Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that this exemption is in the public interest and not likely to affect aviation safety, I hereby exempt air operators who have been incorporated in the territories of Canada (Yukon, Northwest Territories and Nunavut) and who have been requested by the Canadian Transportation Agency (hereinafter referred to as “Agency”) to change the jurisdiction of their company’s incorporation, from the requirements of section 104.01 of the Canadian Aviation Regulations (CARs).
Section 104.01 of the CARs requires that fees be paid for the issuance or amendment of documents such as aircraft certificates of registration, aircraft leasing authorizations, certificates of approval for maintenance and training organizations, and air operator certificates and flight training unit operator certificates (hereinafter collectively referred to as “Canadian Aviation Documents”), and these charges are specified in Column II for the Items listed under the appropriate CAR 104 Schedule as set out in Annex A.
PURPOSE
The purpose of this exemption is to allow “air operators who have been incorporated in the territories of Canada and who have been asked by the Agency to change the jurisdiction of their company incorporation” to obtain new or amended Canadian Aviation Documents without discharging the applicable fees prescribed by section 104.01 of the CARs. The issuance of new or amended Canadian Aviation Documents is necessary due to the following:
- Territories in Canada (Yukon, Northwest Territories and Nunavut) have incorporated companies that provide air transport, where to incorporate such companies is not within their legal capacity to do so; and
- Acceptance by the Agency and by Transport Canada Civil Aviation to issue a licence and an air operator certificate respectively to a company that was incorporated in a jurisdiction that is not legally entitled to incorporate such companies.
Issuance of new or amended Canadian Aviation Documents will not result in any operational changes.
APPLICATION
This exemption applies to air operators who have been incorporated in the territories of Canada and who have been asked by the Agency to change the jurisdiction of their incorporation.
CONDITIONS
This exemption is subject to the following conditions:
- The Canadian Aviation Documents issued to companies who take advantage of this exemption shall be identical in authority to the Canadian Aviation Documents held by them at the time the company received the request from the Agency to change the jurisdiction of their corporation;
- The original Canadian Aviation Documents shall be surrendered on receipt of the replacement Canadian Aviation Documents that address changes to the jurisdiction of the corporation or to the corporate entity itself; and
- Air transport operations conducted by the air operators to whom this exemption applies shall be identical to the operations conducted prior to surrendering the original air operator certificate.
VALIDITY
This exemption is in effect until the earliest of the following:
- The date on which any of the conditions set out in this exemption is breached;
- The date on which the original Canadian Aviation Documents are surrendered on receipt of the replacement Canadian Aviation Documents that address changes to the jurisdiction of the corporation or to the corporate entity itself; or
- 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 is likely to affect aviation safety.
Original signed by
The Honourable Lawrence Cannon
Minister of Transport, Infrastructure and Communities
Applicable CAR 104 Schedules
|
Column I |
Column II |
Schedule I - General |
||
Item |
Document or Preparatory Action in Respect of Which a Charge Is Imposed |
Charge ($) |
1. |
Issuance of a ministerial exemption under subsection 5.9(2) of the Aeronautics Act |
475 |
Schedule II – Aircraft Registration |
||
3. |
Issuance of a certificate of registration, in respect of |
|
|
(c) an amendment to a certificate, other than a change of address |
65 |
Schedule III – Aircraft Leasing |
||
1. |
Issuance of an authorization permitting the operation of an aircraft as part of a leasing operation, to |
|
|
(a) a Canadian air operator that leases a Canadian commercial aircraft from another Canadian air operator (CAR 203.02(1)(a)) |
520 |
|
(b) a foreign air operator that leases a Canadian commercial aircraft from a Canadian air operator or Canadian aircraft manufacturer (CAR 203.02(1)(b) and (d)) |
1,200 |
|
(c) a Canadian air operator that leases an aircraft that is registered in a foreign state (CAR 203.02(1)(c)) |
995 |
Schedule IV – Personnel Licensing and Training |
||
19. |
Issuance of an approved training organization certificate to an organization providing aircraft maintenance engineer training (CAR 403.08) |
1,000 |
25. |
Approval of an amendment to a flight training unit operator certificate or to an operations specification |
75 |
Schedule VI – Maintenance and Manufacturing |
||
8. |
Issuance of a certificate of approval for a maintenance, manufacturing or distributing organization, in respect of organizations with the following number of technical employees (employees who are carrying out maintenance-, manufacturing- or distribution-related activities): |
|
|
(a) three employees or fewer |
300 |
|
(b) more than three but fewer than 11 employees |
1,200 |
|
(c) more than 10 but fewer than 51 employees |
4,920 |
|
(d) 51 or more employees |
6,090 |
Schedule VII – Air Operations |
||
8. |
Issuance of an air operator certificate, in respect of |
|
|
(a) aerial work (CAR 702) |
2,500 |
|
(b) air taxi operations - VFR (CAR 703) |
2,700 |
|
(c) air taxi operations - IFR (CAR 703) |
4,700 |
|
(d) commuter operations (CAR 704) |
8,000 |
|
(e) airline operations - turbine-powered aircraft having 50 or more passenger seats (CAR 705) |
30,000 |
|
(f) other airline operations (CAR 705) |
20,000 |
10. |
Issuance of an amendment to an air operator certificate, other than an amendment to remove an authority, in respect of |
|
|
(a) an air operator certificate - aerial work |
450 |
|
(c) an air operator certificate - air taxi operations - VFR |
450 |
|
(e) an air operator certificate - air taxi operations - IFR |
450 |
|
(g) an air operator certificate - commuter operations |
775 |
|
(i) an air operator certificate or operations specifications - airline operations - turbine-powered aircraft having 50 or more passenger seats |
1,000 |
|
(j) an air operator certificate or operations specifications - other airline operations |
1,000 |
- Date de modification :