EXEMPTION TO SUBSECTION 700.02(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautic 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 persons who conduct flights for hire or reward from the requirements of subsection 700.02(1) of the Canadian Aviation Regulations (CARs) where the flights are conducted on behalf of charitable, not-for-profit organizations.

Subsection 700.02(1) of the CARs states that no person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.

PURPOSE

The purpose of this exemption is to allow air transport services that were exempted from the requirement to hold an Air Operator Certificate prior to the CARs coming into force in 1996 to continue to be conducted.

CONDITIONS

This exemption is issued subject to the following conditions:

  1. the person conducting the flight shall be a volunteer for the charitable organization and the flight shall be undertaken for the purpose of transporting passengers to a facility where they can obtain medical care;
  2. reimbursement for the operation exempted shall be limited to costs for fuel, oil and fees charged against the aircraft in respect of the flight or provided on a mileage basis; and
  3. passengers shall be restricted to person(s) requiring medical care and person(s) accompanying them to watch over their welfare.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. the date on which an amendment to the specific regulatory provisions or associated standards of the CARs relating to this exemption come into effect;
  2. the date on which any condition set out in this exemption is breached; or
  3.  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, Ontario (Canada), this 28th day of August 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Franz Reinhardt
for

M.R. Preuss
Director General
Civil Aviation

Date de modification :