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 specifically and exclusively from the requirements to comply with the specific conditions of the Canadian Foreign Air Operator Certificate dealing with the areas of operation authorized, as stipulated by paragraph 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 November 10, 2006, on behalf of Petro-Canada and its Terra Nova offshore facility in Newfoundland. 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.
This exemption permits Lynden Air Cargo, LLC to operate between Hamilton, Ontario and St. John’s, Newfoundland, on a one-time basis.
APPLICATION
This exemption applies to Lynden Air Cargo when operating (1) one Lockheed Hercules L382 aircraft, registered in the United States, registration N404LC (or alternate), on a commercial air service in Canada, on behalf of Petro-Canada and its Terra Nova offshore facility, for the transportation of cargo between Hamilton, Ontario and St. John’s, Newfoundland. This flight will take place on November 10, 2006.
CONDITIONS
This exemption is subject to the following 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 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 conditions and operations specifications, except the ones dealing with the areas of operation authorized, stipulated in its Canadian Foreign Air Operator Certificate as required by Canadian Aviation Regulation 701.02(1) and 701.08(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; and
- 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 EST November 10, 2006;
- the date on which any one of the conditions set out in this exemption is 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 10th day of November 2006, on behalf of the Minister of Transport, Infrastructure and Communities.
Merlin Preuss
Director General
Civil Aviation
- Date de modification :