COPA FLIGHT 5 DELTA BRITISH COLUMBIA

COPA Flight 5 is the local chapter of the Canadian Owners and Pilots Association in the Delta, British Columbia area. For more details see About Flight 5.

COPA Flight 5 Young Eagles

Click on the Young Eagles link on the top navigation pane, or click HERE. This will bring you to our Young Eagles page. Here you will find all kinds of information about Young Eagles and the procedure to follow when showing up for our Registration Day.

Take Note: COPA Flight 5 will be standing down for Jul & Aug 2008.

Update on ELT’s 25 May 08

By Kevin Psutka
The planned release of the Gazette version of the regulation for public comment has been delayed until sometime this summer. Please check our web site often for notice of release of this document and instructions on how you can help stop this costly requirement to equip with a 406 ELT.
Transport Canada has listened to COPA’s strong warning that there must be a transition period to ensure that there is an adequate supply of ELTs and personnel to install them. COPA’s research indicates that at least three years must be provided. However, Transport Canada believes this can be accomplished much sooner and also feels that there must be some incentive to convert earlier rather than have everyone wait until the end of the period and create a bottleneck. So, they have chosen, against our advice, a two-year transition period and conditions that will require some, if not most owners, to equip much sooner.
The transition period will be released as an exemption to the regulation. Transport Canada has agreed to release the conditions now in order to give owners a heads-up on what to expect but since an exemption is not possible until the regulation is finalized (and this will not occur until the regulation completes the Gazette process sometime this Fall) the conditions are subject to change.
The regulation that effectively mandates 406 ELTs for our sector of aviation (gliders, balloons, ultralights (BULA and AULA) and parachute aircraft operating within 25nm are exempt in the draft regulation) will become effective on 1 February 2009. The following conditions determine when a particular aircraft is required to be equipped. Any aircraft not equipped as of 1 February 2009 must continue to carry a serviceable 121.5 ELT (C91 or C91a) until a 406 ELT (C126) is installed.
I would like to emphasize that although Transport Canada says that alternatives to 406 ELTs are permitted, the words that Transport Canada has chosen for the regulation effectively makes no alternatives available or affordable for our sector at this time or for the foreseeable future. So, unless something changes as the regulation works its way into law, Canadian and foreign aircraft will be required to equip with 406.
The draft regulation and planned exemption refer to "alternate means", which must meet the following criteria:
An alternate means of notification and location shall be a system:
(a) capable of providing immediate notification of an aircraft occurrence (without activation from the aircraft crew) to:
(i) a rescue coordination centre (RCC); or
(ii) a third party capable of immediately receiving and forwarding such information to a rescue coordination centre (RCC); and
(b) that allows for the location of the involved aircraft within an accuracy of 2.7 nautical miles (5 kilometres).
Note that tracking devices, such as SPOT www.findmespot.com that periodically provide very accurate reports unfortunately do not meet the requirement. In order to meet the requirement, they would have to report frequently enough so that the distance between reports is less than 2.7 nm. They also must be continuously monitored by a third party in order to qualify. Although SPOT is continuously monitored for 911 alerts, the crew must activate 911 and this action is not permitted by Transport Canada. SPOT tracking reports can only be continuously monitored if someone is online and watching the flight at all times.
Here are the conditions that determine when an aircraft must be equipped with a 406 ELT:
-New manufactured aircraft will be required to have a 406 ELT or alternate means on February 1, 2009;
-Any aicraft registered (new or used) following a change of ownership after February 1, 2009 will be required to have a 406 ELT or alternate means;
-Aircraft operated in western Canadian airspace bounded on its east side by longitude W 80° (approximately the Quebec/Ontario border) and on its south side by Latitude N 55°, and aircraft operated in eastern Canadian airspace bounded on its west side by longitude W 80° and on its south side by Latitude N 50°, will be required to have a 406 ELT or alternate means on February 1, 2009. This means that any aircraft operating north of these latitudes, including aircraft transiting to and from Alaska, will be required to be equipped with 406 ELTs as of 1 February 2009, with no transition permitted.
-For remaining aircraft, Transport Canada will permit the installation of the ELT to be done during the first annual inspection or other inspection (for those aircraft subject to a an approved maintenance schedule) that occurs after 1 February 2010. The specific wording is as follows. The exemption would cease to apply in respect of an aircraft, upon completion of the first annual inspection of that aircraft in accordance with CAR 625 Appendix B that occurs after 1 February, 2010. In the case of an aircraft that is subject to a maintenance schedule approved in accordance with CAR 625 Appendix D, the exemption would cease to apply upon completion of the first inspection that is required to be performed at an interval of 100 hours or greater, that occurs after 1 February, 2010. In any case the exemption would expire on 1 February, 2011.
An exemption is already in place to permit the basic installation of an ELT (not interfaced to any installed navigation or communication system) by an AME instead of an avionics shop.
COPA continues to work this issue from the political perspective and your help is needed to educate your Members of Parliament. Our web site explains how to get involved.

