EXEMPTION FROM SECTION 700.03 AND PARAGRAPH 700.04(3)(b) OF THE CANADIAN AVIATION REGULATIONS AND SECTION 720.03 OF THE COMMERCIAL AIR SERVICE STANDARDS

From: Transport Canada

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 a person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a Specialty Air Service (SAS) in Canada in accordance with Chapter 12 and Annex I - Canada of the North American Free Trade Agreement (NAFTA), hereinafter referred to as the “air operator”, from the requirements set out in section 700.03 and paragraph 700.04(3)(b) of the Canadian Aviation Regulations (CARs) and section 720.03 of the Commercial Air Service Standards (CASS) subject to the conditions specified in this exemption.

Section 700.03 of the CARs requires that an air operator, prior to operating a SAS under NAFTA, obtain from the Minister an authorization to operate the service in accordance with section 720.03 of the CASS, and paragraph 700.04(3)(b) of the CARs which permits the air operator to hold an air operator certificate provided the requirements of Subpart 2 of Part VII of the CARs are met.

PURPOSE

The purpose of this exemption is to allow air operators who are eligible to operate a SAS in Canada under the NAFTA to conduct aerial work in Canada under the authority of a Foreign Air Operator Certificate – Free Trade Agreement (FAOC-FTA) rather than an authorization or air operator certificate as required by section 700.03 of the CARs.

Canada, the United Mexican States and the United States of America ratified the NAFTA on January 1, 1994.  The intent of the agreement, among other things, is to promote cross-border trade of SAS amongst the signatories of the Agreement.

“Specialty Air Services” is defined in Article 1213 of the NAFTA to include aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services and to exclude air carrier transportation.

Government officials from the three countries established the Trinational Specialty Air Services Steering Committee and Working Groups to discuss standards and regulations pertaining to SAS with a view to commencing an implementation process whereby SAS operations could be facilitated.

The Trinational Specialty Air Services Steering Committee and Working Groups adopted an agreement as to equivalent level of safety shared by all parties and designed new standards and procedures which are found in the NAFTA SAS, Phase II Report.

APPLICATION

This exemption applies only to a person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a specialty air service in Canada, in accordance with Chapter 12 and Annex I - Canada of the NAFTA.

CONDITIONS

This exemption is subject to the following conditions:

  1. The air operator shall hold a NAFTA SAS authorization issued by its respective national Civil Aviation Authority.

  2. The air operator shall include the following information with the application for a Canadian Foreign Air Operator Certificate – Free Trade Agreement (FAOC-FTA):

    1. the legal name and trade name of the company and address of the foreign air operator;
    2. a list of the types of SAS operations proposed in Canada;
    3. a list of special provisions required from the foreign air operator’s state of origin;
    4. the pilot(s) name(s), licence number(s) and type of licence held;
    5. the aircraft authorized for use in Canada listed by aircraft make, model, nationality and registration marks or numbers;
    6. the effective dates of operation, of which the date of termination is not to exceed one year from the date of issue;
    7. the base of operation of the foreign air operator in his country; and
    8. a copy of the Foreign Certificate of Authorization issued by the State of the foreign air operator; and

  3. The air operator shall hold aCanadian FAOC-FTA, which shall be valid for a maximum period of one year, unless amended, suspended or revoked.

VALIDITY

This exemption is valid until the earliest of

  1. the date on which any of the conditions set out in this exemption is breached;
  2. the date on which the following comes into effect:
    1. the deletion of section 700.03 of the CARsand section 720.03 of the CASS,
    2.  the amendment of subsection 700.04(3)  of the CARs, and
    3. the promulgation of Subpart 707 of the CARs and Subpart 727 of the CASS; or
  3. the date on which the exemption is canceled 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, Canada this 1st day of December 2006, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

M.R. Preuss
Director General
Civil Aviation

 

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