Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt BALLOONVIEW CORPORATION , 2625 Queensview Drive, Ottawa, ON, WHILE OPERATING Aerophile 30 (5500) amusement devices from the requirements of the Canadian Aviation Regulations (CARs), subject to the conditions set out below:
The purpose of this exemption is to permit the BalloonView Corporation to operate an Aerophile 30 (5500) Amusement Device without being required to meet the requirements of the Canadian Aviation Regulations.
This exemption applies to BalloonView Corporation 2625 Queensview Drive, Ottawa, Ontario, only when OPERATING an Aerophile 30 (5500) amusement device installed at Exhibition Place, Toronto, Ontario (43.38.03N, 79.25.23W).
(1) Balloonview Corporation shall:
- ensure the Aerophile 30 (5500) system is operated and maintained in accordance with the directions, procedures published and amended from time to time by the manufacturer, Aerophile S.A. of 19 Rue du Connetable, 605500 Chantilly, France; (please see ANNEX A to this exemption);
- notify and provide copies of any proposed changes to the directions, procedures or manuals contained in ANNEX A prior to implementing proposed changes;(proposed changes shall be sent to Transport Canada, Chief, Recreational Aviation and Special Flight Operations (AARRD), 330 Sparks Street, Ottawa, ON, K1A 0N8);
- ensure all operators are at least eighteen years of age;
- ensure all operators, crew members and maintenance personnel of Aerophile 30 (5500) system are trained and certified by the manufacturer, Aerophile S.A within the preceding twelve (12) months, to perform normal and emergency operating procedures;
- maintain, for a period of two years, records of when and how the determinations in paragraph (d) above were made and make such records available to the Minister upon request;
- ensure the Aerophile 30 (5500) system is lighted in accordance with the obstruction lighting requirements found in the Standard 621.19, Standards Obstruction Markings Manual CHAPTER 9 - MARKING AND LIGHTING OF MOORED BALLOONS AND KITES (please refer to: https://tc.canada.ca/en/corporate-services/acts-regulations/list-regulations/canadian-aviation-regulations-sor-96-433 please see ANNEX B attached to this exemption);
- in respect of every incident related to the operation of the Aerophile 30 (5500)system:
- subscribe for liability insurance covering risks of injury to or death of passengers in an amount that is not less than the amount determined by multiplying $300,000 by the number of passengers on board the amusement device; and
- subscribe for liability insurance covering risks of public liability in an amount that is not less than $1,000,000;
- maintain a copy of this exemption at the site where the device is being operated;
- ensure the Aerophile 30 (5500) system is equipped with a functioning two way radio capable of maintaining two way communication with the Toronto City Centre Control Tower;
- ensure that prior to ascending or descending, an operator receives a clearance to do so from the Toronto City Centre Control Tower;
- ensure that all of the air traffic control instructions and clearances directed to and received by the operator are complied with and acknowledged to the Toronto City Centre Control Tower; and
- ensure that the operator or a crew member carried on board and designated by the operator, maintains a continuous listening watch on the radio frequency assigned by the Toronto City Centre Control Tower.
(2) The maximum height of the Aerophile 30 (5500) system, including the tether shall not exceed:
- the altitude required by the Toronto City Centre Control Tower; or
- in any case, no more than 500 feet above ground level (AGL).
(3) Operation of the Aerophile 30 (5500) system shall be prohibited:
- when ground visibility, as reported by the Toronto City Centre Control Tower, is less than three (3) miles; or
- when a horizontal distance of one (1) mile or vertical distance of 500 feet clear of cloud cannot be maintained; or
- when the Toronto City Centre Control Tower is closed; or
- as otherwise indicated by a NOTAM.
(4) Parachute descents from the Aerophile 30 (5500) system shall be prohibited.
This exemption is in effect until the earliest of the following:
- 23 :59 EST on February 28, 2006;
- the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations and related standards comes into effect;
- the date on which any condition set out in this exemption is breached; or
- 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 that it is likely to affect aviation safety.
The exemption from the Canadian Aviation Regulations issued to Balloonview Corporation, 2625 Queensview Drive, Ottawa, ON on March 23, 2004 at Ottawa, Ontario, Canada by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada, this 22nd day of October 2004, on behalf of the Minister of Transport.
Original signed by
- Date de modification :