EXEMPTION FROM SUBSECTION 602.157(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to section 602.160 of the Canadian Aviation Regulations (CARs), I hereby exempt Falconbridge Limited, 2450 Derry Rd. E. Hgr. 1, Mississauga Ontario, L5S 1B2 from the requirements set out in subsection 602.157(1) of the CARs subject to the conditions listed below.

Subsection 602.157(1) states that every operator that reported an original base level to the Minister, shall ensure that:

  1. on the compliance date set out in column I of each item of Table 1 to this Section, the number of Chapter 2 aeroplanes in the operator's fleet, expressed as a percentage of base level, is equal to or less than the percentage set out in column II of that item; or
  2. on the compliance date set out in column I of each item of Table 2 to this Section, the number of Chapter 3 aeroplanes in the operator's fleet, expressed as a percentage of the fleet, is equal to or greater than the percentage set out in column II of that item.

Purpose

The purpose of this exemption is to allow Falconbridge Limited to operate one (1) Chapter 2 gravel equipped aeroplane for northern operations in accordance with section 602.161 of the CARs.

Application

The exemption applies to Falconbridge Limited when operating one (1) Chapter 2 gravel equipped aeroplane under CBAA POC #2003-006-E for its northern operations. Specifically, the aircraft to which this exemption applies to is:

  • B737-210 Aircraft Registration: C-GJLN  Serial Number 19594

Conditions

This exemption is subject to the following conditions:

  1. The aircraft specified in this exemption shall serve only the northern communities of Kattiniq/Donaldson (TP9), Kuujjuaq (YVP), Iqaluit (YFB), La Grande Rivière (YGL) and Kuujjuarapik (YGW);
    1. Falconbridge Limited shall not take-off or land the aircraft at any aerodrome that is south of the designated area, as defined in Appendix “A” hereto except for the following:
    2. Toronto-Lester B. Pearson International Airport (YYZ);
    3. Montréal-Dorval International Airport (YUL);
    4. Rouyn-Noranda Airport (YUY);
    5. Montréal-Mirabel International Airport (YMX);
    6. Quebec City (YQB);
    7. Val d’Or (YVO);
    8. London (YXU);
    9. Timmins (YTS);
    10. Hamilton (YHM);
    11. North Bay (YYB);
    12. Sudbury (YSB);
    13. Ottawa (YOW);
  2. Falconbridge Limited shall be in continued compliance with section 602.161 of the CARs;
  3. The aircraft specified in this exemption shall be equipped for operations on gravel runways; and
  4. A copy of this exemption shall be carried in the journey log book of the aircraft   specified in this exemption.

Validity

This exemption is valid until the earliest of:

  1. 23:59 EST on May 31, 2005;
  2. The date on which an amendment to the relevant sections of the CARs comes into effect;
  3. The date on which any condition specified in the exemption is not complied with; or
  4. The date on which the exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest or it is likely to affect aviation safety.

The exemption from subsection 602.157(1) of the CARs issued to Falconbridge Limited on July 17, 2003, at Ottawa, by the Director General, Civil Aviation, on behalf of the Minister of Transport, is hereby canceled because it is in the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, on the 12th day of October, 2004 on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation


APPENDIX “A”

“Designated Area” means that part of Canada north of a line described as follows:

  1. commencing on the point of intersection of the Atlantic coast of Canada with the 50th parallel;
  2. thence west along the 50th parallel to the point of intersection of that parallel with the border of Ontario and Manitoba;
  3. thence northwesterly along a straight line drawn from the intersection of the 50th parallel with the border of Ontario and Manitoba to the intersection of the 53rd parallel with the border of Manitoba and Saskatchewan; and
  4. thence northwesterly along a straight line drawn from the intersection of the 53rd parallel with the border of Manitoba and Saskatchewan to the intersection of the 55th parallel with the border of Saskatchewan and Alberta and thence west along the 55th parallel to the Pacific coast of Canada.

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