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, I hereby exempt Discover Air Defence Services (hereinafterDiscovery Air”), 52 Hymus Blvd, Suite 200, Pointe Claire, QC, H9R 1C9  from the requirement set out in paragraph 700.02(2)(a) of the Canadian Aviation Regulations subject to the following conditions.

Paragraph 700.02(2)(a) stipulates that “subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving (a) the carriage on board of persons other than flight crew members;”


This exemption authorizes Discovery Air to carry passengers on behalf of not-for-profit fundraising organizations and recover their operating costs associated with the fundraising flights.


This exemption applies to Discovery Air while operating in the Canadian airspace in the context of fundraising activities sponsored by not-for-profit fundraising organizations.


This exemption is subject to the following conditions:

  1. Discovery Air shall at all times comply with all relevant Parts of the Canadian Aviation Regulations not specifically exempted from in this exemption.
  2. Discovery Air shall conduct the carriage of persons in accordance with Top Aces (currently known as Discovery Air) Reference Maintenance Control Manual, Appendix F, Passenger Security Briefing.
  3. Discovery Air shall conduct the carriage of persons in accordance with Discovery Air Defence Services “Carriage of Persons document including Passenger Back Seat Information Form.”
  4. The “carriage of persons” for not-for-profit fundraising organization flights must be restricted to departure and landing at the same airport.  
  5. Aeroplanes conducting such not-for-profit fundraising flights must be limited to reimbursement of costs for fuel, oil and fees charged against the aeroplane in respect of the flight or must be provided on a mileage basis.
  6. Discovery Air shall not engage in the transportation of passengers on a unit toll (fare per person), point-to-point basis.


This exemption is to be valid until the earliest of the following:

  1. December 31, 2018 at 23:59 EST;
  2. the date on which any of the conditions set out in this exemption is breached;
  3. the date on which this exemption is cancelled by the Minister in writing where she is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada on this 20th day of March 2015 on behalf of the Minister of Transport.

“Original signed by”

Martin Eley
Director General
Civil Aviation

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