EXEMPTION FROM SUBPARAGRAPH 705.07(2)(b)(ii) OF THE CANADIAN AVIATION REGULATIONS AND CLAUSE 725.07(2)(b)(i)(B) OF THE COMMERCIAL AIR SERVICE STANDARDS

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 Prince Edward Air Ltd. 250 Brackley Road, Box 3, Charlottetown, Prince Edward Island  C1A 6Y9 operating under Part VII, Subpart V of the Canadian Aviation Regulations (CARs), from the requirements of subparagraph 705.07(2)(b)(ii) of the CARs and clause 725.07(2)(b)(i)(B) of the Commercial Air Service Standards (CASS), subject to the following conditions.

PURPOSE

The purpose of this exemption is to allow Prince Edward Air Ltd. To operate under its commercial operator certificate number 72959 although the Chief Pilot of the 705 Aircraft Operations, Mr. Trevor Cassell (AA410177), does not meet the qualification requirements pertaining to experience for the Chief Pilot position set out in clause 725.07(2)(b)(i)(B) of the CASS.

Subparagraph 705.07(2)(b)(ii) of the CARs  and clause 725.07(2)(b)(i)(B) of the CASSare reproduced in Appendix 1. 

APPLICATION

This exemption applies to Prince Edward Air Ltd. Operating under its commercial air operator certificate number 72959 during the period for which Mr. Trevor Cassell (AA410177) acts as Chief Pilot of 705 Aircraft Operations without having met the qualifications pertaining to experience. 

CONDITIONS

This exemption is subject to the following conditions:

1. The size and scope of the 705 Aircraft Operations shall not expand after the date this exemption is signed.
2. All personnel of Prince Edward Air Ltd. In a position that requires the Minister’s approval, except for Mr. Trevor Cassell, shall meet all the qualifications set out in the Canadian Aviation Regulations or related standards.
3. Mr. Trevor Cassell shall complete a successful interview with Transport Canada prior to his appointment to Chief Pilot of 705 Aircraft Operations.
4. Mr. Trevor Cassell shall not accept any responsibilities nor exercise any responsibilities relating to Chief Pilot of 703 or 704 Aircraft Operations.
5. Prince Edward Air Ltd. shall assign all responsibilities pertaining to Chief Pilot of 703 and 704 Aircraft Operations to a newly appointed Chief Pilot of 703 and 704 Aircraft Operations.
6. Prince Edward Air Ltd. shall ensure that Mr. Ryan Poelzer (AA409531), former Chief Pilot of 705 Aircraft Operations, be at the disposal of Mr. Trevor Cassell for the entire period the latter holds the position of Chief Pilot of 705 Aircraft Operations.

VALIDITY

This exemption is in effect until the earliest of the following:

1. March 4th, 2009 at 23:59 AST;
2. The date on which any of the conditions set out in this exemption is breached;
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 Moncton, New Brunswick, this 5th day of September 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

(original copy signed by A.W. Allan)

A. W. Allan
Regional Director
Civil Aviation
Atlantic Region

APPENDIX 1

Paragraph 705.07(2)(b)(ii) of the CARs states:

2. For the purposes of subsection (1), an applicant shall have
   1. ...;
   2. managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,
      ...,
      2. chief pilots,

Paragraph 725.07(2)(b)(i)(B) of the CASS states :

2. Qualifications and Responsibilities of Managerial Personnel
   1. ...
   2. Chief Pilot
      1. Qualifications
         The Chief Pilot shall have the following qualifications:
         ...
         2. have at least 3 years aeroplane experience (commercial operations experience not required) as pilot-in-command:
            1. of an aeroplane referred to in paragraph 705.01(a) of the Canadian Aviation Regulations; and
            2. in the weight group (more or less than 100,000 lbs) and type of operations (domestic / international, cargo / passenger);
               

Date de modification :

2007-10-1