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 JAT Airways, Bulevat Umetnosti 16, 11070 Novi Beograde, Serbia and Montenegro (Canadian Foreign Air Operator Certificate # 9252) from the requirements set out in Section 602.152 of the Canadian Aviation Regulations (CARs) subject to the following conditions.

Section 602.152 of the CARs states that after April 1, 2002, no person shall operate an aeroplane to or from an aerodrome in Canada unless the aeroplane is a Chapter 3 aeroplane; has a MCTOW of less than 34 000 kg (74,956 pounds); or is operated pursuant to an exemption issued under Section 602.159 or 602.160.


The purpose of this exemption is to allow the JAT Airways, Bulevat Umetnosti 16, 11070 Novi Beograde, Serbia and Montenegro to operate one DC-9 aeroplane that will conduct one (1) landing and one (1) takeoff at Goose Bay or Iqaluit using a Chapter 2 aeroplane. The aeroplane will be positioned to Port of Spain, Trinidad to operate a wet (ACMI) lease on behalf of British West Indies Airways (BWIA).


The exemption applies to JAT Airways when operating the following aeroplane:

  • Aircraft DC-9-32 Registration YU-AJI, Serial number: 47563

    JAT Airways, Bulevat Umetnosti 16, 11070 Novi Beograde, Serbia and Montenegro holds Canadian Foreign Air Operator Certificate # 9252 authorizing DC-10 operations. Transport Canada will issue an Overflight Technical Stop Authorization on August 3, 2004 allowing the DC-9 operation referred to in this exemption.


This exemption is subject to the following conditions:

  1. JAT Airways

shall operate the aircraft only for the purpose of fuelling for positioning purposes;

  • JAT Airways
  • shall conduct the landing and takeoff at Goose Bay or Iqaluit;
  • JAT Airways
  • shall operate the aircraft in accordance with the noise abatement procedures and restrictions in force at the airport utilized, Goose Bay or Iqaluit;
  • JAT Airways shall conform to Canadian Aviation Regulation CAR 701.03(1) when conducting an overflight in Canadian airspace or performing a technical landing in Canada; and
  • A copy of this exemption shall be carried on board the aeroplane at all times during the operation.


This exemption is valid until the earliest of:

  1. 23.59 EDT on August 8, 2004;
  2. The date on which any condition specified in the exemption is breached; or
  3. 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 3rd day of August 2004, on behalf of the Minister of Transport.


Merlin Preuss
Director General
Civil Aviation

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