EXEMPTION FROM SUBSECTION 700.04(1) & PARAGRAPH 700.04(3)(a) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt a person who is a citizen, permanent resident or corporation of Chile and who is eligible to operate a specialty air service in Canada in accordance with Chapter H of the Canada-Chile Free Trade Agreement (hereinafter CCFTA), hereinafter referred to as the "air operator", from the requirements set out in Subsection 700.04(1) and Paragraph 700.04(3)(a) of the Canadian Aviation Regulations (CARs), subject to the conditions specified in this exemption.   Subsection 700.04(1) stipulates that a Canadian is eligible to hold an air operator certificate and Paragraph 700.04(3)(a) stipulates that a person who is a citizen, permanent resident or corporation of the United States of America or Mexico is eligible to hold an air operator certificate that authorizes the person to conduct aerial work in Canada if the aerial work is a specialty air service for which the person may obtain an operating certificate in accordance with Chapter 12 and Annex I - Canada of the North American Free Trade Agreement.

PURPOSE

The purpose of this exemption is to allow Chilean air operators who are eligible to operate a specialty air service (hereinafter SAS) in Canada under the CCFTA to obtain an air operator certificate to conduct aerial work in Canada without having to be a Canadian or a citizen, permanent resident, or corporation of the United States of America or Mexico, or a signatory of the North American Free Trade Agreement (NAFTA).   The CCFTA was ratified by Canada and Chile on June 1, 1997. The intent of the agreement, among other things, is to promote cross-border trade of SAS amongst the signatories of the Agreement.   "Specialty Air Services" is defined in Article H-12 of the CCFTA to mean aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services. (Please see Appendix A to this exemption).            

APPLICATION

The air operator shall be a person who is a citizen, permanent resident or corporation of Chile and shall be eligible to operate a SAS in Canada, in accordance with Chapter H and Annex I (Schedule of Canada) of the CCFTA.   In addition, the air operator shall hold a valid SAS Authorization issued by the Chilean Civil Aviation Authority.

CONDITIONS

This exemption is subject to the following conditions:

  1. The SAS Authorization issued to the air operator by the Chilean Civil Aviation Authority shall include the following information:
    1. the full legal and trade name of the company and full address of the air operator;
    2. the types of FTA operations authorized;
    3. a list of special provisions required by the Chilean Civil Aviation Authority; and
    4. the effective dates of operation (the date of termination not to exceed one year from the date of issue of the SAS Authorization).
  2. The air operator shall submit an application for an air operator certificate (Canadian Foreign Air Operator Certificate - Free Trade Agreement) issued pursuant to Part VII Subpart 2 of the CARs to operate SAS pursuant to the CCFTA by providing the following information:
    1. the type of SAS to be conducted;
    2. a copy of the contract for SAS in Canada excluding financial details;
    3. the dates of proposed operations, including start and finish;
    4. a copy of the Certificate of Airworthiness for each aircraft to be operated in Canada;
    5. the pilot(s) name(s), address(es), licence number(s) and type(s) of licence; and
    6. any other document the Minister of Transport deems necessary.
  3. The air operator shall meet the requirements of Part VII Subpart 2 of the CARs.
  4. The air operator shall meet the requirements of the CCFTA.

VALIDITY

The exemption should remain in effect until the earliest of the following:

  1. 23:59 EST on January 31, 2005
;
  • the date on which an amendment to the Canadian Aviation Regulations and related Commercial Air Service Standards comes into effect;
  • the date on which an agreement is reached between Transport Canada and the Civil Aviation Authority of Chile on cross-border SAS;
  • the date on which one of the conditions set out in the exemption is breached; or
  • the date on which the exemption is cancelled by the Minister, in writing, where he is of the opinion that 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 August 2003, on behalf of the Minister of Transport.

     

    Original signed by Merlin Preuss

     

    Merlin Preuss
    Director General
    Civil Aviation

    APPENDIX A

    EXCERPT FROM CANADA-CHILE FTA (CCFTA)
    (Ratified by Canada and Chile on June 1, 1997)

    Article H-12: Definitions

    For purposes of this Chapter, a reference to a national or provincial government includes any non-governmental body in the exercise of any regulatory, administrative or other governmental authority delegated to it by that government.

    For purposes of this Chapter:

    cross-border provision of a service

     or cross-border trade in services means the provision of a service:

    1. from the territory of a Party into the territory of the other Party;
    2. in the territory of a Party by a person of that Party to a person of the other Party; or
    3. by a national of a Party in the territory of the other Party,

    but does not include the provision of a service in the territory of a Party by an investment, as defined in Article G-40 (Investment - Definitions), in that territory;

    enterprise

     means an "enterprise" as defined in Article B-01 (Definitions of General Application), and a branch of an enterprise;

    enterprise of a Party

     means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there;

    existing

     means in effect on January 1, 1994 for Canada and December 29, 1995 for Chile;

    financial service

     means a service of a financial nature, including insurance, and services incidental or auxiliary to a service of a financial nature;

    professional services

     means services, the provision of which requires specialized post-secondary education, or equivalent training or experience, and for which the right to practice is granted or restricted by a Party, but does not include services provided by trades-persons or vessel and aircraft crew members;

    quantitative restriction

     means a non-discriminatory measure that imposes limitations on:

    1. the number of service providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or
    2. the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative means;

    service provider of a Party

     means a person of a Party that seeks to provide or provides a service; and

    specialty air services

     means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services.

     

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