Appendix C - Authorizations and Exemptions

Generally speaking, the CARs specify regulatory requirements which must be met. In some cases, the CARs stipulate that the Minister must approve a certain activity. In such cases, a Ministerial authorization may be issued.

In other instances, if someone wants to do something differently than is specified by regulation, then application for an exemption to the regulations must be made. If Transport Canada determines that the applicant meets both the "safety" and "public interest" tests, then an exemption may be given.

Safety and Public Interest Tests

Transport Canada determines whether or not granting an exemption would affect aviation safety. It is incumbent upon the applicant to prove that the "public interest" would be served by the exemption. In that respect, the applicant is responsible for submitting substantiating documentation to that effect. Such documentation must clearly demonstrate the "public interest", not the sole interest of a person or entity. It is not the responsibility of Transport Canada to prove the "public interest" on behalf of the applicant.

Determinations on whether or not an exemption is in the "public interest" are made by Domestic Air Policy in headquarters. Contact the Chief, Aircraft Registration and Leasing who will act as a liaison with Domestic Air Policy.

Signing authority

The schedules contained in the Delegation of Authority document set out who has signing authority (on behalf of the Minister) for authorizations and exemptions. This differs depending on the regulation affected and may be given to various levels within headquarters and the regions. The Delegation of Authority document may be found on the Civil Aviation Web Site, under the Regulatory Services Branch. It should be looked at to make sure that the appropriate person is signing an authorization or exemption.

Templates and Examples

Templates for an "exemption" and an "exemption cancellation" are included for reference. They have been developed by Regulatory Services in headquarters which is responsible for ensuring that exemptions adhere to legal requirements, both in terms of their content and format. Particular attention should be paid to follow the formatting (e.g. references to legislation are italicized) and wording (e.g. use "I hereby exempt" as opposed to "this corporation is exempted from") set out in these templates.

Examples of how to apply these exemption templates for Part II mark exemptions are included, as are sample authorizations for newly manufactured aircraft and aircraft operating without displaying marks.

("template" for an exemption)

EXEMPTION FROM SECTION (or SUBSECTION) ______ OF THE CANADIAN AVIATION REGULATIONS

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 (person, corporation and full address) from the requirement set out in section (or subsection as the case may be) ______ of the Canadian Aviation Regulations requiring that (describe what is required in the regulation using the wording found in the provision from which an exemption is being sought).

Purpose

The purpose of this exemption is to allow (person/corporation) to (describe what needs to be done that brings the person or corporation outside of the requirements of the regulation, along with any other reasons that make the exemption necessary; e.g. to harmonize with U.S. standards).

Application

This exemption applies to (describe both the aircraft, who will be operating it and also pursuant to which Air Operator Certificate number, if applicable).

Conditions

This exemption is subject to the following conditions:

  1. ......
  2. ......
  3. ......

Validity

This exemption is valid until the earliest of:

  1. EST at midnight on August 31, 1999;
  2. the date on which any condition 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 that it is no longer in the public interest or is likely to affect aviation safety.

DATED at (city), (province) the (day) of (month), (year), on behalf of the Minister of Transport.

(Name of signing official)
(Official’s title)
Civil Aviation (Region also if applicable)

("template" for cancelling an exemption)

EXEMPTION CANCELLATION FROM SUBSECTION ______OF THE CANADIAN AVIATION REGULATIONS

Application

Pursuant to subsection 5.9(2) of the Aeronautics Act, and validity clause ______ of the exemption granted to (person, corporation and address) of (city, province) on (date) under subsection ______ of the Canadian Aviation Regulations, this exemption is hereby cancelled.

No person shall operate aircraft without full compliance with the Canadian Aviation Regulations made pursuant to the Aeronautics Act.

Cancellation

This exemption is cancelled because it is the opinion of the Minister that it is no longer in the public interest (give reasons) or is likely to affect aviation safety.

DATED at (city, province), this (day), (month), (year), on behalf of the Minister of Transport.

Name of signing official
Official’s title
Civil Aviation
(name of Region, if applicable)

(sample mark exemption for aircraft other than ultra-light aeroplanes)

EXEMPTION FROM SECTION 202.04 OF THE CANADIAN AVIATION REGULATIONS

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 (registered owner's name and full address, including postal code) from the requirement set out in Section 202.04 of the Canadian Aviation Regulations requiring that where a certificate of continuing registration has been issued in respect of an aircraft, no person shall remove or change the marks that are displayed on an aircraft.

Purpose

The purpose of this exemption is to allow (registered owner) to change the current aircraft marks (insert marks) to (insert new marks).

Application

This exemption applies to (aircraft make, model, serial number).

Conditions

This exemption is subject to the following conditions.

  1. Upon receipt of the new marks, the current marks shall be removed and the new marks displayed on the aircraft in accordance with the requirements of the Canadian Aviation Regulations.

  2. The Mark Plate (if affixed) that displays the current marks shall be removed.

  3. The current marks on the aircraft identification plate shall be changed to the new marks. The aircraft identification plate may be removed to facilitate the mark change.

  4. Mode "S" Transponder-equipped aircraft shall have the transponder(s) reset to the code assigned to the new marks.

  5. The aircraft shall not be flown until it displays the new marks and a new Certificate of Registration and a new Certificate of Airworthiness (or flight authority) are issued and placed on board the aircraft. Amended Oct. 15/99.

  6. The new marks shall be displayed on the aircraft and the amended aircraft identification plate shall be affixed to the aircraft by (print date - allow 30 days). Amended Oct. 15/99.

Dated at (city, province), this (day, month year), on behalf of the Minister of Transport.

