Decision No. 126-A-2002

March 20, 2002

File No. M4210-2/B

Docket No. 020219

Bombardier Inc. (hereinafter Bombardier) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the ruling set out in the title. The application was received on February 6, 2002.

Bombardier states that it has recently been approached with what it considers to be a viable start-up operation proposing to use a large fleet of 30-plus seat turboprop aircraft, serving smaller communities in eastern Canada. This prospective client is considering using either the Dash 8 Series 100/200 aircraft [medium aircraft] or foreign manufactured aircraft [small aircraft] of similar capacity. As the licensing requirements are more stringent for medium aircraft, Bombardier is concerned that the Dash 8 Series 100/200 aircraft will not be considered for this reason.

Bombardier maintains that the ramifications of not considering the Dash 8 Series 100/200 aircraft include the loss of support related jobs to the Canadian aviation and aerospace industry together with reduced choice for the Canadian travelling public.

Bombardier advises that the Dash 8 Series 100/200 aircraft is certified, according to Transport Canada's Type Certificate Data Sheet, to carry up to 39 passengers, "40 passengers when fitted with an approved interior". Of 390 such aircraft manufactured by Bombardier in Canada, only eight were manufactured in a 40-seat configuration. Three of those eight remain in service and are currently located in New Zealand. Bombardier adds that the 40-seat configuration has not been available since 1990 and is no longer offered as an option.

Bombardier recognizes that the Dash 8 Series 100/200 aircraft is a 40 seat "medium aircraft", as defined in the Air Transportation Regulations (hereinafter the ATR). However, given the notation in the Type Certificate Data Sheet ("40 passengers when fitted with an approved interior"), coupled with both the economic advantages to Canada, and the ability to provide the travelling public with what it considers to be the most viable aircraft for their needs, it requests the Agency to designate the Dash 8 Series 100/200 aircraft as a 39 seat aircraft.

Pursuant to section 2 of the ATR, "small aircraft" means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of not more than 39 passengers. In addition, pursuant to the ATR, "certificated maximum carrying capacity" means (a) the maximum number of passengers specified in the Type Approval Data Sheet or the Type Certificate Data Sheet issued or accepted by the competent Canadian authority [Transport Canada] for the aircraft type and model.

The Agency has carefully considered Bombardier's request. Agency staff has also consulted with Transport Canada staff who advise that currently no Dash 8 Series 100/200 aircraft operated by Canadians is fitted with an approved interior of 40 seats. In addition, the Agency has been advised that Transport Canada may issue a Canadian Air Operator Certificate, upon request from an applicant, with an added special condition that limits the aircraft carrying capacity to no more than 39 passengers.

The Agency finds that the Dash 8 Series 100/200 aircraft 40-seat configuration is a medium aircraft within the meaning of the ATR. However, the Agency is of the opinion that, when a Canadian Air Operator Certificate contains a special condition limiting the carrying capacity of a Dash 8 Series 100/200 aircraft to no more than 39 passengers, any application for a licence filed in that regard will be dealt with as an application for a licence using small aircraft.

Accordingly, any application for a licence to operate a Dash 8 Series 100/200 aircraft as a small aircraft must include the Canadian Air Operator Certificate containing the special condition as set out above.