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) as applicable, specifically and exclusively from the requirements to comply with the specific conditions dealing with the areas of operation authorized, as required by subparagraph 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.
Purpose
The purpose of this exemption is to permit Lynden Air Cargo, LLC, while not being the holder of a Canadian Air Operator Certificate, to conduct a commercial air service in Canada on behalf of First Air, Ottawa, Ontario. Lynden Air Cargo, LLC will operate its Lockheed Hercules L382 aircraft, registration N404LC (or alternate), to transport cargo within Canada while being registered in the United States.
The following Canadian points in the NWT will be served:
- Yellowknife - Diavik – Yellowknife
- Yellowknife - Ekati -Yellowknife;
- Yellowknife -Snap Lake - Yellowknife
Application
This exemption applies to Lynden Air Cargo, LLC when it has operational control of (1) one Lockheed Hercules L382 aircraft registered in the United States, Registration Number N404LC (or alternate) on a commercial air service in Canada, on behalf of First Air, a Canadian company, for the transportation of cargo between Canadian points in Northern Canada. First Air will maintain commercial control of these flights. Lynden Air Cargo, LLC will have operational control and will provide its aircraft and crew. These flights will take place from
July 21, 2006 until October 1, 2006.
The operation shall be used in addition to any cargo capacity that may be provided by First Air, the lessee, in direct support of the diamond mine operations, pursuant to the routes specified in this exemption. Therefore, this exemption shall not be interpreted as supporting increased heavy lift capacity for diamond mine operations, in lieu of First Air cargo aircraft.
Conditions
- 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 Air Operator Certificate from the air operator's own state of registry.
- 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).
- The air operator shall comply with all other applicable Canadian Aviation Regulations.
- 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.
Validity
This exemption is in effect until the earliest of the following:
- 23:59 hours EDT October 1, 2006;
- the date on which the agreement between Lynden Air Cargo, LLC and First Air is terminated;
- 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.
Cancellation
The exemption to the Canadian Aviation Regulations issued to Lynden Air Cargo, LLC, 6441 South Airpark Place, Anchorage, Alaska, U.S.A., 99502-1809 on June 30th, 2006, at Ottawa, in the province of Ontario, by the Director General, Civil Aviation, on behalf of the Minister of Transport, Infrastructure and Communities is hereby cancelled because it is in the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada this 21st day of July 2006, on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by J. Taylor for
Merlin Preuss
Director General
Civil Aviation
- Date de modification :