EXEMPTION FROM PARAGRAPH 604.01(b) & SUBSECTION 700.02(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 an air operator as lessee, EXECAIRE INC., 10225 Ryan Avenue, Dorval, Quebec, H9P 1A2 from the requirements set out in paragraph 604.01(b) and subsection 700.02(1) of the Canadian Aviation Regulations (CARs) only when in the leasing circumstance where an air operator as lessee operates the aircraft under Subpart 704 of the CARs and the lessor retains the lessee to provide an air transport service to the family of the lessor, and employees, or dependent and independent contractors working for the lessor, subject to the following conditions.

Paragraph 604.01(b) requires that Subpart 604 of the CARs applies in respect of the operation of a Canadian aircraft that is used for the transport of passengers, where the aircraft is not required to be operated under Subpart 6 of Part IV or under Part VII of the CARs;

Subsection 700.02(1) requires 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.

Purpose

The purpose of this exemption is to allow the air operator as lessee when in a leasing arrangement where the lessor is the aircraft title holder with no air operator certificate and the lessee has legal custody and control of the aircraft with an air operator certificate issued pursuant to Subpart 704 of the CARs, to operate the aircraft under Subpart 604 of the CARs to transport the family of the lessor, and employees, or dependent and independent contractors working for the lessor, for that activity and time period only, after completion of which the air operator (lessee) reverts back to compliance with Subpart 704 of the CARs.

Application

This exemption applies to a lease agreement between RIO ALGOM LIMITED and EXECAIRE INC., the air operator, for the term of May 1st, 2001 to April 1st, 2004 only when in this defined leasing circumstance, and for the period of the Subpart 604 service.

This exemption applies to a CL-600-2B16, Variant 604 aircraft, Registration No. C-GRIO, Serial Number 5353 . This aircraft is operated at all times by the air operator as lessee to conduct an air transport service pursuant to an air operator certificate issued under Subpart 704 of the CARs.

The air operator as lessee operating the aircraft pursuant to Subpart 704 of the CARs may operate the aircraft pursuant to Subpart 604 of the CARs only when the lessor retains the services of the air operator to provide an air transport service to the family of the lessor, and employees, or dependent and independent contractors working for the lessor.

Conditions

This exemption is granted subject to the following conditions:

  1. The lessee must have legal custody and control of the aircraft for the term of the lease agreement.
  2. The lessor must not dispose of any interest in the aircraft for the term of the lease agreement.
  3. The lease agreement must include the list of persons to be transported on behalf of the lessor.
  4. The lessee must inform the Minister of Transport within 14 days when there is any change to the list of persons to be transported.
  5. The lessee must have the aircraft type on its Air Operator Certificate.
  6. The aircraft when operated under this exemption cannot be operated by a sub-lessee.
  7. The lease agreement must give a description of the aircraft by model designation, serial number, registration marks.
  8. The aircraft must be maintained at all times pursuant to Subpart 704 of the CARs.
  9. This exemption is issued pursuant to the terms of the lease agreement between RIO ALGOM LIMITED, as lessor and EXECAIRE INC. as lessee, dated April 10th, 2001.
  10. The lessee must provide a copy of this lease agreement to the Minister of Transport to be kept on record.
  11. A copy of this exemption and an up-to-date list of persons to be transported on behalf of the lessor must be carried in the aircraft journey log-book.

Validity

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

  1. EST 23 h 59, December 31, 2001;
  2. The date on which the lease agreement is breached, canceled, terminated or expires;
  3. The date on which one of the conditions set out in the exemption is breached;
  4. The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or
  5. 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 that it is likely to affect aviation safety.

Dated at Dorval, Quebec, this 18th day of April 2001, on behalf of the Minister of Transport.

Yves Gosselin

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