Exemption From subparagraph 703.07(2)(b)(ii) 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 Nestor Falls Fly-In Outposts Ltd from the requirements of subparagraph 703.07(2)(b)(ii) of the Canadian Aviation Regulations, subject to the conditions set out below.

Subparagraph 703.07(2)(b)(ii), requires managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards.

The Commercial Air Service Standards state that the Chief Pilot shall have at least 500 hours flight time of which 250 hours shall be as Pilot in Command within the preceding 3 years on the same category and class of aircraft being operated.

Purpose

The purpose of this exemption is to allow Nestor Falls Fly-In Outposts Ltd to continue operating with a Chief Pilot who does not meet the Commercial Air Service Standards.

Application

This exemption applies to Nestor Falls Fly – In Outposts Ltd., Box 35, Nestor Falls Ontario, P0X-1K0, Air Operator Certificate Number 6069, while employing Mr. Michael Gate, License Number CA379753, as Chief Pilot for the Beech 18 aircraft.

Conditions

This exemption is subject to the following conditions:

  1. The Chief Pilot candidate shall pass the written CPTAX exam as required by Commercial and Business Advisory Circular No.0197 and the oral exam as required by subparagraph 723.07 (2)(b)(i)(B)(IV) of the Commercial Air Service Standards.
  2. The Chief Pilot candidate will complete all ground school and written exams and double the required recurrent flight training of 1.5 hours, as required in Nestor Falls Fly-In Outposts Ltd. approved Company Operations Manual.
  3. The Chief Pilot candidate will undergo a Pilot Proficiency Check with a Transport Canada, Commercial and Business Aviation Inspector.
  4. Nestor Falls Fly-In Outposts Ltd. will use the Beech 18 aircraft when opening up their outpost camps for all fuel, lumber, motor and spring maintenance, in order for the Chief Pilot applicant to gain an additional 15 hours flying experience prior to carrying passengers.

Validity

This exemption is in effect until the earliest of:

  1. the date on which any of the foregoing conditions is not complied with;
  2. 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 or for cause; or
  3. 12:00 EST at midnight on September 1, 2004.

Dated at Tor nto, Canada, this 11th day of May, 2004 on behalf of the Minister of Transport.

Michael R. Stephenson
Regional Director
Civil Aviation
Ontario Region

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