EXEMPTION FROM PARAGRAPH 700.02(2)(c) AND SECTION 702.02 OF THE CANADIAN AVIATION REGULATIONS

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 Phoenix Air Group Inc., 100 Phoenix Air Drive, Cartersville, Georgia, 30120, U.S.A., from the requirements set out in paragraph 700.02(2)(c) and section 702.02 of the Canadian Aviation Regulations, subject to the attached Schedule of Conditions.

Paragraph 700.02(2)(c) stipulates that no person shall operate an aeroplane or helicopter to conduct aerial work involving the towing of objects unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so.

Section 702.02 stipulates that no air operator shall operate an aircraft unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 702.07.

Purpose

The purpose of this exemption is to permit Phoenix Air Group Inc., while not being the holder of a Canadian Air Operator Certificate, to operate in Canada Learjet 36 type aircraft registered in the United States of America as N-56PA. This aircraft will be operated by Phoenix Air Group, to conduct low level target towing for the Department of National Defence. This target towing will take place in the warning areas east of Halifax, Nova Scotia, March 17-18, 2004.

Application

This exemption applies to Phoenix Air Group Inc., 100 Phoenix Air Drive, Cartersville, Georgia, 30120, U.S.A., Foreign Air Operator Certificate No. F-6004 when operating in Canada the following aircraft registered in the United States of America: Learjet 36, registration No. N-56PA for low level target towing.

Conditions:

This exemption is subject to the following conditions: see attached Schedule of Conditions.

Validity

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

  1. March 21, 2004 at 23:59 hours EST;
  2. the date on which any condition set out in the attached schedule of conditions is breached; or
  3. the date on which this exemption is cancelled in writing, by the Minister, where he is of the opinion it is no longer in the public interest, or that it is likely to affect aviation safety.

Dated at Ottawa, Canada this 16th  day of March 2004, on behalf of the Minister of Transport.

Merlin Preuss
Director General
Civil Aviation

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