EXEMPTION FROM PARAGRAPH 700.04(3)(a) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt a person who is a citizen, permanent resident or corporation of Chile and who is eligible to operate a Specialty Air Service (SAS) in Canada in accordance with Chapter H of the Canada-Chile Free Trade Agreement (CCFTA) (attached at Appendix A), hereinafter referred to as the “air operator”, from the requirements set out in paragraph 700.04(3)(a) of the Canadian Aviation Regulations (CARs), subject to the conditions specified in this exemption.

Paragraph 700.04(3)(a) of the CARs stipulates that a person who is a citizen, permanent resident or corporation of the United States of America or Mexico is eligible to hold an air operator certificate that authorizes the person to conduct aerial work in Canada if the aerial work is a SAS for which the person may obtain an operating certificate in accordance with Chapter 12 and Annex I - Canada of the North American Free Trade Agreement (NAFTA).

PURPOSE

The purpose of this exemption is to allow Chilean air operators who are eligible to operate a SAS in Canada under the CCFTA to obtain an air operator certificate to conduct aerial work in Canada without having to be a citizen, permanent resident, or corporation of the United States of America or Mexico, or a signatory of the NAFTA.

The CCFTA was ratified by Canada and Chile on June 1, 1997.  The intent of the agreement, among other things, is to promote cross-border trade of SAS amongst the signatories of the Agreement.

“Specialty Air Services” is defined in Article H-12 of the CCFTA to mean aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services. (Please see Appendix A to this exemption).

APPLICATION

This exemption applies to a person who is a citizen, permanent resident or corporation of Chile that is eligible to operate a SAS in Canada, in accordance with Chapter H and Annex I (Schedule of Canada) of the CCFTA.

CONDITIONS

This exemption is subject to the following conditions:

  1. The air operator shall hold a valid SAS Authorization issued by the Chilean Civil Aviation Authority;

  2. The air operator shall include the following information with the application for a Canadian Foreign Air Operator Certificate – Free Trade Agreement (FAOC-FTA):

    1. the legal name and trade name of the company and address of the foreign air operator;
    2. a list of the types of SAS operations proposed in Canada;
    3. a list of special provisions required from the foreign air operator’s state of origin;
    4. the pilot(s) name(s), licence number(s) and type of licence held;
    5. the aircraft authorized for use in Canada listed by aircraft make, model, nationality and registration marks or numbers;
    6. the effective dates of operation, of which the date of termination is not to exceed one year from the date of issue;
    7. the base of operation of the foreign air operator in his country; and
    8. a copy of the Foreign Certificate of Authorization issued by the State of the foreign air operator; and

  3. The air operator shall hold aCanadian FAOC-FTA, which shall be valid for a maximum period of one year, unless amended, suspended or revoked.

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 following comes into effect:
    1. the deletion of section 700.03 of the CARsand section 720.03 of the Commercial Air Service Standards (CASS);
    2.  the amendment of subsection 700.04(3) of the CARs; and
    3. the promulgation of Subpart 707 of the CARs and Subpart 727 of the CASS; 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 Ottawa, Ontario, Canada this 28th day of November 2006, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

M.R. Preuss
Director General
Civil Aviation

APPENDIX A

EXCERPT FROM CANADA-CHILE FTA (CCFTA)
(Ratified by Canada and Chile on June 1, 1997)

Article H-12: Definitions

  1. For purposes of this Chapter, a reference to a national or provincial government includes any non-governmental body in the exercise of any regulatory, administrative or other governmental authority delegated to it by that government.
  2. For purposes of this Chapter:

    cross-border provision of a service or cross-border trade in services means the provision of a service:

    1. from the territory of a Party into the territory of the other Party;
    2. in the territory of a Party by a person of that Party to a person of the other Party; or
    3. by a national of a Party in the territory of the other Party,

    but does not include the provision of a service in the territory of a Party by an investment, as defined in Article G-40 (Investment - Definitions), in that territory;

    enterprise means an "enterprise" as defined in Article B-01 (Definitions of General Application), and a branch of an enterprise;

    enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there;

    existing means in effect on January 1, 1994 for Canada and December 29, 1995 for Chile;

    financial service means a service of a financial nature, including insurance, and services incidental or auxiliary to a service of a financial nature;

    professional services means services, the provision of which requires specialized post-secondary education, or equivalent training or experience, and for which the right to practice is granted or restricted by a Party, but does not include services provided by trades-persons or vessel and aircraft crew members;

    quantitative restriction means a non-discriminatory measure that imposes limitations on:

    1. the number of service providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or
    2. the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative means;
      service provider of a Party means a person of a Party that seeks to provide or provides a service; and

    specialty air services means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services.

 

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