Decision No. 110-A-2015

Volga-Dnepr Airlines (applicant) has applied to the Canadian Transportation Agency (Agency) for an exemption from the requirement to hold a domestic licence to allow it to operate one flight on April 13, 2015, from Vancouver, British Columbia, Canada to Iqaluit, Nunavut, Canada, returning on April 18, 2015 to carry a Sikorsky S-64 helicopter on behalf of Erickson Air Crane Inc. (Erickson Crane) using an Antonov 124‑100 aircraft.

Paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) provides that no person shall operate an air service unless, in respect of that service, the person holds a licence issued under Part II of the CTA.

While the applicant is licensed to operate a non-scheduled international service to transport goods on a charter basis between points in Canada and points in Russia, it has no authority to operate flights between points in Canada.

In support of its application, the applicant states that the flight is in response to an emergency situation in the Nunavut community of Pangnirtung which has minimal to no electrical power. The applicant points out that the Sikorsky S-64 helicopter cannot fit into any other aircraft other than an Antonov 124-100 due to its shipping dimensions. Therefore, in order to operate flights within Canada, the applicant is requesting an exemption from the requirement to hold a licence, as prescribed under paragraph 57(a) of the CTA, authorizing the operation of a domestic service.

Pursuant to paragraph 61(a) of the CTA, the Agency shall issue a licence to operate a domestic service to an applicant if the applicant establishes to the satisfaction of the Agency that it, among other things:

1. is a Canadian,
2. holds a Canadian aviation document in respect of the service to be provided under the licence, and
3. has the prescribed liability insurance coverage in respect of the service to be provided under the licence.

On April 10, 2015, the Minister of Transport issued the Volga-Dnepr Airlines, Exemption Order 2015 pursuant to section 62 of the CTA, exempting the applicant from the application of the requirement to be Canadian as set out in subparagraph 61(a)(i) of the CTA, under the following conditions:

1. Volga-Dnepr Airlines may operate domestic flights between April 13, 2015 and April 19, 2015 to carry the S-64 Skycrane, on behalf of Erickson Crane, between Vancouver and Iqaluit.
2. Volga-Dnepr Airlines may operate one AN-124-100 aircraft.

On April 10, 2015, the Minister of Transport also exempted the applicant until May 1, 2015 from the requirement to hold an air operator certificate to conduct airlift of a Sikorsky S-64 helicopter belonging to Erickson Crane between Vancouver and Iqaluit.

The applicant has the prescribed liability insurance coverage in respect of the proposed operation.

The Agency has considered the application and finds that compliance by the applicant with paragraph 57(a) of the CTA is impractical in this case.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts the applicant from the application of paragraph 57(a) of the CTA to allow the applicant to operate one flight from Vancouver to Iqaluit and return to carry a Sikorsky S-64 helicopter on behalf of Erickson Crane using an Antonov 124-100 aircraft.

This exemption is in effect during the period of validity of the Volga-Dnepr Airlines, Exemption Order 2015 and the Ministerial Exemption both dated April 10, 2015.

This Order takes effect as of April 11, 2015, the date on which it was communicated verbally to the applicant.