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 all foreign air operators from the requirements set out in subsection 701.02(2) and paragraph 701.21(a) of the Canadian Aviation Regulations subject to the following conditions.
Subsection 701.02(2) states that a person is not required to hold a Canadian Foreign Air Operator Certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20, or 701.21.
Paragraph 701.21(a) states that for the purposes of subsection 602.128(4), a person may conduct a CAT II or CAT III precision approach in an IFR aircraft, if in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian Foreign Air Operator Certificate and holds a valid authorization or equivalent document issued by the state of the foreign air operator to conduct a CAT II or CAT III precision approach in Canada.
PURPOSE
The purpose of this exemption is to allow foreign air operators to conduct Instrument Approaches – Category II and Category III at Canadian airports, without being the holder of a Canadian Foreign Air Operator Certificate.
APPLICATION
This exemption applies to foreign air operators when landing in Canada below published landing minima in the event of a flight diversion, a landing due to technical reasons, or for refueling purposes.
INTERPRETATION
For the purpose of this exemption:
“Canada Air Pilot (CAP) ” means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister.
“Restricted Canada Air Pilot (RCAP)” means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister of Transport. The “Restricted Canada Air Pilot” is contained within the “Canada Air Pilot”.
CONDITIONS
This exemption shall be subject to the following conditions:
- No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the Restricted Canada Air Pilot; and
- Foreign air operators shall hold the appropriate Operations Specifications, Special Authorizations/Approvals from its Regulatory Authority.
VALIDITY
This exemption is in effect until the earliest of the following:
- the date on which any of the conditions set out in the Schedule of Conditions attached to this exemption are breached;
- the date on which an amendment to subsection 701.02(2) and paragraph 701.21 of the Canadian Aviation Regulations, or related standards, comes into effect; 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 it is likely to affect aviation safety.
Dated at Ottawa, Canada this 9th day of March 2006, on behalf of the Minister of Transport.
Original signed by
Merlin Preuss
Director General
Civil Aviation
- Date de modification :