COPA Affiliation with Young Eagles Program in Long Term Negotiation

By John Quarterman
April 10, 2008

New EAA/COPA Young Eagles Agreement in Negotiation
This is to inform all flights and COPA members that COPA is awaiting a new draft agreement from the EAA which was originally expected to be in place for April 1st, 2008.

Temporary letter of Authorization in Place The agreement was originally expected to be concluded a month ago. In the interim, the COPA affiliation is continuing under the authority of the EAA by temporary letter of extension issued by the EAA, and good to May 1st. The new agreement must be in place by May 1st, else another extension will be required.
COPA’ temporary authorization from the EAA means that COPA is still affiliated with the Young Eagles program and can continue to perform Young Eagles flights. The relationship has been extended twice due to delays in the preparation of the EAA's new draft of the agreement between the two organizations.
COPA Must Meet New Specified and As-Yet-Unspecified Conditions
The new draft formal agreement is necessary because the EAA has changed its relationship requirements and specifications for the Young Eagles program. The EAA has recently said that COPA must meet new conditions to continue the Young Eagles program authorization and affiliation.
Young Eagles New Forms Not Strictly Pertinent to COPA
The Young eagles program has not substantially changed in the meantime, except that the forms and literature now distributed by the EAA state that to fly Young Eagles the pilots must be EAA members.   For the time being, this requirement to be EAA members does not pertain to COPA members and COPA flights performing Young Eagles Flights.

Latest Negotiations Are Part of a Continuing Process We have already met the previous requirements of the EAA by putting in place (more than a year ago), a comprehensive insurance policy meeting the EAA requirements as they were expressed at that time. One of the new requirements EAA has announced (and will be present in the new draft agreement), will require COPA to name EAA as one of the insured parties in its insurance. This latest requirement is difficult to meet, but we have no definitive answer from the insurance company as yet because they and we continue to wait for the EAA draft agreement.
Outcome of Negotiations COPA is cautiously hopeful that the terms and conditions present in the new draft agreement - can be met by COPA and will be the start of a new long-term relationship between the two organizations.
Instructions to COPA Flights Please check with COPA directly or by monitoring the COPA website that an agreement or an extension is in place before you carry out any Young Eagles flights after May 1st. Any announcement regarding Young Eagles will be on the front page of our website at: www.copanational.org
Young Eagles / COPA Program Background The Young Eagles program is a wholly-owned program of the EAA.   For several years many pilots from several organizations performed Young Eagles Flights. As we understand it, last year EAA changed the requirements to restrict the Young Eagle Pilots those with EAA membership. According to our information, the only external organization that has recently been allowed to continue perform Young Eagles flights and participate in the program without pilots being EAA members, is COPA and the COPA flights.

Florida Use-Tax Does Not Apply To Canadian Registered Aircraft 
March 28th, 2008
COPA, working on behalf of its 18, 000 members has confirmed in telephone Discussions with the US State of Florida Department of Revenue that Canadians should have no concerns regarding the State of Florida Use Tax on Aircraft.
Mr. George “Tony” Hamm, the Chief Assistant General Counsel for the Florida Department of Revenue, stated to us that “generally speaking, absent a significant connection to the State of Florida, Canadian Registered Aircraft are not subject to the Florida Use Tax.”   Mr Hamm went on further to explain that visiting aircraft owned by non-residents temporarily in this state for pleasure are not targeted, that fly-ins are not targeted, and that legislation is currently pending that, if enacted, will set forth a safe harbour exemption more clearly. “Our use tax enforcement activities are directed at Florida residents, owners of Florida real estate and owners or participants in Florida businesses,” Hamm said.
Mr Hamm made it plain that Canadians coming simply to enjoy the annual Sun & Fun Fly-in have nothing to fear from this tax.
COPA is awaiting written confirmation of the foregoing determination and position regarding Canadian Registered Aircraft not being subject to the Florida Use Tax, and we have been assured we will receive this confirmation in a few days.   We will post any letter received from the Florida Department of Revenue in due course.

