EXEMPTION FROM SUBSECTION 605.03(1)(b) AND 602.07(b) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act and after having determined that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Balon's Aerial Spray Ltd., 632 East Place, Saskatoon, Saskatchewan, S7J 2Z3 from the requirement set out in subsection 605.03(1)(b) and 602.07(b) of the Canadian Aviation Regulations, subject to the following conditions. These provisions require that the air operator operate the aircraft in accordance with the conditions set out in the flight authority and in accordance with the aircraft operating limitations.

Purpose

The purpose of this exemption is to allow agricultural aeroplanes to engage in special purpose operations for the aerial dispersion of jettisionable cargo.

Application

This exemption applies to Ayres S2R-R1820 , registered C-FBLT, serial number RI 820-007DC, aircraft, when operated by Balon's Aerial Spray Ltd. in it's aerial application operations under Air Operator Certificate Number 9205.

Conditions

This exemption is subject to the following conditions:

  1. An evaluation of a representative aeroplane type which will be used in the aerial application operations must be conducted in accordance with the procedures set out in ACSI 26 to determine the suitable aeroplane operating limitations at the higher weights.
     
  2. The aeroplane limitations determined by this evaluation must be contained in the Operating Manual Supplement for the aeroplane.
     
  3. The aeroplane must then be operated in accordance with the aeroplane limitations set out in the Operating Manual Supplement for the aeroplane.
     
  4. The basic aircraft Operating Manual will apply for those procedures not addressed in the aeroplane's Operating Manual Supplement.
     
  5. The aeroplane is clearly and legibly marked "RESTRICTED" near each entry door.
     
  6. No cargo shall be carried in flight other than the material being dispersed.
     
  7. When in overweight condition, the aeroplane must not take-off or land while commercial passenger operations are being conducted at the same airport.
     
  8. The Pilot's Declaration contained in Attachment "A" (Operating Manual Supplement) must be entered in the aircraft journey logbook.
     
  9. A copy of this exemption must be attached to the Special Certificate of Airworthiness issued for each aeroplane listed herein.
     
  10. Ferry flights may be conducted to reposition the aircraft. Such flights must be conducted in accordance with the limitations of the basic aircraft flight manual.
     
  11. The Maintenance Schedule required by subsection 605.86 of the Canadian Aviation Regulations shall also include a special structural inspection of the airframe to take into account the effect of the overweight operation on life limited structural elements.

Validity

This exemption is in effect until the earliest of:

  1. the date on which any condition set out in this exemption is breached; or
  2. the date on which an amendment to an appropriate provision of the CARs and related standards of airworthiness where operational limitations for restricted category aircraft in aerial application operations come into effect; or
  3. 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.

DATED at Winnipeg, Manitoba the 2nd day of August, 2005, on behalf of the Minister of Transport.

R. Beebe
Regional Director General Civil Aviation
Prairie and Northern Region

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