AUTHORIZATION PURSUANT TO PARAGRAPH 702.22(2)(a) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to paragraph 702.22(2)(a) of the Canadian Aviation Regulations (CARs), and after taking into account that the authorization is in the public interest and is not likely to affect aviation safety, for the purposes of paragraph 602.15(2)(a) of the CARs, I hereby authorize Midfield Enterprises Ltd.,  P.O. Box 1330, North Battleford SK S9A 3L8 to operate at altitudes other than those specified in paragraph 602.14(2)(a) of the CARs, subject to the conditions that follow. Details of paragraph 702.22(2)(a), 602.1 5(2)(a) and subparagraph 602.14(2)(a)(i) of the Canadian Aviation Regulations are found in Appendix A to this exemption.

Purpose

The purpose of this authorization is to permit Midfield Enterprises Ltd. to conduct aerial application of a biological larvicide (Btk Foray 76B) near or over the Resort Village of Candle Lake, Saskatchewan, for the control of spruce budworm. The area of application of the larvicide will be that area as depicted on the maps accompanying the application for this authorization.

Application

This authorization is subject to the description of events in the Midfield Enterprises Ltd. aerial work zone plans and covering letter, dated 05 May 2004, and applies to C-GKDE, C­FKDE and C-FUFB, AT502B aircraft when operated by under Air Operator Certificate Number 6357.

Conditions

This authorization is subject to the following conditions:

  1. Flights shall be carried out under Day/VFR conditions;
  2. No flight operations shall be conducted on any Saturday, Sunday or holiday;
  3. No person, other than crew members essential to the operation shall be on board the aircraft at any time;
  4. Flights shall be operated at such altitudes, airspeeds and flight paths that will permit a landing without creating a hazard to persons or property on the surface of the earth in the event of an emergency;
  5. Midfield Enterprises Ltd. shall ensure that flight paths are arranged and flown so that no person is directly under the area of application during any operations;
  6. The Village Administrator of the Resort Village of Candle Lake shall be notified prior to, and with sufficient time, for any action as the Village Administrator of the Resort Village of Candle Lake may require, to ensure the safety or health of persons in the area if any operations involve flight paths that are directly over any cottage, building or vehicle.
  7. The Village Administrator of the Resort Village of Candle Lake shall be notified prior to, and with sufficient time, should the Village Administrator of the Resort Village of Candle Lake deem it is necessary to ensure the safety or health of persons, to prevent persons from entering the aerial work zone while application operations are occurring;
  8. A copy of this authorization shall be carried on board the aircraft during aerial work operations;
  9. Local police and fire departments shall be notified of the nature and dates and times of the operations prior to commencement of operations;
  10. The Regional Superintendent, Operations, Prairie and Northern Region shall be notified in advance of any operations (in order of preference) by telephone at 204-983-1409, by fax at 204-983-1734 or by e-mail to grahamk@tc.qc.ca.
  11. Midfield Enterprises Ltd. shall comply with paragraph 702.22(2)(b) of the CARs.

Validity

This authorization is in effect until the earliest of the following:

  1. 23:59 CST on 25 June 2004;
  2. the date on which any condition set out in this authorization is breached or;
  3. the date on which this authorization is canceled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Winnipeg, Manitoba, this 16th day of June 2004, on behalf of the Minister of Transport.

K. W. Graham
Superintendent Operations
Commercial and Business Aviation Prairie and Northern Region
for Minister of Transport


APPENDIX A

Built-up Area and Aerial Work Zone 702.22 (1) ...

(2) For the purposes of paragraph 602.15(2)(a), a person may operate an aircraft over a built-up area at altitudes and distances less than those specified in paragraph 602.14(2)(a), if the person

  1. has an authorization from the Minister or is authorized to do so in an air operator certificate; and
  2. complies with the Commercial Air Service Standards.

Permissible Low Altitude Flight 602.15 (1) ...

(2) A person may operate an aircraft, to the extent necessary for the purpose of the operation in which the aircraft is engaged, at altitudes and distances less than those set out in

  1. Paragraph 602.14(2)(a), where operation of the aircraft is authorized under Subpart 3 or section 702.22; or...

Minimum Altitudes and Distances

602.14 (1) ...

(2) Except where conducting a take-off, approach or landing or where permitted under section 602.15, no person shall operate an aircraft

  1. over a built-up area or over an open-air assembly of persons unless the aircraft is operated at an altitude from which, in the event of an emergency necessitating an immediate landing, it would be possible to land the aircraft without creating a hazard to persons or property on the surface, and, in any case, at an altitude that is not lower than
    1. for aeroplanes, 1,000 feet above the highest obstacle located within a horizontal distance of 2,000 feet from the aeroplane,
    2. for balloons, 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or
    3. for an aircraft other than an aeroplane or a balloon, 1,000 feet above the highest obstacle located within a horizontal distance of 500 feet from the aircraft; and
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