DIVISION VII - PERSONNEL REQUIREMENTS

Flight Attendant Requirements

705.104 (1) Subject to subsection (3), no air operator shall operate an aircraft with passengers on board unless the crew includes at least the following number of flight attendants:

(a) 1 to 40 passengers on board, one attendant;

(b) 41 to 80 passengers on board, two attendants; and

(c) 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof.

(2) Notwithstanding subsection (1), no air operator shall operate an aircraft with passengers on board with fewer flight attendants than the number required to satisfy the following requirements:

(a) the air operator shall, for each type and model of aircraft that it operates, assign to each flight attendant the duties to be performed in an emergency, including an emergency evacuation, and shall show that the performance of those duties adequately meets any emergency that may be reasonably anticipated, including the possible incapacitation of another flight attendant; and

(b) the air operator shall ensure that the duties assigned pursuant to paragraph (a) are described in its company operations manual.

(3) An air operator may operate an aircraft with passengers on board with a crew that includes fewer than the minimum number of flight attendants required by subsection (1), if the air operator

(a) is authorized to do so in its air operator certificate; and

(b) complies with the Commercial Air Service Standards.

(4) Where an aircraft has more than one deck, the number of flight attendants on each deck shall be in accordance with subsections (1) and (2).

725.104 Flight Attendant Requirements

(2) An aeroplane that has met the emergency evacuation demonstration requirements of section 525.803 of the Airworthiness Manual or equivalent, using no more than one flight attendant for the compliance test and has been approved by Transport Canada Civil Aviation, Aircraft Certification, may be operated with one flight attendant provided:
(amended 2002/12/01; previous version)

(a) the aeroplane is configured for 50 or less passenger seats;

(b) the aeroplane has been type certificated to FAR 25, Amendment 25-51 or later;
(amended 2002/12/01; previous version)

(c) subject to subsection (3), the public address system and the crew member interphone system at the approved flight attendant take-off and landing station referred to in paragraph (e) is serviceable;
(amended 2006/06/30; previous version)

(d) emergency and normal procedures in the flight attendant manual clearly reflect the differences when one flight attendant is carried and when more than one flight attendant is carried; and

(e) the flight attendant is assigned to occupy the approved flight attendant take-off and landing station located near a floor level exit.

CD wrote:

ea306 wrote:

andy_mtl wrote: The same source said apparently they want to adopt the 50 to 1 FA as it is legal in Germany and for those flights with German front end and in charge... I am not too sure about that
Can someone explain wether or not that would be legal?
Thanks

1FA in 50 rule is also legal here in Canada now. The AOC holder just needs to apply to TC for the Ops Spec.

I think it's a bit more involved than that. It looks like an exemption is required, not an Ops Spec, based on what WestJet received:

"PURPOSE
This exemption authorizes WestJet Airlines when operating pursuant to subpart 705 of the CARs to operate each aeroplane of its fleet with at least one flight attendant for each unit of 50 passenger seats (or portion thereof) installed on the same deck of the aeroplane."

Exemption from section 705.104 of the Canadian Aviation Regulations

PURPOSE
This exemption authorizes WestJet Airlines when operating pursuant to subpart 705 of the CARs to operate each aeroplane of its fleet with at least one flight attendant for each unit of 50 passenger seats (or portion thereof) installed on the same deck of the aeroplane.

Exemption from section 705.104 of the Canadian Aviation Regulations

Transport Canada grants WestJet request regarding flight attendant requirements

No. H054/13
For release - May 6, 2013

OTTAWA — Transport Canada today granted permission for WestJet to employ a ratio of one flight attendant for every 50 passenger seats onboard an aircraft.

"The safety of Canadians is Transport Canada's top priority," said the Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities. "The department has considered WestJet's request carefully and is confident that the same levels of safety will be maintained."

The Canadian Aviation Regulations currently require one flight attendant for every 40 passengers present on board an aircraft. However, for certain eligible aircraft configured with up to 50 passenger seats, only one flight attendant is required.

This exemption aligns WestJet with international standards as airlines based in the United States and other jurisdictions operate with one flight attendant for every 50 passenger seats, and they are currently flying to and from Canada with this ratio.

"This decision will make WestJet more competitive with U.S. airlines while maintaining a high safety standard," said Minister Lebel.

All air operators are entitled to make an exemption request to Transport Canada and every request is given equal consideration and assessed on its own merit. Transport Canada will begin work on a regulatory change so that airlines can meet this internationally-recognized standard without seeking an exemption.

– 30 –

CD wrote:Here is the exemption that WestJet has and that others are eligible to apply for:

PURPOSE
This exemption authorizes WestJet Airlines when operating pursuant to subpart 705 of the CARs to operate each aeroplane of its fleet with at least one flight attendant for each unit of 50 passenger seats (or portion thereof) installed on the same deck of the aeroplane.

