Decision No. 14-A-2015

Phoenix Air Group, Inc. carrying on business as Phoenix Air (applicant) has applied to the Canadian Transportation Agency (Agency) for an exemption from the requirement to hold a domestic licence to allow it to use its specially equipped Gulfstream III aircraft to conduct MEDEVAC operations between points in Canada to transport patients infected with the Ebola virus.

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 traffic on a charter basis between points in Canada and points in the United States of America, it has no authority to operate flights between points in Canada.

In support of its application, the applicant states that it has the only viable and government-certified aircraft in the world capable of transporting persons infected with highly contagious diseases such as the Ebola virus. In addition, the applicant states that its aircraft are operated under contract with the United States Department of State under its U.S. Federal Aviation Administration Part 135 certificate. The applicant submits that the Canadian Government has an agreement in place with the United States Department of State to access these highly specialized aircraft for missions both within Canada and between Canada and the United States of America. 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 December 8, 2014, the Minister of Transport issued the Phoenix Air Group Inc. Exemption Order, 2014, 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. Phoenix Air Group, Inc. may operate domestic flights to carry Ebola Virus Disease patients, healthcare providers, and Phoenix Air Group, Inc.’s crew members within Canada from point to point.
2. This exemption shall apply for the period of one year, beginning on November 30, 2014.

On December 8, 2014, Transport Canada exempted the applicant from the requirement to hold an air operator certificate to allow the applicant and its flight crew members to conduct MEDEVAC operations between points in Canada under the terms of the agreement between the United States Department of State and Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services.

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 and its flight crew members to conduct MEDEVAC operations between points in Canada under the terms of the agreement between the United States Department of State and Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services.

This exemption is in effect during the period of validity of both the Phoenix Air Group Inc. Exemption Order, 2014, of December 8, 2014 and the Transport Canada exemption of December 8, 2014 and is limited to the carriage of Ebola Virus patients, health care providers and the applicant’s crew members.