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

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 Lynden Air Cargo, LLC, 6441 South Airpark Place, Anchorage, Alaska, U.S.A., 99502- 1809, holder of Canadian Foreign Air Operator Certificate No. F-9150, from the requirements set out in subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations, subject to the attached Schedule of 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 .

Purpose and Application

The purpose of this exemption is to permit Lynden Air Cargo, LLC, while not being the holder of a Canadian Air Operator Certificate, to operate a United States of America Lockheed L382 aircraft, Registration Number N403LC, Serial Number 4590, or alternate N404LC, Serial Number 4763 on a commercial air service in Canada, on behalf of First Air, 100 Thad

Johnston Road, Ottawa International Airport, Gloucester, Ontario, Kl V OR1, for the transportation of cargo between the following Canadian points: Yellowknife, NWT (CYZF) and Ekati, NWT (CYOA). These flights will take place during the period of September 22, 2003 to October 1, 2003.

Validity

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

  1. 2359 hours EDT October 11,2003;
  2. the date on which any condition set out in the attached schedule of conditions is breached; or
  3. the date on which this exemption is cancelled in writing, by the Minister, where he is of the opinion it is no longer in the public interest, or that it is likely to affect aviation safety.

 

Dated at Ottawa, Canada this 19th day of September 2003, on behalf of the Minister of

 

Transport.
Merlin Preuss
Director General Civil Aviation


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

Schedule of Conditions

  1. No change in the operation or type of aircraft shall be made by the air operator, except in the case of emergency, without first obtaining the authorization from the Minister.
  2. Operations permitted by this exemption shall be subject to the performance limitations contained in the approved aircraft flight manual associated with the aircraft type certificate and certificate of airworthiness for the aircraft used.
  3. This exemption shall be valid only while the air operator is in possession of a valid permit, certificate, licence or other satisfactory document from the air operator's own state of registry authorizing the operations for which this temporary authority is granted.
  4. The air operator shall be responsible for complying with the Transportation of Dangerous Goods Act, 1992 and Regulations and for obtaining any necessary permits wlile carrying dangerous goods pursuant to this exemption.
  5. Nothing in this exemption shall be held to relieve the air operator from compliance with the provisions of any Canadian aviation documents that have been issued pursuant to the Aeronautics Act.
  6. When directed by Transport Canada, the air operator shall make the aircraft available for inspection, both on the ground and inflight, by Airworthiness, Flight Operations, Cabin Safety, and Dangerous Goods Inspectors in accordance with the Aeronautics Act and the Canadian Aviation Regulations.
  7. A copy of this exemption shall be carried on board the aircraft while operating in Canada.
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