Order No. 2000-A-237
July 5, 2000
IN THE MATTER OF an application by Lynden Air Cargo, LLC doing business as Lynden Air Cargo doing business as Loken Aviation for an exemption from the requirement to hold a domestic licence in order to permit it to operate one flight, on behalf of Le Bas International, between Montréal, Quebec and Edmonton, Alberta, using a Hercules L-382G aircraft, for the purpose of transporting a B-757 aircraft engine on July 5, 2000.
File No. M4211/L168-2
Lynden Air Cargo, LLC doing business as Lynden Air Cargo doing business as Loken Aviation (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on July 5, 2000.
Under Licence No. 970109, the applicant is authorized to operate a non-scheduled international service to transport cargo on a charter basis between points in the United States of America and points in Canada.
The applicant does not hold a domestic licence for operations in Canada and Condition No. 2 of Licence No. 970109 prohibits it from carrying local traffic between points in Canada.
In order to operate a flight to carry traffic from a point in Canada to another point in Canada, an exemption from the requirement to hold a licence as prescribed under paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), authorizing the operation of a domestic service pursuant to section 61 of the CTA is required.
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:
- is a Canadian,
- holds a Canadian aviation document in respect of the service to be provided under the licence, and
- has the prescribed liability insurance coverage in respect of the service to be provided under the licence.
Section 62 of the CTA provides, in part, that where the Minister considers it necessary or advisable in the public interest that a domestic licence be issued to a person who is not a Canadian, the Minister may, by order, exempt the person from the application of subparagraph 61(a)(i) of the CTA.
On July 5, 2000, the Minister of Transport issued an order, pursuant to section 62 of the CTA, exempting the applicant from the application of subparagraph 61(a)(i) of the CTA. The exemption was granted on the condition that the applicant operate one flight between Montréal, Quebec and Edmonton, Alberta, using a Hercules L-382G aircraft, for the purpose of transporting a B-757 aircraft engine on July 5, 2000.
On July 5, 2000, Transport Canada exempted the applicant from the requirement to hold an air operator certificate until 23:59 hours (EDT) on July 6, 2000.
The applicant has the prescribed liability insurance coverage for the operation of a service within Canada.
The Agency has considered the matter and is of the opinion that, in the present circumstances, compliance by the applicant with the provisions of paragraph 57(a) of the CTA is undesirable.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts Lynden Air Cargo, LLC doing business as Lynden Air Cargo doing business as Loken Aviation from the requirement to hold a licence to operate a domestic service as required under paragraph 57(a) of the CTA, in order to permit it to operate, on behalf of Le Bas International one flight between Montréal, Quebec and Edmonton, Alberta, using a Hercules L-382G aircraft, for the purpose of transporting a B-757 aircraft engine on July 5, 2000.
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