EXEMPTION FROM SUBSECTIONS 700.02(1) AND 701.02(1) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 adversely affect aviation safety, I hereby exempt Lynden Air Cargo, LLC of 6441 South Airpark Place, Anchorage Alaska, holder of Canadian foreign air operator certificate (CFAOC) #F-9150, from the requirements set out in Subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations that restricts their area of operations to “Between Points in Canada and abroad”, subject to the following conditions:

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”.

Subsection 701.02(1) states that “no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07”.

Purpose

This exemption authorizes Lynden Air Cargo, LLC, while not being the holder of a Canadian air operator certificate, to conduct a domestic air transport service in Canada on behalf of Bradley Air Services Limited, dba First Air, Ottawa, Ontario, whereby Lynden Air Cargo, LLC will provide specialized cargo air services using Hercules-type aeroplanes between points in Canada namely: Yellowknife, Ekati, Daivik, Snap Lake and Gahcho Kué (NWT).

Application

This exemption applies to Lynden Air Cargo, LLC for a domestic air transport service in Canada on behalf of Bradley Air Services Limited, dba First Air, Ottawa, Ontario. Lynden Air Cargo, LLC will be providing specialized cargo air services using Hercules-type aeroplanes between points in Canada namely: Yellowknife, Ekati, Daivik, Snap Lake and Gahcho Kué NWT. This service is limited to 36 operating days within a period beginning on June 29, 2015 and ending on December 15, 2015.

Conditions

This exemption is subject to the following conditions:

  1. Lynden Air Cargo, LLC and its flight crew members shall operate in Canadian airspace in accordance with the Canadian Aviation Regulations and Canadian air traffic rules and procedures;
  2. Lynden Air Cargo, LLC and its flight crew members shall operate in Canadian airspace in accordance with the specific conditions of this exemption and the remaining conditions of Canadian foreign air operator (CFAOC) certificate # F-9150;
  3. Lynden Air Cargo, LLC and its flight crew members shall operate the aeroplanes under the authority of a Standard Certificate of Airworthiness;
  4. Lynden Air Cargo, LLC and its flight crew members shall carry a copy of the ministerial exemption on board the aeroplanes while operating in Canadian airspace;
  5. Flights operated by Lynden Air Cargo, LLC under this authority must be limited to 36 operating days within a period beginning on June 29, 2015 and ending on December 15, 2015;
  6. These flights must only take place from Yellowknife to and from the following locations: Ekati, Daivik, Snap Lake and Gahcho Kué (NWT);
  7. These flights must only contain cargo that is oversized and/or overweight which requires a Hercules-type aeroplane to carry it; and,
  8. On a monthly basis, Lynden Air Cargo, LLC shall provide a detailed reporting of all flights along with the oversized and/or overweight cargo carried on each flight.

Transport Canada reserves the right to use the information submitted by Lynden Air Cargo, LLC in the analysis of this ministerial exemption or in further requests for similar exemptions, including sharing the information with external consultants and in future consultations with industry.

Validity

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

  1. 23:59 PST on December 15, 2015;
  2. the date on which the contractual obligations between Lynden Air Cargo LLC and Bradley Air Services (dba First Air) are fulfilled for which this exemption is granted;
  3. the date on which any condition set out in this authorization is breached; or
  4. The date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada on this 26th day of June, 2015, on behalf of the Minister of Transport.

“Original signed by”

Denis Guindon
Director General,
Aviation Safety Oversight and Transformation

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