private operator registration document conducting operations pursuant to Subpart 4 of Part VI of the CARs and their flight crew members, and Canadian air operators operating pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs and their flight crew members, while using NVIS to conduct entering or leaving an aircraft in flight and to conduct a landing or take-off at an aerodrome at night in Visual Flight Rules (VFR) at a location that is not lighted in accordance with the aerodrome lighting requirements specified in Part III of the CARs.

Application

This exemption applies to holders of a private operator registration document operating pursuant to Subpart 4 of Part VI of the CARs and their flight crew members, and Canadian air operators operating pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs and their flight crew members when conducting entering or leaving an aircraft in flight operations and a landing or take-off at an aerodrome in VFR at night at a location that is not lighted in accordance with the aerodrome lighting requirements specified in Part III of the CARs.

This exemption ceases to apply to the holder of a private operator registration document operating pursuant to Subpart 4 of Part VI of the CARs and their flight crew members and to the Canadian air operator operating pursuant to Subpart 2, 3, 4 and 5 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:

1. All NVIS operations shall be conducted in accordance with the Advisory Circular AC603-001, Issue 4, Special Authorization for Night Vision Imaging Systems Operations and the conditions therein.
2. 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) November 30, 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

Relevant provisions of the Canadian Aviation Regulations

Entering or Leaving an Aircraft in Flight

602.25 (1) No person shall enter or leave an aircraft in flight except with the permission of the pilot-in-command of the aircraft.

(2) No pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless

• a) the person leaves for the purpose of making a parachute descent;
• b) the entering or leaving is permitted under section 702.19; or
• c) the flight is conducted in accordance with
  • (i) a special flight operations certificate-special aviation event issued under section 603.02, or
  • (ii) a special flight operations certificate issued under section 603.67.

Landing at or Take-off from an Aerodrome at Night

602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.

(2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where

• (a)the flight is conducted without creating a hazard to persons or property on the surface; and
• (b)the aircraft is operated
  • (i) for the purpose of a police operation that is conducted in the service of a police authority, or
  • (ii) for the purpose of saving human life.