EXEMPTION FROM SUBSECTION 202.42(1), PARAGRAPH 700.05(1)(b) AND SUBSECTIONS 706.09(1) AND (2) OF THE CANADIAN AVIATION REGULATIONS

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 not likely to affect aviation safety, I hereby exempt persons, pilots-in-command and the Canadian air operator when operating the non-Canadian Type Certificated Mi-26T helicopter from the requirements of subsection 202.42(1), paragraph 700.05(1)(b) and subsections 706.09(1) and (2) of the Canadian Aviation Regulations (CARs) subject to the following conditions. 

The above provisions are detailed in Appendix A to this exemption.

In this exemption:

“Purpose built equipment” means that equipment that has been specially designed, or modified, to take advantage of the unique lift capacity of the Mi-26T helicopters used for: exploration, development, and associated production activities, associated with the: resource, petroleum, and natural gas sectors in Northern Canada.

PURPOSE

The purpose of this exemption is to:

  • Allow Canadian air operators to operate non-Canadian Type Certificated Mi-26T helicopters under subparts 702 and 703 (cargo only) of the CARs. 
  • Allow Canadian air operators to permit Russian air operators, authorized by the Minister, to perform maintenance on the Mi-26T helicopters where the Minister has not approved the maintenance program.
  • Allow Canadian air operators to exercise operational control of Mi-26T helicopters, without adversely impacting Canadian commercial operations utilizing Canadian Type Certificated aircraft when:
    1. Internally or externally transporting purpose built equipment and support equipment directly related to that purpose built equipment;
    2. Internally or externally transporting any article within a load other than those described in item #1 above;
      • Weighing in excess of 25,000 pounds; or
      • Weighing more than 10,000 pounds but less than 25,000 pounds when no Canadian Type Certificated aircraft is available within 30 days of the planned lift or capable of transporting that article; or
    3. Conducting activities for the purposes of saving property or preserving human life, or operating as requested by any Province, Territory or Municipality or other local governments that is under a declared state of emergency when no other Canadian Type Certificated aircraft and no equivalent alternate means of transportation is available.

APPLICATION

This exemption applies to a Canadian air operator retaining operational control of one or more Mi-26T helicopters pursuant to a contractual agreement with a Russian air operator who has been authorized by the Minister.  The Mi-26T helicopter(s) shall remain registered in Russia and the authorized Russian air operator shall retain legal custody and control of the aircraft, and provide flight crewmembers and maintenance services for the aircraft.

CONDITIONS

This exemption is subject to the following conditions:

The Canadian air operator shall:

  1. Operate the Mi-26T as an integral part of its fleet under subparts 702 – Aerial Work and 703 – Air Taxi (cargo only) of the CARs;
  2. Utilize the Mi-26T to transport purpose built equipment and its support equipment used for exploration, development, and associated production activities, associated with the: resource, petroleum, and natural gas sectors in Northern Canada;
  3. When transporting loads not described in condition # 2:
    1. Utilize the Mi-26T to transport any article within a load either internally or externally; weighing more than 10,000 pounds but less than 25,000 pounds when no Canadian Type Certificated aircraft is available within 30 days of the planned lift or capable of transporting that article.  With a system acceptable to the Minister, the Canadian air operator shall retain adequate documentation attesting that no Canadian Type Certificated aircraft were available or capable of transporting those articles.  That documentation shall be made available in a timely fashion upon the request of the Minister;
    2. Utilize the Mi-26T to transport any article within a load either internally or externally weighing in excess of 25,000 pounds;
  4. Utilize the Mi-26T to conduct activities required to save property or human life, or operate as requested by any Province, Territory or Municipality that is under a declared state of emergency within that jurisdiction, when no other Canadian Type Certificated aircraft and no equivalent alternate means of transportation is available;
  5. Implement and maintain a Safety Management System in accordance with a plan approved by the Minister;
  6. Operate the Mi-26T helicopters in weather minima of no less than 500 feet ceiling and ½ statute mile visibility, for day VFR operations in uncontrolled airspace, provided that the Mi-26T pilots comply with the Commercial Air Service Standards (CASS);
  7. Obtain and retain from the authorized Russian air operator or other authorized entity exercising control of the aircraft, a certificate of insurance for liability coverage in the amount of $50,000,000 (fifty million) Canadian dollars, valid for the full duration of the validity period of this ministerial exemption;
  8. Ensure that the authorized Russian air operator holds a valid Russian air operator certificate and maintenance certificate or equivalent documents, as well as documentary proof that the applicable maintenance requirements above have been met; and
  9. Ensure that the authorized Russian air operator qualifies the approved Russian Company Check Pilot as it would qualify a Canadian Check Pilot.

The Canadian air operator shall not:

  1. Transport on board passengers, or persons who are not flight crewmembers unless that flight or series of flights is for the purpose of preserving human life;
  2. Adversely affect fixed and rotary wing air operators by transporting articles within a load, when Canadian Type Certificated fixed and rotary wing aircraft are available and capable of carrying any article of such loads unless those articles are purpose built or support equipment related to the purpose built equipment; and
  3. Operate the Mi-26T helicopter over built-up areas not directly associated with the operation except for transiting to and from a maintenance base.

VALIDITY

This exemption is in effect from 00:01 MDT on May 16, 2009 until the earliest of:

  1. 23:59 MST November 16, 2010;
  2. The date on which the Canadian certification process of the Mi-26 helicopter is completed or curtailed;
  3. The date on which the authorization of the Russian air operator is withdrawn by the Minister;
  4. The date on which the contractual agreement between the Canadian air operator and the Russian air operator is terminated;
  5. The date on which any of the conditions set out in this exemption is breached; or
  6. 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 is likely to affect aviation safety.

 

Dated at Ottawa, Ontario, Canada this 19th day of _February, 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

“Original signed by” Martin Eley (for)

Merlin Preuss
Director General
Civil Aviation

 

APPENDIX A

SECTIONS OF THE CARs

Subsection 202.42(1) states that subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless

  1. the foreign state is a contracting state;
  2. the operator of the aircraft is
    1. the foreign state,
    2. an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or
    3. an entity that is incorporated or otherwise formed under the laws of the foreign state; and
  3. if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada
    1. in accordance with an air operator certificate, or
    2. in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.

Paragraph 700.05(1)(b) states that no Canadian air operator shall operate an aircraft in a commercial air service unless in the case of an aircraft registered in another contracting state, the Minister has authorized its operation under Part II and, where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

Subsection 706.09(1) states that no air operator shall permit a person or organization to perform maintenance on the air operator's aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and

  1. the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to Section 573.02 with a rating in a category applicable to the maintenance to be performed;
  2. where the maintenance is to be performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to Section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or
  3. in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

Subsection 706.09(2) states that an air operator shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1)

  1. specifies the maintenance required and clearly defines the tasks to be performed; and
  2. is made in accordance with the procedures governing maintenance arrangements included in the MCM or is approved by the Minister as being in conformity with these Regulations.
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