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 an air operator as lessee, Avionair Inc., Aéroport international de Montréal, 9025, avenue Ryan, Dorval, Quebec H9P 1A2, from the requirements set out in paragraph 604.01(b) and subsection 700.02(1) of the Canadian Aviation Regulations (CARs), subject to the purpose, application and conditions set out below.
Paragraph 604.01(b) requires that Subpart 604 of the CARs applies in respect of the operation of a Canadian aircraft that is used for the transport of passengers, where the aircraft is not required to be operated under Subpart 6 of Part IV or under Part VII of the CARs.
Subsection 700.02(1) requires that no person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.
The purpose of this exemption is to allow the air operator Avionair Inc. as lessee, when in a leasing arrangement where the lessor Domtar Inc. is the aircraft title holder with no air operator certificate and the lessee has legal custody and control of the aircraft with an air operator certificate issued pursuant to Subpart 704 of the CARs, to operate the aircraft under Subpart 604 of the CARs to transport the family of the lessor, and employees, or dependent and independent contractors working for the lessor, for that activity and time period only, after completion of which the air operator (lessee) reverts to compliance with Subpart 704 of the CARS.
This exemption applies to Avionair Inc. for the operation of the aircraft described below so that it may provide air transportation service to the lessor’s family and employees as well as dependent and independent contractors employed by the lessor, in conformance with the valid rental contract between Domtar Inc. and Avionair Inc. attached to this exemption.
This exemption applies to Avionair Inc. for the operation of Hawker 800 XP (HS125), Registration No. C-GDII, Serial Number 258316.
The air operator as lessee operating the aircraft pursuant to Subpart 704 of the CARs may operate the aircraft pursuant to Subpart 604 of the CARs only when the lessor retains the services of the air operator to provide an air transport service to the family of the lessor, and employees, or dependent and independent contractors working for the lessor.
This exemption is granted subject to the following conditions:
- The lessee must have legal custody and control of the aircraft for the term of the lease agreement.
- The lessor must not dispose of any interest in the aircraft for the term of the lease agreement.
- The lease agreement must include the list of persons to be transported on behalf of the lessor.
- The lessee must inform the Minister of Transport within 14 days when there is any change to the list of persons to be transported.
- The lessee must have the aircraft type on its Air Operator Certificate.
- The aircraft when operated under this exemption cannot be operated by a sub-lessee.
- The lease agreement must give a description of the aircraft by model designation, serial number, registration marks.
- The aircraft must be maintained at all times pursuant to Subpart 704 of the CARS.
- This exemption is issued pursuant to the terms of the lease agreement between Domtar Inc. as lessor and Avionair Inc. as lessee.
- The lessee must provide a copy of this lease agreement to the Minister of Transport to be kept on record.
- A copy of this exemption and an up-to-date list of persons to be transported on behalf of the lessor must be carried in the aircraft journey log-book.
This exemption is in effect until the earliest of the following:
- December 1, 2003;
- The date on which the lease agreement is breached or canceled;
- The date on which one of the conditions set out in the exemption is breached;
- The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; 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.
Dated at Montreal, Quebec, this 17th day of January 2002, on behalf of the Minister of Transport.
Regional Director, Civil Aviation
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