Exemption from section 705.104 of the Canadian Aviation Regulations

Transport Canada grants WestJet request regarding flight attendant requirements

No. H054/13
For release - May 6, 2013

OTTAWA — Transport Canada today granted permission for WestJet to employ a ratio of one flight attendant for every 50 passenger seats onboard an aircraft.

"The safety of Canadians is Transport Canada's top priority," said the Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities. "The department has considered WestJet's request carefully and is confident that the same levels of safety will be maintained."

The Canadian Aviation Regulations currently require one flight attendant for every 40 passengers present on board an aircraft. However, for certain eligible aircraft configured with up to 50 passenger seats, only one flight attendant is required.

This exemption aligns WestJet with international standards as airlines based in the United States and other jurisdictions operate with one flight attendant for every 50 passenger seats, and they are currently flying to and from Canada with this ratio.

"This decision will make WestJet more competitive with U.S. airlines while maintaining a high safety standard," said Minister Lebel.

All air operators are entitled to make an exemption request to Transport Canada and every request is given equal consideration and assessed on its own merit. Transport Canada will begin work on a regulatory change so that airlines can meet this internationally-recognized standard without seeking an exemption.

– 30 –

Sunwing to operate with fewer flight attendants
Vacationers heading down south on Sunwing Airlines this December will see fewer flight attendants on board, due to Transport Canada’s rule changes.

By: Vanessa Lu Business reporter, Published on Tue Oct 29 2013
Toronto Star

Vacationers heading down south on Sunwing Airlines this December will see fewer flight attendants when they board planes, due to Transport Canada’s rule changes.

Sunwing, which is flying 32 aircraft this winter season, expects to operate with four cabin crew instead of the current five on its Boeing 737 jets beginning in December.

On Oct. 18, Transport Canada granted Sunwing the ability to operate with one flight attendant for every 50 passenger seats, instead the current ratio of one flight attendant per 40 passenger seats.

While the Canadian Union of Public Employees, which represents flight attendants, says fewer staff would have an impact on safety in the event of an emergency, Sunwing believes it can operate with a smaller cabin crew.

“I don’t believe this is a safety issue,” said Sunwing president Mark Williams in an interview. “The standard around the rest of world is one flight attendant for 50 seats including the U.S. and Western Europe.

“We are just now moving to what is an accepted international standard,” Williams said. “We’re comfortable that both from service perspective and a safety perspective that this is an appropriate thing to do.”

Mark Brancelj, president of CUPE Local 4055, which represents up to 1,000 Sunwing flight attendants, says Transport Canada has consistently backed the 1 to 40 ratio until this year.

“Nothing has changed. The aircraft are the same, and the crews are the same. There’s nothing to indicate it would be as safe to move to a 1:50 ratio,” he said.

Despite the international rules, Brancelj said, “As a Canadian, I would hope that our government would hold us to a higher standard.”

Sunwing’s Williams says the airline does not anticipate any job losses as a result of the ratio change.

“We have a seasonal business that peaks in the winter. We have recalled all of our flight attendants who were with us last year, and hired a few more,” he said.

In May, WestJet Airlines was the first Canadian carrier to win an exemption to the rule.

“Once WestJet got an exemption granted, we felt it was appropriate for us to ask for the same exemption,” Williams said.

WestJet began implementing the staffing change across all its flights this month, after amending operations and flight manuals as well as crew member training programs.

Depending on the plane configuration, WestJet spokesman Robert Palmer said some flights have three flight attendants while others have four flight attendants.

“The change happened on Oct. 1, and it has gone very smoothly,” Palmer said in an email. The airline feared it would face a temporary surplus of flight attendants with the rule change, but staffing issues have been resolved through various options including buyouts.

WestJet estimates the ratio change will result in $30 million in annual savings for the company.

Transport Canada says it is confident the same levels of safety will be maintained under the new ratio, and argued the change puts airlines on a more competitive footing with other carriers, notably in the United States.

Air Canada filed a similar request in September, and its leisure carrier Rouge also recently asked for the change. Transport Canada is considering the requests.

“All air operators are entitled to make an exemption request to Transport Canada and every request would be given equal consideration and assessed on its own merit,” said Transport Canada spokeswoman Karine Martel.

She acknowledged that Transport Canada intends to move ahead with a regulatory change, so that Canadian airlines can adopt this ratio without seeking an exemption, though no timeline has been set for the change.

Martel added that the 1 to 50 ratio is the international norm, and it is used by U.S. and European carriers on every day, “including when they are in Canadian airspace.”

Air Transat said it has not filed a request for the ratio change, though it is analyzing the situation.

Earlier this year, Transat flight attendants agreed to cost-cutting measure to eliminate one flight attendant on the wide-body Airbus 330 planes. That means there are now 10 flight attendants on a plane that seats about 345 passengers.