EXEMPTION FROM SECTION 202.07 OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act and after having determined that this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Canadian aircraft manufacturers from the requirements of section 202.07 of the Canadian Aviation Regulations (CARs), subject to the following conditions.

The requirements of section 202.07 of the CARs are detailed in Appendix A to this exemption.

Purpose

The purpose of this exemption is to allow Canadian aircraft manufacturers, manufacturing aircraft at facilities located outside Canada, to obtain marks for the purpose of production test flights, customer acceptance flights, performance flight tests or flights undertaken to complete the manufacturing process or to export the aircraft, without obtaining an authorization issued by the Minister in accordance with subsection 202.14(1) of the CARs.

Application

This exemption applies to the Canadian aircraft manufacturers (hereinafter "manufacturers") that are manufacturing aircraft at facilities located outside Canada in accordance with the pertinent Canadian approval to manufacture aeronautical products.

Conditions

This exemption is subject to the following conditions:

  1. The manufacturer has been authorized by the Minister to extend its manufacturing activities, pursuant to the applicable manufacturer certificate issued in accordance with the pertinent Canadian approval, to facilities located outside Canada;
  2. Prior to the operation of the aircraft for the purpose described in condition 6, the manufacturer shall apply in writing for a written authorization from the Minister permitting the display of reserved registration marks;
  3. The aircraft shall be manufactured at a foreign facility;
  4. The manufacturer shall be the holder of a Canadian type certificate issued for the applicable aircraft type;
  5. In the event of any required modification that would result in a deviation from the approved type design, the manufacturer shall apply for and receive the approval from the Minister to embody any such modification;
  6. The aircraft shall be operated by the manufacturer for the purposes of
    1. a production test flight,
    2. a performance flight test,
    3. a customer acceptance flight, or
    4. a flight undertaken to complete the manufacturing process or to export the aircraft;
  7. Prior to the operation of the aircraft for the purposes described in condition 6, the manufacturer shall reserve a registration mark in respect of each aircraft pursuant to subsection 202.02(1) of the CARs;
  8. The marks shall be displayed on the aircraft in accordance with condition 10;
  9. The manufacturer shall qualify to be the registered owner of a Canadian aircraft pursuant to section 202.15 of the CARs;
  10. The manufacturer shall
    1. affix the marks once to each side of the aircraft fuselage or cabin by a means, such as paint or decals, that
      1. ensures that the marks will not be detached or erased while the aircraft is in operation, and
      2. allows the marks to be removed after the operation;
    2. prior to the operation of the aircraft, inform the Minister in writing of
      1. the marks that have been affixed to the aircraft,
      2. the manufacturer's model designation, and
      3. the serial number of the aircraft; and
    3. after the completion of the operation of the aircraft for the purpose specified in this subsection,
      1. remove the marks, and
      2. notify the Minister in writing of their removal;
  11. For the purposes of condition 6, the Minister may reserve a block of marks for a manufacturer; and
  12. The manufacturer shall maintain compliance with the Canadian Aviation Regulations and shall comply with the provisions of any pertinent Canadian aviation document that has been issued pursuant to the Aeronautics Act.

Validity

This exemption is valid until the earliest of:

  1. EST at midnight January 31, 2007;
  2. the date on which any condition specified in the exemption is not complied with;
  3. the date on which an amendment made to the applicable regulatory provisions of the Canadian Aviation Regulations comes into effect; or
  4. the date on which the exemption is cancelled 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, on the 25th day of January, 2005, on behalf of the Minister of Transport.

 

Original signed for

 

Merlin Preuss
Director General
Civil Aviation

APPENDIX A

CAR 202.07

Use of Marks Assigned to a Manufacturer

202.07 (1)

Where a manufacturer operates an aircraft within Canada for the purpose of a production test flight, a customer acceptance flight or a flight undertaken to complete the manufacturing process or to export the aircraft, in accordance with an authorization issued by the Minister pursuant to subsection 202.14(1), the manufacturer shall

 

  1. affix the marks once to each side of the aircraft fuselage or cabin by a means, such as paint or decals, that
    1. ensures that the marks will not be detached or erased while the aircraft is in operation, and
    2. allows the marks to be removed after the operation;
  2. prior to the operation of the aircraft, inform the Minister in writing of
    1. the marks that have been affixed to the aircraft,
    2. the manufacturer's model designation, and
    3. the serial number of the aircraft; and
  3. after the completion of the operation of the aircraft for the purpose specified in this subsection,
    1. remove the marks, and
    2. notify the Minister in writing of their removal.

(2)

For the purposes of subsection (1), the Minister may reserve a block of marks for a manufacturer.

 

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