EXEMPTION TO SUBSECTION 700.02(1) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautic 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 Angel Flight of British Columbia, Registered Charitable Corporation (#S-42900), P.O. Box 2623, Sidney, British Columbia, V8L 4C1, Canada, from the requirements of subsection 700.02(1) of the Canadian Aviation Regulations.

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.

Purpose

The purpose of this exemption is to allow Angel Flight of British Columbia, Registered Charitable Corporation (#S-42900) to conduct flights carrying patients on the Victoria – Vancouver routes or Vancouver Island routes, the Gulf Islands, aerodromes on the BC Coast adjacent to Vancouver Island and suitable aerodromes on Vancouver Island, namely Powell River and Sechelt and aerodromes on the Sunshine Coast and the Lower Mainland of BC up to and including Hope, namely Boundary Bay, Abbotsford, Pitt Meadows, Chilliwack and Vancouver, without holding an air operator certificate.

Conditions

This exemption is issued subject to the following conditions:

  1. flights shall be conducted to carry ambulatory patients and escorts;
  2. pilots shall be compensated for the use of their aircraft in accordance with the provisions of subsection 401.28(4) of the Canadian Aviation Regulations;
  3. flights shall be conducted under Day VFR conditions;
  4. flights may be conducted under Night VFR conditions only where there is an unforcast delay in patient treatment, precluding a planned Day VFR return flight;
  5. each Night VFR flight shall require prior approval of the Director of Operations or his designated deputy;
  6. the pilot-in-command shall hold an instrument rating for any Night VFR operations; and
  7. Angel Flight of British Columbia shall develop a company operations manual containing the following:
    1. procedures and use of safety equipment;
    2. airworthiness;
    3. pilot indoctrination of new pilots and recurrent training of pilots;
    4. pilot licences and medicals; and
    5. passenger briefings.

Validity

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

  1. September 30, 2006, 23:59 PST;
  2. the date on which any of the conditions set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or
  4. 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.

Cancellation

The exemption from the requirements of subsection 700.02(1) of the Canadian Aviation Regulations, issued to Angel Flight of Vancouver Island (#S-42900), P.O. Box 2623, Sidney, British Columbia, V8L 4C1, Canada, on September 18, 2003, at Ottawa by the Director General Civil Aviation on behalf of the Minister of Transport is hereby cancelled and replaced with the present exemption which will be extended until September 30, 2006.

Dated at Ottawa, Canada, this 21st day of February 2005, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director general,
Civil Aviation

Date de modification :