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 where the flights are conducted on behalf of charitable, not-for-profit organizations.

Subsection 700.02(1) 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 AOC 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 is a volunteer for the charitable organization and the flight is 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 are restricted to person(s) requiring medical care and parent(s) or guardian(s).

VALIDITY

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

  1. August 31, 2007 at 23:59 EDT;
  2. the date on which an amendment to the specific regulatory provisions or associated standards of the Canadian Aviation Regulations relating to this exemption come into effect; 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.

EXEMPTION CANCELLATION

The exemption from the application of Subsection 700.02(1) of the Canadian Aviation Regulations (CARs) issued to Angel Flight of British Columbia, Registered Charitable Corporation (#S-42900), P.O. Box 2623, Sidney, British Columbia, V8L 4C1, Canada on the 21st day of February, 2005, at Ottawa by the Director General Civil Aviation on behalf of the Minister of Transport is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Canada, this 1st day of May 2006, on behalf of the Minister of Transport.

Original signed by Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

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