EXEMPTION FROM SUBSECTION 223.03 OF THE CANADIAN AVIATION REGULATIONS

EXEMPTION FROM SUBSECTION 223.03 OF THE CANADIAN AVIATION REGULATIONS

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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

WestJet Airlines Limited
230 Aviation Place NE
Calgary, Alberta
T2E 8X7

from the requirement set out in CAR Standard 223.03 which states in part:

"An application from a Canadian air operator for an authorization referred to in subsection 203.03(2) of the Canadian Aviation Regulations permitting the operation of a leased aircraft shall meet the following requirements:    . . .

(3) A Canadian Air Operator that is Operating under Part IV, VI or VII and that Leases an Aircraft Registered in a Foreign State

Evidence establishing that (a) the aircraft

(i) is of a type and model designation to be eligible for a Canadian certificate of airworthiness . . "

Purpose

The purpose of this exemption is to allow WestJet Airlines to operate Boeing 737­800 aircraft bearing US Registrations N3739P (s/n 30541) and N3740C (s/n 30800) when the serial numbers of these aircraft have not been included in Transport Canada Aircraft Type Certificate A-146 as evidence of their being of a type and model designation eligible for a Canadian certificate of airworthiness.
In addition, this exemption allows WestJet Airlines to operate these two aircraft with the captain's pitot heat wired in accordance with US Federal Aviation Administration type certificate A16WE instead of the Canadian Type Certificate A­146.

EXEMPTION FROM SUBSECTION 223.03 OF
THE CANADIAN AVIATION REGULATIONS

STANDARDS

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Application

This exemption applies to Boeing 737-800 aircraft bearing US Registrations N3739P (s/n 30541) and N3740C (s/n 30800) when they are being operated by WestJet Airlines under the applicable Transport Canada leasing authorization.

Conditions

This exemption is subject to the following conditions:

  1. WestJet is to demonstrate that they have applied to Boeing to have Canadian Type Certificate A-146 amended to include serial numbers 30541 and 30800.
  2. The aircraft are operated in accordance with your approved 737-800 operating manual and the conditions specified in the TCCA letter of May 24, 2002 to Mr. T. Morgan of WestJet (Subject: WestJet Temporary Operation of Boeing 737-800 Aircraft) with the exception that the validity period of the letter is extended to coincide with Validity condition (a) below.

Validity

This exemption comes into force July 24, 2002.
This exemption is valid until the earliest of the following:

  • midnight (MST) September 23, 2002;
  • the date on which the lease of the applicable aircraft by WestJet terminates.
  • the date on which any one of the conditions is not complied with; or
  • the date on which this exemption is canceled 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.

EXEMPTION FROM SUBSECTION 223.03 OF
THE CANADIAN AVIATION REGULATIONS
STANDARDS

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Dated at Edmonton, Alberta the 23rd day of July, 2002, on behalf of the Minister of Transport.

Roger Beebe
Regional Director, Civil Aviation Prairie & Northern Region
Phone: (780) 495-2509
Fax:       (780) 495-7963

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