EXEMPTION FROM SECTION 606.02 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt governments in Canada who are the registered owners of aircraft registered for State purposes, while they have legal custody and control of said aircraft, pursuant to subsection 202.17(3) of the Canadian Aviation Regulations (CARs) from the requirement set out in section 606.02 of the CARs requiring that aircraft owners subscribe for liability insurance in respect of the aircraft for risks of injury to or death of passengers, subject to the following conditions.

PURPOSE

The purpose of this exemption is to allow owners of aircraft that are in the legal custody and control of a government in Canada and that are registered as state aircraft pursuant to subsection 202.17(3) of the CARs to choose to operate an aircraft without liability insurance covering risks of injury to or death of passengers and liability insurance covering risks of public liability provided for by a private insurance company.

APPLICATION

This exemption applies to owners of aircraft that are in the legal custody and control of a government in Canada and that are registered as state aircraft pursuant to subsection 202.17(3) of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. Aircraft that are registered in Canada as state aircraft and that are owned by and exclusively used in the service of a government in Canada shall be operated with liability insurance covering risks of injury to or death of passengers and liability insurance covering risks of public liability provided for by that government.
  2. A copy of the Exemption along with a copy of the liability insurance as specified in condition 1 and provided by the state must be carried on board the aircraft registered as state aircraft of a government in Canada.

VALIDITY

This exemption will be valid commencing on May 31, 2004 at 23:59 EDT and until one of the earliest of the following:

  1. November 30, 2005 at 23:59 EST;
  2. the date on which any of the conditions set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or
  4. the date on which the exemption is cancelled by the Minister in writing where he 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 this 5th day of April, 2004, on behalf of the Minister of Transport.

Merlin Preuss
Director General
Civil Aviation

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