EXEMPTION FROM SUBSECTION 202.35(1) 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 Canadian Helicopters Limited/Hélicoptères Canadiens Limitée, 1215 Montée Pilon, Les Cèdres, Québec, J7T 1G1 from the requirements set out in subsection 202.35(1) of the Canadian Aviation Regulations (CARs) that where the registered owner of a Canadian aircraft transfers any part of legal custody and control of the aircraft, the Certificate of Registration of the aircraft is cancelled, subject to the following conditions.

Purpose

The purpose of this exemption is to allow the transfer by Canadian Helicopters Limited/Hélicoptères Canadiens Limitée as registered aircraft owner of the Bell 206B helicopter, of legal custody and control of the aircraft to the Department of National Defence without the Certificate of Registration being cancelled.

Application

This exemption applies only when the aircraft identified herein is in the legal custody and control of the Department of National Defence during military operations in accordance with the terms and conditions of the Helicopter Dry Lease Contract.

This exemption applies specifically to the Bell 206b helicopter, with marks C — GNLD and for the duration of the Dry Lease Contract.

Conditions

  1. The Helicopter Dry Lease Contract (and incorporated documents) form part of this exemption (attached as Appendix 1).
  2. All terms and conditions of the Dry Lease Contract made between Canadian Helicopters . Limited/Hélicoptères Canadiens Limitée and the Department of National Defence, Contract Number W3999-02M381/002WPG, must be met and maintained throughout the validity period of this exemption.
  3. A copy of this exemption must be attached to the Certificate of Registration for the aircraft.

Validity

This exemption is in effect until the earliest of :

  1. November 30, 2005 at 23 :59 EST
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which the helicopter Dry Lease Contract is amended, terminated or expired;
  4. the date on which the registration of the aircraft is cancelled or suspended; or
  5. 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 Dorval, Quebec, January 31, 2005 on behalf of the Minister of Transport.

Yves Gosselin
Regional Director
Civil Aviation, Quebec Region

 

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