EXEMPTION FROM PARAGRAPHS 704.07(2)(d) and 705.07(2)(e) OF THE CANADIAN AVIATION REGULATIONS

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 affect aviation safety, I hereby exempt Canadian air operators from the requirements set out in paragraphs 704.07(2)(d) and 705.07(2)(e) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraphs 704.07(2)(d) and 705.07(2)(e) of the CARs state that for the purpose of subsections 704.07(1) and 705.07(1) an applicant shall have, after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual.

Schedules A and G to this exemption outline the aircraft types that can be operated by Canadian air operators pursuant to this exemption.

PURPOSE

The purpose of this exemption is to allow Canadian air operators to operate, after January 1, 1997 and without a minimum equipment list or a generated minimum equipment list, aircraft of the types for which a master minimum equipment list has been established and which appear in the attached Schedule A or Schedule G.

APPLICATION

This exemption applies to a Canadian air operator operating an aircraft type listed in the attached Schedule A or Schedule G, and for which a master minimum equipement list has been established.

CONDITIONS

This exemption is subject to the following conditions:

1. No generated minimum equipment list has been established for the type of aircraft being operated pursuant to Schedule A or Schedule G to this exemption;
2. No minimum equipment list has been established for the types of aircraft being operated pursuant to Schedule A or Schedule G to this exemption;
3. No take-off shall be conducted in an aircraft with equipment that is not serviceable or that has been removed, except in accordance with sections 605.10 and 625.10 of the CARs;
4. A copy of this exemption shall be carried on board the aircraft of the type listed in either Schedule A-1 or Schedule G to this exemption and for which no minimum equipment list or generated minimum equipment list has been established.

Cancellation

The exemption from paragraphs 704.07(2)(d) and 705.07(2)(e) of the CARs, issued to Canadian air operators on January 10, 1997 on behalf of the Minister of Transport is hereby cancelled and superseded by this exemption because it is the opinion of the Minister that the 1997 exemption is no longer in the public interest or is likely to affect aviation safety.

VALIDITY

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

1. September 30^th 2010 at 11:59 EDT unless the air operator develops a Minimum Equipment List for the aircraft type being operated and is listed in Appendix A or G to this exemption and the Minimum Equipment List is submitted to the appropriate Transport Canada Regional Office for approval no later than September 30^th 2010;
2. where the Minimum Equipment List required in a) is submitted by September 30^th, 2010, August 31st, 2011 at 11:59 EDT;
3. the date on which any of the conditions set out in this exemption is breached; or
4. the date on which this exemption is cancelled in writing by the Minister where and is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 12 day of February, 2010 on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

Martin J. Eley
Director General
Civil Aviation

Date de modification :

2010-01-0