EXEMPTION FROM PARAGRAPH 602.60(1)(e), SUBSECTION 605.36(1) AND PARAGRAPH 702.43(a) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act and after taking into account that this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt TOP ACES INC., 52 Hymus Boulevard, Suite 200, Pointe-Claire, Quebec, H9R 1C9, which is operating Dornier Alpha Jet type aeroplanes (AJET) from meeting the following requirements of the Canadian Aviation Regulations (CARs):

1. Paragraph 602.60 (1)(e);
2. Subsection 605.36(1); and
3. Paragraph 702.43(a).

Paragraph 602.60(1)(e) of the CARs requires a hand-held fire extinguisher to be carried in the cockpit of a power-driven aircraft.
Subsection 605.36(1) of the CARs requires a turbo-jet-aeroplane to be equipped with an altitude alerting system or device that conforms to the Aircraft Equipment and Maintenance Standards.

Paragraph 702.43(a) of the CARs requires an air operator to equip aircraft operated on a single pilot operation in Instrument Flight Rules (IFR) flight with an autopilot that is capable of operating the aircraft controls to maintain flight and manoeuvre the aircraft about the lateral and longitudinal axes.

PURPOSE

The purpose of this exemption is to allow TOP ACES INC. to conduct flight operations on Dornier Alpha Jet type aeroplanes without the aeroplanes being equipped with the following equipments:

1. A hand-held fire extinguisher;
2. An altitude alerting system or device; and
3. A serviceable autopilot.

APPLICATION

This exemption applies to Dornier Alpha Jet type aeroplanes that are operated by TOP ACES INC. with a restricted flight authority when operating under Part VI or Subpart 702 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

1. The pilot in command (PIC) shall:
1. Hold an Airline Transport Pilot Licence or Commercial Pilot Licence endorsed with a Dornier Alpha Jet type rating;
2. Hold a valid Group I IFR rating;
3. Be qualified in accordance with the TOP ACES INC. Company Operations Manual (COM); and
4. Be trained in accordance with the TOP ACES INC. approved ground and flight training program stipulated in the COM.
2. The PIC and TOP ACES INC shall ensure that a copy of this exemption is carried on board the aeroplane.

VALIDITY

These exemptions are in effect until the earliest of:

1. The date on which any one of the conditions set out in this exemption is breached; or
2. 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 that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 9^th day of April, 2009, on behalf of theMinister of Transport, Infrastructure and Communities

“Original signed by”

M.R. Preuss
Director General
Civil Aviation

Date de modification :

2009-05-0