(name)
Regional Director
Civil Aviation
(name of Region)

(sample mark exemption for ultra-light aeroplanes)

EXEMPTION FROM SECTION 202.04 OF THE CANADIAN AVIATION REGULATIONS

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 (registered owner's name and full address, including postal code) from the requirement set out in Section 202.04 of the Canadian Aviation Regulations requiring that where a certificate of continuing registration has been issued in respect of an aircraft, no person shall remove or change the marks that are displayed on an aircraft.

Purpose

The purpose of this exemption is to allow (registered owner) to change the current aircraft marks (insert marks) to (insert new marks).

Application

This exemption applies to(aircraft make, model, serial number).

Conditions

This exemption is subject to the following conditions.

  1. Upon receipt of the new marks, the current marks shall be removed and the new marks displayed on the aircraft in accordance with the requirements of the Canadian Aviation Regulations.

  2. The Mark Plate (if affixed) that displays the current marks shall be removed.

  3. The current marks on the aircraft identification plate (if shown) shall be changed to the new marks. The aircraft identification plate may be removed to facilitate the mark change.

  4. The aircraft shall not be flown until it displays the new marks, the amended aircraft identification plate is affixed to the aircraft and a new Certificate of Registration is issued and placed on board the aircraft.

  5. The new marks shall be displayed on the aircraft and the amended aircraft identification plate shall be affixed to the aeroplane by (print date - allow 30 days).

Dated at (city, province), this (day, month year), on behalf of the Minister of Transport.

(name)
Regional Director
Civil Aviation
(name of Region)

(sample authorization for aircraft to operate without displaying marks)

AUTHORIZATION PURSUANT TO SUBSECTION 202.01(2) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 202.01(2) of the Canadian Aviation Regulations, I hereby authorize (insert name of registered owner) to operate (insert aircraft make, model, serial number) without affixing the Canadian marks solely for the purpose of flying in a sequence or sequences of events being filmed as part of the (insert exhibition, air show, motion picture or television production) entitled (insert name).

Conditions

This authorization is subject to the following conditions.

  1. If foreign nationality and registration marks are to be displayed, (name of registered owner) shall, prior to flight with the foreign marks affixed, obtain the consent of the air authority, whose marks are being displayed, to use those marks.

  2. The pilot-in-command of the aircraft shall:

     
    1. advise the appropriate Air Traffic Control that the aircraft is operated without Canadian marks being displayed prior to entering controlled airspace, and, if the aircraft is operating with substitute marks, advise Air Traffic Control what those marks are;

    2. in all radio communications with Air Traffic Control, use the aircraft’s Canadian registration marks as a call sign;

    3. not operate the aircraft without its Canadian marks except in accordance with this authorization and for ferry flights to and from the location where the (insert air show, exhibition, movie or television production) is taking place.

3. A copy of this authorization shall be carried on board the aircraft

Validity

This authorization is in effect for flights in (location of flights) area from (date of issue), until the earliest of:

  1. EST midnight on (expiry date);

  2. the date on which any requirement set out in this authorization is not complied with;

  3. the date on which the (exhibition, air show, motion picture or television production) is complete; or

  4. the date on which this authorization is cancelled in writing by the Minister.

Dated at (city, province), this (day, month, year) on behalf of the Minister of Transport.

(name)
Regional Manager
General Aviation
(name of Region)

(sample authorization for newly manufactured aircraft to operate without being registered)

AUTHORIZATION PURSUANT TO SECTIONS 202.07 AND 202.14 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Sections 202.07 and 202.14 of the Canadian Aviation Regulations, I hereby authorize (insert Canadian manufacturer’s name) to operate new aircraft manufactured and owned by it, without being registered, solely for the purpose of conducting production test flights, customer acceptance flights, or flights undertaken to complete the manufacturing process or to export the aircraft.

Conditions

This authorization is subject to the following conditions:

  1. An aircraft operated pursuant to this authorization shall be an aircraft that was manufactured in Canada by (Canadian manufacturer’s name):
     
    1. that has not accumulated a total of more than fifty (50) hours total flight time since date of manufacture; and

    2. in respect of which nationality and registration marks have been issued pursuant to the Canadian Aviation Regulations to a Canadian purchaser or to (Canadian manufacturer’s name).

2. Prior to affixing the nationality and registration marks, (Canadian manufacturer’s name), shall notify Transport Canada, Regional Manager, General Aviation, (region) Region of the aircraft model, serial number, and the marks being affixed to that aircraft.

3. During each production test flight, customer acceptance flight, flight undertaken to complete the manufacturing process or to export the aircraft:

  1. the nationality and registration marks shall be affixed once on each side of the aircraft fuselage;

  2. the minimum height of the marks shall be 15 cm (5.9 inches); and

  3. a copy of the authorization shall be carried on board the aircraft during flight time.

4. The pilot-in-command of each flight shall:

  1. be a designated (Canadian manufacturer’s name), Production Flight Test Pilot;

  2. hold a valid Canadian pilot licence appropriate to his duties; and

  3. be fully informed as to the content of this authorization.

5. After the completion of the operation of the aircraft for the purposes specified in this authorization, (Canadian manufacturer’s name), shall notify Transport Canada Regional Manager, General Aviation, (region) Region in writing, that the Canadian nationality and registration marks have been removed from the aircraft. In the case of an aircraft destined for registration to a Canadian operator, it is not necessary to remove the Canadian nationality and registration marks.

6. At the request of (Canadian manufacturer’s name), Transport Canada will notify the appropriate foreign air authority that "the aircraft has never been entered on the Canadian Civil Aircraft Register".

7. This authority is in effect from (date of issue), until the earliest of:

  1. 8. the date on which any requirement set out in this authorization is not complied with; or
  2. 9. the date on which this authorization is cancelled in writing by the Minister.

Dated at (city, province), this (day, month, year), on behalf of the Minister of Transport.

(name)
Regional Manager
General Aviation
(name of Region)

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