EXEMPTION FROM SUBPART 604 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt all persons operating a Canadian aircraft that is used for the transport of passengers, where the aircraft is a turbine-powered pressurized aeroplane or a large aeroplane, and is not required to be operated under Subpart 6 of Part IV (Flight Training Units) or under Part VII (Commercial Air Services), from the requirements of Subpart 604 on Private Operator Passenger Transportation and specifically from the requirements of Section 604.02 of the Canadian Aviation Regulations (CARs).

Section 604.02 of the CARs states that no person shall operate an aircraft under Subpart 604 of the CARs unless the person complies with the conditions and specifications in a private operator certificate issued to that person by the Minister pursuant to Section 604.05 of the CARs or in an air operator certificate issued to that person by the Minister pursuant to Part VII.

This exemption is granted subject to the following conditions.

Purpose

The purpose of this exemption is to permit persons to operate aircraft of the type and for the purpose described in the application section below, with a Private Operator Certificate issued under the authority of the Canadian Business Aircraft Association (CBAA), pending the proposed amendments to the CARs that will enable the CBAA to certify Canadian individual business aircraft operators.

Application

This exemption applies to all persons (hereinafter "private operator") operating a Canadian aircraft used for the transport of passengers, where the aircraft is a turbine-powered pressurized aeroplane, or a large aeroplane and is not required to be operated under Subpart 6 of Part IV or under Part VII of the CARs.

Conditions

This exemption is subject to the following conditions:

1. The private operator shall operate the aircraft in compliance with the conditions and specifications of a Private Operator Certificate issued by the CBAA in accordance with the CBAA operational safety standards contained in the Canadian Business Aviation Association Private Operator Certificate Procedures Manual.
    

2. The private operator shall comply with the Canadian Business Aviation Association Private Operator Certificate Procedures Manual.
    

3. The private operator, and any pilot working for hire or reward for a private operator, shall comply with the conditions contained in Annex A to this exemption when exercising the additional authorities contained in the operational specifications of a private operator certificate.

Validity

This exemption comes into effect on January 1, 2004 and is in effect until the earliest of the following:

This exemption is in effect until the earliest of:

1. 23:59 (EST) on January 31, 2005;
    
2. the date on which any one of the conditions set out in this exemption is breached;
    
3. the date on which an amendment to appropriate provisions of the Canadian Aviation Regulations comes into effect; or
    
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 have an adverse affect on aviation safety.

Dated at Ottawa, Canada this 17^th day of November 2003, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt
for

Merlin Preuss
Director General
Civil Aviation

Attachment: Annex A

 

Date de modification :

2004-11-1