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 is not likely to affect aviation safety, I hereby exempt all foreign air operators from the requirements set out in subsection 701.02(2) and paragraph 701.21(a) of the Canadian Aviation Regulations subject to the following 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 701.21(a) states that for the purposes of subsection 602.128(4), a person may conduct a CAT II or CAT III precision approach in an IFR aircraft, 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 holds a valid authorization or equivalent document issued by the state of the foreign air operator to conduct a CAT II or CAT III precision approach in Canada.


The purpose of this exemption is to allow foreign air operators to conduct Instrument Approaches – Category II and Category III at Canadian airports, without being the holder of a Canadian Foreign Air Operator Certificate. This exemption applies to foreign air operators when landing in Canada below published landing minima in the event of a flight diversion, a landing due to technical reasons, or for refueling purposes.


This exemption shall be subject to the following conditions:

  1. No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory; and
  2. Foreign air operators shall hold the appropriate Operations Specifications, Special Authorizations/Approvals from its Regulatory Authority.


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

  1. November 7, 2005 at 23:59 EST;
  2. the date on which any of the conditions set out in the Schedule of Conditions attached to this exemption are breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations, or related standards comes into effect; or
  4. 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.


Merlin Preuss
Director General
Civil Aviation


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