EXEMPTION FROM SUBSECTIONS 203.03(2) AND SUBPARAGRAPHS 223.03(3)(a)(i) AND 223.03(3)(c)(i) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Kelowna Flightcraft Air Charter Ltd., 5655 Airport Way, Kelowna, BC., VI V 181 from the requirements of subsection 203.03(2) and subparagraphs 223.03(3)(a)(i) and 223.03(3)(c)(i)of the Canadian Aviation Regulations (CAR), subject to the conditions listed below.

Subsection 203.03(2) stipulates that subject to section 203.08, the Minister shall, on receipt of an application from a Canadian air operator that conforms with the Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner and that includes evidence that establishes that the Canadian air operator meets those standards, issue a written authorization to the Canadian air operator permitting the operation of a Canadian or foreign aircraft by the Canadian air operator, or the operation of a Canadian aircraft by a foreign operator, as part of a leasing operation, and shall specify in the authorization those conditions governing the operation that are necessary to ensure aviation safety."

Subparagraphs 223.03(3)(a)(i) and 223.03(3)(c)(i) of the Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner specify, in part, that the Canadian Air Operator of a leased foreign registered aircraft provide evidence that the aircraft is of a type and model designation to be eligible for a Canadian certificate of airworthiness and that the aircraft complies with the type certificate issued in respect of the aircraft or other equivalent document.

Purpose

The purpose of this exemption is to permit Kelowna Flightcraft Air Charter Ltd. to lease Boeing 737-8Q8 aircraft Serial Number 30637, Registration G-XLAE, as specified in the lease agreements dated November 17,2003 (attached as Annexes A and H), without first making it eligible for a Canadian certificate of airworthiness as required by CAR 223.03(3). While the Canadian required modifications are installed on the aircraft, adding this serial number to the Canadian Type Certificate Data Sheet is not practical due to the lease consisting of only two 6- month terms over the next two winter seasons.

Application

This exemption applies to Kelowna Flightcraft Air Charter Ltd., 5655 Airport Way, Kelowna, BC, VIV 181 specifically when operating the leased Boeing 737 -8Q8 aircraft Serial Number 30637, Registration G-XLAE.

Conditions

This exemption is subject to the following condition:

1. The aircraft shall be operated in accordance with Transport Canada approved Kelowna Flightcraft Air Charter Ltd. Boeing 737 Aircraft Operations Manual as amended to March 31,2003.
    
2. Any aircraft modifications incorporated between the two lease periods shall be identified to Transport Canada 30 days prior to commencement of the second lease.
    
3. A copy of this exemption shall be attached to the aircraft logbook and carried on board the aircraft at all times.

Validity

1. This exemption is only valid during the following specific lease periods (as identified in the two lease agreements dated Nov 17, 2003).
    

   Dec 07,2003 to May 09,2004; 23:59 EDT and

   Dec 06,2004 to May 08,2005; 23:59 EDT
    

2. This exemption becomes invalid at the earliest of the following:
    
   1. The date on which either of the lease agreements dated 17 November 2003 are altered or cancelled;
       
   2. 23:59 Eastern Daylight Time on May 08,2005;
       
   3. The date on which the condition set out in this exemption is breached;
       
   4. The date on which this exemption is cancelled in writing by the Minister 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 Vancouver, this 26^th day of November, 2003, on behalf of the Minister

D.J. Nowzek
Regional Director
Civil Aviation

Date de modification :

2004-11-1