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 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 following conditions.
Provision 700.03 requires that an air operator, prior to operating the service, obtain from the Minister an authorization to operate the service in accordance with section 720.03 of the Commercial Air Service Standards (CASS) and be a holder of an air operator certificate (700.04(3)b)) pursuant to Subpart 2 of Part VII of the CARs in accordance with section 722.07 (issuance or amendment of an Aerial Work Air Operator Certificate) of the CASS.
The purpose of this exemption is to allow air operators who are eligible to operate a specialty air service (hereinafter "SAS") in Canada under the North American Free Trade Agreement (herinafter "NAFTA") to conduct aerial work in Canada without having to obtain either an authorization from the Minister, nor the issuance of an air operator certificate, as required by the Commercial Air Service Standards made pursuant to the Canadian Aviation Regulations.
The NAFTA was ratified by Canada, the United Mexican States and the United States of America 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 specialty air services 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 Specialty Air Services, Phase II Report.
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 North American Free Trade Agreement (NAFTA).
This exemption is subject to the following conditions:
- The air operator shall hold a North American Free Trade Agreement Specialty Air Service (NAFTA SAS) authorization issued by its respective national Civil Aviation Authority (CAA).
- The air operator's NAFTA SAS authorization shall include the following information:
- the full legal and trade name of the company and full address of the air operator;
- the types of NAFTA operations authorized in Canada;
- the information and provisions that result from the requirements set out in the checklist of conditions found from page 7 through 13 inclusive of the NAFTA Specialty Air Services, Phase II Report;
- a list of special provisions required from the air operator's state of origin;
- the pilot(s) name(s), licence number(s) and type of licence held;
- the aircraft authorized for use listed by aircraft make, model, nationality and registration marks or numbers; and
- the effective dates of operation; the date of termination not to exceed one year from the date of issue.
- The air operator shall hold a Canadian Foreign Air Operator Certificate - Free Trade Agreement (FTA).
This exemption is valid until the earliest of:
- 24:00 EST on February 1, 2005;
- the date on which any of the conditions set out in this exemption is breached;
- the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations and related Commercial Air Service Standards come into
- 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 5th day of August 2003, on behalf of the Minister of Transport.
- Date de modification :