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 taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt Shandong Airlines Rainbow Jet Co. Ltd., Yao Qiang International Airport, Jinan, China 250107 from the requirement set out in subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations that foreign air transportation service operators must hold a Canadian Foreign Air Operator Certificate (FAOC). This exemption is being granted subject to the attached Schedule of Conditions.

Subsection 700.02(1) requires 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) requires 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 Shandong Airlines Rainbow Jet Co. Ltd. to operate Canadair CL604 Regional Jet Registration No. B7697 (China), Serial Number 5523, on a commercial air transport service to and from Canada without being the holder of a Canadian FAOC, in order to transport passengers from Singapore to Vancouver and return. The flights will take place during the period June 4-23, 2003 in accordance with the following schedule:

  • JUNE 3, 2003 ETD ZGSZ (SHENZHEN, CHINA) 0530Z ETA WSSS (CHANGI, SINGAPORE)
  • JUNE 4, 2003 ETD WSSS 0200Z ETA ZYHB (HARBIN, CHINA) 0910Z
  • JUNE 4, 2003 ETD ZYHB 1010Z ETA PANC 1720Z
  • JUNE 4, 2003 ETD PANC 1820Z ETA CYVR 2110Z
  • JUNE 13, 2003 ETD CYVR 1500Z ETA KPHL 2000Z
  • JUNE 14, 2003 ETD KPHL 1300Z ETA KBOS 1340Z
  • JUNE 17, 2003 ETD KBOS 1400Z ETA CYVR 1920Z
  • JUNE 21, 2003 ETD CYVR 1610Z ETA PANC 1830Z
  • JUNE 21, 2003 ETD PANC 1930Z ETA ZYHB 0300Z JUNE 22
  • JUNE 22, 2003 ETD ZYHB 0400Z ETA WSSS 1100Z
  • JUNE 23, 2003 ETD WSSS 0130Z ETA ZGSZ 0500Z

Application

This exemption applies to Shandong Airlines Rainbow Jet Co. Ltd. when conducting the above mentioned flights transporting passengers from Singapore to Vancouver and return.

Conditions

This exemption is subject to the conditions attached at Appendix A of this exemption.

Validity

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

  1. the date on which the flight is completed;
  2. 2359 hrs EDT on June 30, 2003;
  3. the date on which any condition set out in the attached Schedule of Conditions is breached;
  4. 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 is likely to affect aviation safety.

DATED

 at Ottawa, Canada this 29th day of May 2003, on behalf of the Minister of Transport.

 

Merlin Preuss
Director General
Civil Aviation

EXEMPTION FROM 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 may be made by the air operator, except in the case of emergency, without first obtaining the authorization from the Minister.
  2. Whenever the aircraft is operated within the Northern Domestic Airspace of Canada, there shall be a means of establishing direction that is not dependent on a magnetic source.
  3. Operations permitted by this exemption are 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.
  4. This exemption is 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.
  5. The air operator is 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.
  6. Nothing in this exemption relieves the air operator from compliance with the provisions of any Canadian aviation documents that have been issued pursuant to the Aeronautics Act.
  7. When directed by Transport Canada, the air operator must make the aircraft and crew available for inspections, both on-the-ground and inflight, by Airworthiness, Cabin Safety and Flight Operations Inspectors, in accordance with the Aeronautics Act and the Canadian Aviation Regulations.
  8. A copy of this exemption must be carried on board the aircraft while operating in Canada.
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