Banff & Jasper to stay open
14 March 2008
An important milestone was reached today in the effort to retain these two reliever airstrips. The Government of Canada recognized pilot safety comes first and therefore announced both Banff and Jasper airstrips will remain open for emergency and diversionary use.
In two separate press releases for Banff and Jasper the Honourable John Baird, Minister responsible for Parks Canada and the Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities, Mr. Myron Thompson, Member of Parliament for Wild Rose, Mr. Rob Merrifield, Member of Parliament for Yellowhead, and Mr. Brian Jean, Parliamentary Secretary to the Minister of Transport, Infrastructure and Communities, announced that both airstrips will be relisted in the National Park Aircraft Access Regulations for emergency and diversionary use and, for Jasper, the airstrip will also be available for recreational use.  “I am pleased that the government agrees with COPA’s long-standing position that decommissioning these airstrips would pose a significant flight safety hazard for pilots and their passengers as they navigate the major mountain passes with their unpredictable weather,” COPA President and CEO Kevin Psutka said. “These airstrips have special status and members should use them with care to ensure that any environmental impacts are minimized.”  As pointed out in the government press releases, there remains some work to do in order to ensure that the airstrips are in compliance with Transport Canada regulations. Pilots should check future editions of the Canada Flight Supplement for the official status but remember that they remain available now for emergency and diversionary use.
“To everyone who had a part in this success, from our Banff and Jasper team to the many members who took the time to express their views, thank you,” Pustka said.

A great victory for aviation in Quebec, and for Canada!
COPA’s member-donated Special Action Fund www.copanational.org/non-members/fund.htm has been hard at work in Quebec and we are pleased to report that in the Laferriere-Gervais case the Court of Appeal overturned an order from the Commission de Protection du Territoire Agricole (CPTAQ) who ordered Appellants Bernard Laferrière and Sylvie Gervais to stop the operation of the aerodrome that they had created on their property and the demolition of the hangar where they stored and maintained their aircraft.
The Court declared that the "Act Respecting the Preservation of Agricultural Land and Agricultural Activities" R.S.Q. chapter P-41.1 is not applicable to aeronautical activities. The Court relying on past and recent Supreme Court decisions restated the exclusive federal jurisdiction in matter of aeronautics including the location of airports and aerodromes, and reiterated that provincial and municipal planning and zoning legislation does not apply to airports.
The Court of Appeal therefore reversed its 1990 decision in the Berthier St Louis case which was the basis for the previous decisions in the Laferrière-Gervais case.
Basing its decision on many decisions elsewhere in Canada, including ones in which COPA was involved; the Court of Appeal reasserted the exclusive federal jurisdiction over aeronautics and particularly the essential link between all types of aerodromes and aeronautics.
Of national importance is that the Quebec Court of Appeal revised its past position with regards to the Act Respecting the Preservation of Agricultural Land and Agricultural Activities, based on an extensive review of past and recent Supreme Court of Canada jurisprudence as well a number of Ontario Court of Appeal decisions. The Court stated clearly that provincial zoning legislation cannot regulate the location of airports within the province, only the federal authority has that power. The Court asserts that this exclusive federal competence implies the responsibility to harmonize the development of aviation with the protection of agricultural activities as well as greater territorial planning ("les grandes orientations d’usage du territoire") but affirms that nonetheless, there is only one authority to reconcile these various objectives in such matters, and that is the federal authority.
In a parallel judgement, in which COPA also had Intervenor status, the Court of Appeal overturned the decision of the Quebec Superior Court forcing Air Mauricie to stop its commercial operation at Lac Gobeil following an injunction request of the Municipality of Sacre-Coeur. Although the issue was different, the principles were the same and the same arguments were used to overturn the previous decision.
These achievements would not have occurred without COPA intervening and this was only made possible because of the Special Action Fund. A great battle is won but this doesn’t mean that the war is over. The opponents can still petition the Supreme Court of Canada for leave to appeal and if this occurs, COPA’s Special Action Fund will again be used to support the effort. The Fund has been significantly depleted in the effort to date. Now more than ever it is important to contribute to the fund (Donation form here www.copanational.org/non-members/fund.htm) in order to ensure that money remains available for this and other cases where our freedom to fly is challenged.
For members who have aerodromes that have been challenged by the CPTAQ, our advice does not change. COPA has chosen these cases to establish the federal jurisdiction principle. The Special Action Fund does not have the capacity to chase each and every challenge. Therefore, until the results of an appeal (if any) are known, members are on their own to decide whether to legally challenge or comply with any orders in place from the CPTAQ.

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