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 AVIALEASING Aviation Company, Sergeli Airport, Tashkent, Uzbekistan 700154, holder of Canadian Foreign Air Operator Certificate No. F-9993, from the requirements set out in subsections 700.02(1) and 701.02(1) as applicable, specifically and exclusively from the requirements to comply with the specific conditions dealing with the areas of operation authorized, as required by subsection 701.08(f)(i) of the Canadian Aviation Regulations, subject to the conditions below.
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.
The purpose of this exemption is to permit AVIALEASING Aviation Company, while not being the holder of a Canadian Air Operator Certificate to conduct a commercial air service in Canada on behalf of Diavik Diamond Mines, Yellowknife, NT. AVIALEASING Aviation Company will operate its Antonov AN12 aircraft to transport cargo and within Canada while being registered in Uzbekistan.
The main route would be Yellowknife - Diavik - Yellowknife, however it may be necessary to operate into BHP's Ekati Mine or De Beers Snap Lake Mine, if they have critical loads and no other commercial operation is available. With the warm weather and the threat that the winter road that connects Yellowknife to the south becomes unusable, AVIALEASING Aviation Company may also have to fly from Hay River to Diavik Mine.
This exemption applies to the following aircraft: (1) one AN12 aircraft registered in Uzbekistan, Registration Number UK12002, Serial Number 402002, or (2) one AN12 aircraft registered in Uzbekistan Registration Number UK11418, Serial Number 402504, while being operated by AVIALEASING Aviation Company, on a commercial air service in Canada, on behalf of Diavik Diamond Mines, for the transportation of cargo between Canadian points in Northern Canada. These flights will take place until August 8, 2006.
- 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.
- Operations permitted by this exemption shall be subject to the performance limitations contained in the approved aircraft flight manual associated with the Aircraft Operating Manual and Certificate of Airworthiness for the aircraft used.
- 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.
- The air operator shall be responsible for complying with the Transportation of Dangerous Goods Act, 1992 and Regulations and for obtaining any necessary permits while carrying dangerous goods pursuant to this exemption.
- 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.
- The air operator shall comply with all other conditions and operations specifications stipulated in its Canadian Foreign Air Operator Certificate as required by Canadian Aviation Regulation 701.02(1).
- 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.
- A copy of this exemption shall be carried on board the aircraft while operating in Canada.
This exemption is in effect until the earliest of the following:
- 23:59 hours EDT August 8, 2006;
- the date on which any of the conditions set out in this exemption are breached; or
- 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, Ontario, Canada this 28th day of April 2006, on behalf of the Minister of Transport.
Original signed by
- Date de modification :