EXEMPTION FROM SUBSECTIONS 700.02(1) AND 701.02(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt Third Strike Wing Walking US Corp. and pilots-in-command working for hire or reward for Third Strike Wing Walking US Corp., 25 Greystone Manor, Lewes, DE USA from the requirements set out in subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations, subject to the conditions below.

Subsection 700.02(1) requires that no person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.

Subsection 701.02(1) requires that no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to Section 701.07.

Purpose

The purpose of this exemption is to permit Third Strike Wing Walking US Corp. while not being the holder of a Canadian Foreign Air Operator Certificate, to conduct a commercial air service in Canada. A U.S. registered Boeing B75N1, Registration N65263, serial number 75-3447, owned by Third Strike Wing Walking US Corp. will be operated during the filming of "Amelia", a theatrical feature film based on the life of Amelia Earhart. Flights will take place in the Greater Toronto area during the period of May 29, 2008 to June 7, 2008.

Application

This exemption applies to Third Strike Wing Walking US Corp. and pilots-in-command working for hire or reward for Third Strike Wing Walking US Corp. while operating one Boeing B75N1, Registration N65263, serial number 75-3447 aircraft on a commercial air service in Canada. These flights will take place on an as required basis in the Greater Toronto area during the period of May 29, 2008 to June 7, 2008.

Conditions

This exemption is subject to the conditions attached at Appendix A of this exemption.

Validity

This exemption is in effect from May 29, 2008 at 00:01 EDT until the earliest of the following:

  1. June 7, 2008 at 23:59 hrs EDT;
  2. the date on which any condition set out in this exemption is breached; or
  3. 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 affect aviation safety.

 

DATED at Ottawa, Canada this 29th day of May 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

Merlin Preuss
Director General
Civil Aviation

 

EXEMPTION FROM SUBSECTIONS 700.02(1) and 701.02(1) OF THE
CANADIAN AVIATION REGULATIONS

 Schedule of Conditions

  1. Except in case of an emergency, Third Strike Wing Walking US Corp. shall not make any change in the operation or type of aircraft.
  2. Operations permitted by this exemption are subject to the performance limitations contained in the approved aircraft flight manual associated with the aircraft type certificate and certificate of airworthiness for the aircraft used.
  3. Third Strike Wing Walking US Corp. shall be in the possession of a valid permit, certificate, licence or other satisfactory document from the air operator's own state of registry authorizing the operations for which this temporary authority is granted.
  4. Third Strike Wing Walking US Corp. shall be responsible for complying with the Transportation of Dangerous Goods Act, 1992 and Regulations and for obtaining any necessary permits while carrying dangerous goods pursuant to this exemption.
  5. Third Strike Wing Walking US Corp. shall obtain a flight validation from the Minister for the aircraft being operated pursuant to this exemption prior to commencing operations.
  6. When an aircraft is operated in Canadian airspace, a copy of the flight validation required in condition number 5, in addition to a copy of the flight authority, shall be carried on board the aircraft.
  7. When an aircraft conducting operations permitted by this exemption is to be operated under a flight authority other than an ICAO Article 31 Standard Certificate of Airworthiness, Third Strike Wing Walking US Corp. shall obtain a flight authority validation from the Minister prior to commencing operations.
  8. When directed by Transport Canada, Third Strike Wing Walking US Corp. shall make the aircraft and crew available for inspections, both on-the-ground and inflight, by Airworthiness and Flight Operations Inspectors, in accordance with the Aeronautics Act and the Canadian Aviation Regulations.
  9. Transportation of passengers is prohited.
  10. A copy of this exemption must be carried on board the aircraft while operating in Canada.
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