Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and not likely to affect aviation safety, I hereby exempt all foreign air operators from the requirements set out in subsection 701.02(2), paragraph 701.20(a), and paragraph 602.126(1)(c) of the Canadian Aviation Regulations subject to the attached Schedule of Conditions.
Subsection 701.02(2) states that a person is not required to hold a Canadian Foreign Air Operator Certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20, or 701.21.
Paragraph 701.20(a) states that for the purposes of section 602.126, a person may conduct a take-off in an aircraft where weather conditions are below the take-off minima specified in the Canada Air Pilot, if in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards.
Paragraph 602.126(1)(c) states that no pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).
PURPOSE AND APPLICATION
The purpose of this exemption is to allow foreign air operators to operate to a "Take-off Minima - Reported Visibility RVR 1200 (1/4mile) at Canadian airports without being the holder of a Canadian Foreign Air Operator Certificate. This exemption applies only to foreign air operators operating turbine-powered aeroplanes when conducting a take-off in Canada below published take-off minima in the event of a flight diversion, a landing due to technical reasons, or for refueling purposes.
This exemption is in effect until the earliest of the following:
- November 7, 2005, 23:59 EST;
- the date on which any of the conditions set out in the Schedule of Conditions attached to this exemption are breached;
- the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations, or related standards comes into effect; or
- 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 it is likely to affect aviation safety.
Dated at Ottawa, Canada this 14th day of November , 2003, on behalf of the Minister of Transport.
EXEMPTION FROM SUBSECTION 701.02(2), PARAGRAPH 701.20(a), AND PARAGRAPH 602.126(1)(c) OF THE CANADIAN AVIATION REGULATIONS
SCHEDULE OF CONDITIONS
"Take-off Minima - Reported Visibility RVR 1200 feet (1/4 mile) Visibility"
This exemption shall be subject to the following conditions:
- the Company Operations Manual or applicable manual, shall contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance;
- the runway is equipped with serviceable and functioning high intensity runway lights or runway centre line lights or with runway centre line markings that are plainly visible to the pilot throughout the take-off run;
- the pilot-in-command is satisfied that the required RVR 1,200 feet (1/4 mile) visibility exists for the runway to be used before commencing take-off;
- The pilot-in-command and second-in-command attitude instruments (artificial horizons) on the aeroplane shall incorporate pitch attitude index lines in appropriate increments above and below reference line to at least 15 degrees, and be capable of ensuring ready depiction of total aeroplane attitude. The approved Failure Warning Systems which will immediately detect essential instrument and equipment failures or malfunctions shall be operative; and
- Foreign air operators shall hold the appropriate Operations Specification - Special Authorization/Approvals from its Regulatory Authority.
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