EXEMPTION FROM PARAGRAPHS 705.34 (1)(a) AND 705.34(3)(b) OF THE CANADIAN AVIATION REGULATIONS AND SUBPARAGRAPHS 725.34 (1)(b)(i) and 725.34 (2)(b)(i) OF THE COMMERCIAL AIR SERVICE STANDARDS

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 Labrador Airways Limited, PO Box 13485, Station A, St. John’s, NL, A1B 4B8, operating under Part VII, Subpart V of the Canadian Aviation Regulations (CARs), from the requirements of Paragraph 705.34 (1)(a) and of paragraph 705.34(3)(b) of the CARs that the operation meet the standards set out in subparagraphs 725.34 (1)(b)(i) and 725.34(2)(b)(i) of the Commercial Air Service Standards (CASS).  This exemption is subject to the following conditions:

PURPOSE

Paragraph 705.34(1)(a) of the CARs prohibits the conduct of a take-off in a twin-engined aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, unless an alternate aerodrome is specified in the operational flight plan and that aerodrome is located within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed.

Paragraph 705.34(3)(b) of the CARs permits a person to conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person is authorized to do so in an air operator certificate and the person complies with the CASS.

The purpose of this exemption is to allow the air operator, Labrador Airways Limited, to depart from St. John’s Newfoundland using the Deer Lake, Newfoundland or the Stephenville, Newfoundland airports as takeoff alternates, when the weather at Gander, Newfoundland airport is not suitable for it to be used as a take-off alternate, without having to meet the requirements of paragraphs 705.34(1)(a) or 705.34(3)(b) of the CARs and subparagraph 725.34(1)(b) or subparagraph 725.34(2)(b)(i) of the CASS, in accordance with the application, below.       

APPLICATION

Take-off where weather conditions are at or above the take-off minima (705.34(1)(a)) but below the landing minima

The exemption from paragraph 705.34(1)(a) applies to DH-8 model aircraft, when operated by Labrador Airways Limited from the St. John’s airport under Subpart 705 of the CARs, pursuant to it’s Air Operator Certificate Number 2961.

Take-off in IMC where weather conditions are below the take-off minima (705.34(3)(b) and 725.34(1)(b)(i) or 725.34(2)(b)(i))

The exemption from paragraph 705.34(3)(b) of the CARs with respect to subparagraphs 725.34(1)(b)(i) and 725.34(2)(b)(i) of the CASS applies to DH-8 model aircraft, when operated by Labrador Airways Limited from St. John’s airport under Subpart 705 of the CARs, pursuant to it’s Air Operator Certificate Number 2961.

CONDITIONS

This exemption is subject to the following conditions:

  1. A copy of this exemption shall be carried on board the aircraft;
  2. Labrador Airways Limited shall comply with all other requirements of its air operator certificate, operations specifications, and applicable CARs and CASS.
  3. Only Deer Lake, Newfoundland or the Stephenville, Newfoundland airports shall be used as take-off alternates.
  4. The weather forecast for the expected time of arrival at the Deer Lake, Newfoundland airport or the Stephenville, Newfoundland airport shall be equal to or better than the applicable alternate minimum, as set out in the Canada Air Pilot, plus an additional 100 feet in the case of Deer Lake, and an additional 300 feet in the case of Stephenville.
  5.  The aircraft shall be able to fly to the applicable take-off alternate in no more than 90 minutes at the one-engine-inoperative cruise speed. 

VALIDITY

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

  1. 24:00 Newfoundland Daylight Time on November 1, 2006;
  2. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect;
  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 he is of
    the opinion it is no longer in the public interest or is likely to affect aviation safety.

Dated at Moncton, New Brunswick, this 20th day of April, 2005, on behalf of the Minister of Transport.

Original Signed by Arthur Allan

A.W. Allan
Acting Regional Director
Civil Aviation
Atlantic Region

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