EXEMPTION FROM SUBPARAGRAPH 703.07(2)(b)(ii) OF THE CANADIAN AVIATION REGULATIONS AND SUBCLAUSE 723.07(2)(b)(i)(B)(II) OF THE COMMERCIAL AIR SERVICE STANDARDS (AEROPLANE)

Pursuant to subsection 5.9(2) of the Aeronautics Act and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Canadian air operators operating air taxi services (aeroplane) from the requirements of subclause 723.07(2)(b)(i)(B)(II) (aeroplane) of the Commercial Air Service Standards (CASS) made pursuant to subparagraph 703.07(2)(b)(ii) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subparagraph 703.07(2)(b)(ii) requires air operators to employ Chief Pilots who have been approved by the Minister in accordance with the CASS.

Subclause 723.07(2)(b)(i)(B)(II) of the CASS stipulates that Chief Pilots must have as qualifications at least 500 hours flight time of which 250 hours shall be as pilot-in-command within the preceding three (3) years on the same category and class of aircraft being operated.

Purpose

The purpose of this exemption is to enable Canadian air operators operating air taxi services (aeroplane) under subpart 3 of Part VII of the CARs to employ Chief Pilots that have met the Chief Pilot requirements at the time of their initial appointment without having to comply with the requirement of having acquired 250 hours of flight time as a pilot-in-command within the preceding three (3) years on the same category and class or type of aircraft being operated on a ongoing basis.

Application

This exemption applies to Canadian air operators operating air taxi services (aeroplane) when employing Chief Pilots, where the Chief Pilots have met the requirements on that class and type of aircraft being operated as pilot-in-command when initially appointed, but has not acquired 250 hours of flight time as a pilot-in-command within the preceding three (3) years on the same category and class of aircraft being operated on a on-going basis.

Condition

This exemption is subject to the following condition:

For initial appointment to the position of Chief Pilot, the Chief Pilot candidate, employed by Canadian air operators operating air taxi services (aeroplane), shall have at least 500 hours of flight time, of which 250 hours shall be as a pilot-in-command within the preceding three (3) years on the same category and class of aircraft being operated.

Validity

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

a) June 1st, 2005 at 23:59 EDT;
b) the date on which the condition set out in this exemption is breached;
c) the date on which an amendment to the appropriate provisions of the CARs or related standards comes into effect;
d) 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 Ottawa, this 19th day of December 2003, on behalf of the Minister of Transport.

Original signed by:

M.R. Preuss
Director General
Civil Aviation

 

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