EXEMPTION FROM SUBSECTIONS 700.02(1) AND 701.02(1) OF THE CANADIAN AVIATION REGULATIONS

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 Era Helicopters, Post Office Box 6550, Lake Charles, LA 70606 USA, holder of Canadian Foreign Air Operator Certificate No. F-10959, from the requirements set out in subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations specifically and exclusively from the requirements to comply with the specific conditions of the Canadian Foreign Air Operator Certificate dealing with the areas of operation authorized, as stipulated by paragraph 701.08(f)(i) of the Canadian Aviation Regulations, subject to the conditions below.

Subsection 700.02(1) states that no person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.

Subsection 701.02(1) states that no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07.

Purpose

The purpose of this exemption is to permit Era Helicopters, while not being the holder of a Canadian Air Operator Certificate, to conduct a commercial air service in Canada during the period June 11, 2007 to July 31, 2007 on behalf of Shell Canada and its offshore facility in Tuktoyuktuk, NWT. Era Helicopters will operate its Bell 412 helicopter, registration N168EH, serial number 33058 (or alternate), to conduct passenger and cargo transportation to and from Shell Canada’s oil exploration ship currently offshore of Tuktoyuktuk, NWT,  in preparation for this ship moving to Alaskan waters for summer oil exploration activities.

This exemption permits Era Helicopters to operate between Tuktoyuktuk, NWT and other Canadian points for a period of approximately 45 days prior to the drillship’s movement to U.S. waters.

Application

This exemption applies to Era Helicopters when operating  (1) one Bell 412 helicopter, registered in the United States, registration N168EH, serial number 33058 (or alternate), on a commercial air service in Canada, on behalf of Shell Canada and its Tuktoyuktuk offshore facility, for the conduct of a passenger and cargo transportation to and from Shell Canada’s oil exploration ship currently offshore of Tuktoyuktuk in preparation for this ship moving to Alaskan waters for summer oil exploration activities.   These flights will take place on an as required basis during the period of June 11, 2007 to July 31, 2007.

Conditions

This exemption is subject to the following conditions:

  1. Except in case of an emergency, Era Helicopters shall not make any change in the operation or type of aircraft without first obtaining authorization from the Minister;
  2. Operations permitted by this exemption shall be subject to the performance limitations contained in the approved aircraft flight manual associated with the Aircraft Operating Manual and Certificate of Airworthiness for the aircraft used;
  3. Era Helicopters shall be in possession of a valid permit, certificate, licence or other satisfactory document from Era Helicopters’ own state of registry, authorizing the operations for which this temporary exemption is granted;
  4. Era Helicopters shall be responsible for complying with the Transportation of Dangerous Goods Act, 1992 and Regulations and for obtaining any necessary permits while carrying dangerous goods on flights permitted by this exemption;
  5. Nothing in this exemption shall be held to relieve Era Helicopters from compliance with the provisions of any Canadian aviation documents that have been issued pursuant to the Aeronautics Act;
  6. Era Helicopters shall comply with all conditions and operations specifications, except the ones dealing with the areas of operation authorized, stipulated in its Canadian Foreign Air Operator Certificate as required by Canadian Aviation Regulation 701.02(1) and 701.08(1);
  7. When directed by Transport Canada, Era Helicopters shall make the aircraft available for inspection, both on the ground and inflight, by Airworthiness and Flight Operations Inspectors in accordance with the Aeronautics Act and the Canadian Aviation Regulations; and
  8. A copy of this exemption shall be carried on board the aircraft while operating in Canada.

Validity

This exemption is in effect until the earliest of the following:

  1. 23:59 hours EDT July 31, 2007;
  2. the date on which any one of the conditions set out in this exemption is breached; or
  3. 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 11th day of  June 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :