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 Provincial Airlines Limited, PO Box 29030, Hangar #4, St. John's Airport, St. John's, NL, AlA 5B5, operating under Part VII, Subpart V of the Canadian Aviation Regulations (CARs), from the requirements of Paragraph 705.34 (1)(a) and of paragraph 705.34(3)(b) of the CARs that the operation meet the standards set out in subparagraphs 725.34 (1)(b)(i) and 725.34(2)(b)(i) of the Commercial Air Service Standards (CASS). This exemption is subject to the following conditions:
PURPOSE
Paragraph 705.34(1)(a) of the CARs prohibits the conduct of a take-off in a twin-engined aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, unless an alternate aerodrome is specified in the operational flight plan and that aerodrome is located within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed.
Paragraph 705.34(3)(b) of the CARs permits a person to conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person is authorized to do so in an air operator certificate and the person complies with the CASS.
The purpose of this exemption is to allow the air operator, Provincial Airlines Limited., to depart from St. John's Newfoundland using the Deer Lake, Newfoundland or the Stephenville, Newfoundland airports as takeoff alternates, when the weather at Gander, Newfoundland airport is not suitable for it to be used as a takeoff alternate, without having to meet the requirements of paragraphs 705.34(1)(a) or 705.34(3)(b) of the CARs and subparagraph 725.34(1)(b)(i) or subparagraph 725.34(2)(b)(i) of the CASS, in accordance with the application, below.
APPLICATION
Take-off where weather conditions are at or above the take-off minima (705.34(1)(a)) but below the landing minima
The exemption from paragraph 705.34(1)(a) applies to the DHC8 and SF340 model aircraft, when operated by Provincial Airlines Limited from the St. John's airport,under Subpart 705 of the CARs, pursuant to it's Air Operator Certificate Number 4303.
Take-off in IMC where weather conditions are below the take-off minima (705.34(3)(b) and 725.34(1)(b)(i) or 725.34(2)(b)(i))
The exemption from paragraph 705.34(3)(b) of the CARs with respect to subparagraphs 725.34(1)(b)(i) and 725.34(2)(b)(i) of the CASS applies to the DHC8 and SF340 model aircraft, when operated by Provincial Airlines Limited from St. John's airport under Subpart 705 of the CARs, pursuant to it's Air Operator Certificate Number 4303.
CONDITIONS
This exemption is subject to the following conditions:
- A copy of this exemption shall be carried on board the aircraft;
- Provincial Airlines Limited shall comply with all other requirements of its air operator certificate, operations specifications, and applicable CARs and CASS.
- Only Deer Lake, Newfoundland or the Stephenville, Newfoundland airports shall be used as take-off alternates.
- The weather forecast for the expected time of arrival at the Deer Lake, Newfoundland airport or the Stephenville, Newfoundland airport shall be equal to or better than the applicable alternate minimum, as set out in the Canada Air Pilot, plus an additional 100 feet in the case of Deer Lake, and an additional 300 feet in the case of Stephenville.
- The aircraft shall be able to fly to the applicable take-off alternate in no more than 90 minutes at the oneengine-inoperative cruise speed.
VALIDITY
This exemption is in effect until the earliest of the following:
- 24:00 Atlantic Daylight Time on October 5, 2005;
- the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations come into effect;
- the date on which any of the conditions set out in this exemption is breached; or
- 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.
EXEMPTION CANCELLATION
The exemption from paragraphs 705.34(1)(a) and 705.34(3)(b) of the CARS and subparagraphs 725.34(1)(b)(i) and 725.34(2)(b)(i) of the CASS, issued to Provincial Airlines Limited on May 8, 2003 by the Regional Director Civil Aviation, on behalf of the Minister of Transport, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Moncton, New Brunswick, this 5th day of April 2004, on behalf of the Minister of Transport.
Wayne Malone
Regional Director
Civil Aviation
Atlantic Region
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