EXEMPTION FROM SUBSECTION 202.35(1) OF THE CANADIAN AVIATION REGULATIONS

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 Avialta Helicopters Ltd., R.R. 1, Site #6, Box #5, St. Albert Airport, St. Albert, Alberta, T8N 1M8 from the requirement set out in subsection 202.35(1) of the Canadian Aviation Regulations (CARs) that where the registered owner of a Canadian aircraft transfers any part of legal custody and control of the aircraft, the Certificate of Registration of the aircraft is cancelled, subject to the following conditions.

Purpose

The purpose of this exemption is to allow the transfer by Avialta Helicopters Ltd., as registered aircraft owner of one Bell 206B helicopter, of legal custody and control of the aircraft to the Department of National Defence without the Certificate of Registration being cancelled.

Application

This exemption applies only when the aircraft identified herein is in the legal custody and control of the Department of National Defence during military operations in accordance with the terms and conditions of the Helicopter Dry Lease contract.

This exemption applies specifically to one Bell 206B helicopter, with marks C-GBXK, for the duration of the Dry Lease Contract.

Conditions

  1. The Helicopter Dry Lease Contract (and incorporated documents) form part of this exemption (attached as Appendix 1).
  2. All terms and conditions of the Dry Lease Contract made between Avialta Helicopters Ltd. and the Department of National Defence, Contract Number W3999-7-E045/002/WPG, must be met and maintained throughout the validity period of this exemption.
  3. 3. A copy of this exemption must be attached to the Certificate of Registration for the aircraft.

Validity

This exemption is in effect until the earliest of:

  1. EST at midnight on March 31, 2000;
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which the Helicopter Dry Lease contract is amended, terminated or expires;
  4. the date on which the registration of the aircraft is cancelled or suspended; or
  5. the date on which this exemption is cancelled, in writing, by the Minister 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 7th October 1999, on behalf of the Minister of Transport.

A. Laflamme
Director General
Civil Aviation

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