EXEMPTION FROM SUBSECTIONS 202.15(1) AND 700.04(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that this exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt Ascent Helicopters Ltd., 150 Hamilton Avenue, Parksville, B.C., from the requirements set out in subsections 202.15(1) and 700.04(1) of the Canadian Aviation Regulations (CARs), subject to the conditions specified in this exemption.

Subsection 202.15(1) of the CARs stipulates that any Canadian is qualified to be the registered owner of a Canadian aircraft.

Subsection 700.04(1) of the CARs stipulates that a Canadian is eligible to hold an air operator certificate.

PURPOSE

The purpose of this exemption is to permit Ascent Helicopters Ltd., 150 Hamilton Avenue, Parksville, B.C., to be the registered owner of Canadian commercial helicopters and to hold an air operator certificate without meeting the qualification and eligibility requirement to be Canadian.

APPLICATION

This exemption applies to Ascent Helicopters Ltd., 150 Hamilton Avenue, Parksville, B.C., when submitting an application for the purpose of registering a helicopter as a Canadian commercial aircraft and while operating under Air Operator Certificate No. 10555.

CONDITIONS

This exemption is subject to the following conditions:

  1. Ascent Helicopters Ltd., shall make application for the registration of helicopters only.
  2. Ascent Helicopters Ltd., shall at all times comply with all relevant Parts of the CARs and with the requirements of the CARs Part VII subparts that are indicated in Part II of Air Operator Certificate number 10555.
  3. Ascent Helicopters Ltd., shall notify the Minister of Transport, in writing, of any change in the ownership of voting shares in the company, or if the company is deemed to be Canadian owned and controlled by the Canadian Transportation Agency. The Minister shall re-assess the applicability of the Exemption Order and its conditions following receipt of the notice by Ascent Helicopters.
  4. Ascent Helicopters Ltd., shall have a valid ORDER EXEMPTING ALPINE HELICOPTERS LTD. FROM THE APPLICATION OF SUBPARAGRAPH 61(a)(i) OF THE CANADA TRANSPORTATION ACT, issued by the Minister, when conducting a domestic air service pursuant to Canadian Transportation Agency Licence No. 962254.
  5. Ascent Helicopters Ltd., shall not engage in the transportation of passengers on a unit toll (fare per person), point-to-point basis.
  6. All other conditions enumerated in the Exemption Order issued pursuant to section 62 of the Canada Transportation Act.

VALIDITY

This exemption is valid until the earliest of:

  1. the date on which any of the conditions set out in this exemption is breached;
  2. the date on which the Ascent Helicopters Ltd. Canada Transportation Act Exemption Order, or any subsequent exemption order issued in its place, is repealed; or
  3. the date on which the exemption is canceled by the Minister in writing where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at Vancouver, B.C., Canada, this 6th Day of February 2008 on behalf of
the Minister of Transport, Infrastructure and Communities

Original signed by

Trevor J. Heryet
Acting Regional Director Civil Aviation
for: Minister of Transport, Infrastructure and Communities
Pacific Region

Date de modification :