EXEMPTION FROM SECTION 107.02, PARAGRAPH 700.09(1)(i), SECTION 705.154 AND SECTION 706.15 OF THE CANADIAN AVIATION REGULATIONS

Whereas the applicant for this exemption has completed Phase One of the Safety Management System (SMS) implementation program outlined in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343) and its Accountable Executive has submitted the signed statement required by CAR 106.02(1)(c);

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 Metro Airlines Inc., of 1000 Air Ontario Dr., Suite #2, London, province of Ontario, N5V 5K2, holder of Air Operator Certificate (AOC) No. 9829, from the requirements set out in Section 107.02, paragraph 700.09(1)(i), Section 705.154 and Section 706.15 of the CARs, subject to the conditions stated herein.

Section 107.02 of the CARs requires the Air Operator to establish, maintain and adhere to a safety management system (SMS).

Paragraph 700.09(1)(i) of the CARs requires the Air Operator to conduct reviews of the SMS to determine its effectiveness.

Section 705.154 of the CARs requires the Air Operator who also hold an AMO certificate to adhere to the requirements referred to in section 573.30 with respect to a safety management system when undertaking maintenance control activities under Subpart 706.

Section 706.15 of the CARs requires the Air Operator to adhere to the requirements set out in section 705.151 or section 705.154 with respect to a safety management system for all maintenance control activities performed under Subpart 706.

PURPOSE

The purpose of this exemption is to enable Canadian Metro Airlines Inc., Air Operator Certificate # 9829 approved April 20, 2006, to introduce a safety management system in an orderly manner and without disruption of their normal operations, by following the SMS implementation program published by the Minister in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343).

APPLICATION

This exemption applies to Canadian Metro Airlines Inc., of 1000 Air Ontario Dr., Suite #2, London, province of Ontario, N5V 5K2, holder of Air Operator Certificate No. 9829 approved April 20, 2006, under section 705.07 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. As Canadian Metro Airlines Inc. is also the holder of an AMO Certificate Number 43-04 for an organization that maintains its aircraft operated under CAR 705, the authority and responsibilities of the AOC’s Maintenance Manager shall be transferred to the person responsible for maintenance (PRM) of the AMO;
  2. Canadian Metro Airlines Inc. shall continue to comply with all procedures documented in the company operations manual and maintenance control manual as they stood on the date preceding the coming-into-force date of the SMS regulations, until such time these manuals are amended in accordance with the respective phases of the SMS implementation program;and
  3. Canadian Metro Airlines Inc. shall complete the following actions within the time periods indicated below:
    1. Before September 30, 2006, correct any deficiencies in the project plan submitted as part of Phase One, that have been identified by Transport Canada and complete Phase Two of the SMS implementation program;
    2. Before September 30, 2007, complete Phase Three of the SMS implementation program in accordance with the project plan; and
    3. Before September 30, 2008, complete Phase Four of the SMS implementation program in accordance with the project plan.

VALIDITY

This exemption is in effect until the earliest of:

  1. 23:59 EDT on September 30, 2008;
  2. The date on which any of the conditions set out in this exemption is breached; or
  3. The date on which this exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 25th day of April 2006, on behalf of the Minister of Transport,

Original signed by Franz Reinhardt for

Merlin Preuss
Director General
Civil Aviation

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