EXEMPTION FROM SUBSECTION 202.35(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to section 5.9(2) of the Aeronautics Act and after having determined that this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Bombardier Aerospace (hereinafter Bombardier Inc.)Amphibious Aircraft 3400 Douglas B. Floreani, St-Laurent, Quebec, H4S 1V2, from the limitations of subsection 202.35(1) of the Canadian Aviation Regulations (CARs) which stipulates that where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled.

Purpose

The purpose of this exemption is to allow the manufacturer, Bombardier Inc., to transfer legal custody and control of a Bombardier registered CL-415 aircraft to the Ministère de l’intérieur, de la sécurité intérieure et des libertés locales – Direction de la Défense et de la Sécurité Civile (hereinafter the French Ministry of Interior) without the certificate of registration for the aircraft being cancelled.

Application

This exemption applies to Bombardier CL-415 aircraft - model CL-215-6B11 - serial number 2057 – registration C-GILN, operated by the French Ministry of Interior from May 1, 2005 to April 30, 2006, in accordance with the terms and conditions of the agreement Marché n^o 04 82 026 00 470 75 88 between Bombardier Inc. and the French Ministry of Interior.

Conditions

This exemption is subject to the following conditions:

1. The aircraft shall be registered to Bombardier Inc.
2. The aircraft shall be in the legal custody and control of the French Ministry of Interior.
3. The aircraft shall not be made the subject of another lease during the term of the agreement with the French Ministry of Interior.
4. Bombardier Inc. shall hold a Canadian operator certificate issued in respect of the aircraft type that is being leased.
5. The aircraft shall be maintained in accordance with CARs 571.
6. Bombardier Inc. shall be responsible to ensure that the French Ministry of Interior maintains the aircraft in accordance with the applicable Canadian standards of airworthiness.
7. The aircraft shall have a valid certificate of airworthiness.
8. The aircraft shall not undergo modification unless it is authorized by the Canadian Minister of Transport.
9. The aircraft shall be maintained during the term of the lease, in a configuration that complies with its type certificate or such other equivalent document.
10. Every crew member assigned to the aircraft by the lessee shall hold the licence appropriate to the crew member's duties, issued by Canada or the state of the lessee.
11. Where the aircraft will be operated outside the state of the lessee, every crew member assigned to the aircraft by the lessee shall hold the licence appropriate to the crew member’s duties issued by Canada or issued by the state of the lessee and validated by Canada.
12. A copy of this exemption shall be attached to the certificate of registration and carried on board the aircraft.

Validity

This exemption is valid from May 1, 2005 until the earliest of:

1. April 30, 2006, 23:59 EDT;
2. The date on which the lease agreement is cancelled;
3. The date on which any condition specified in the exemption is not complied with; or
4. The date on which the exemption is cancelled in writing by the Minister, where he is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, on the 19^th day of April 2005, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-01-2