Order No. 2000-A-339

September 12, 2000

September 12, 2000

IN THE MATTER OF an application by ACM Aviation, Inc. for an exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended, in order to permit it to operate its executive type Challenger CL600 and Falcon 50 and 900 aircraft without notifying the Canadian Transportation Agency prior to the departure of each U.S. originating transborder charter flight or series of flights.

File No. M5125-A11


ACM Aviation, Inc. (hereinafter ACM) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on September 1, 2000.

Under Licence No. 967260, ACM is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.

The Agency has reviewed ACM's request and its past exemptions, as well as the specialized nature of operations provided by ACM with executive configured Challenger CL600 and Falcon 50 and 900 aircraft. The Agency is of the opinion that, in the present circumstances, compliance by ACM with section 103.3 of the Air Transportation Regulations (hereinafter the ATR), in respect of the use of executive type Challenger CL600 and Falcon 50 and 900 aircraft for transborder flights, is impractical.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, hereby exempts ACM from the application of section 103.3 of the ATR in respect of the use of executive type Challenger CL600 and Falcon 50 and 900 aircraft for U.S. originating transborder flights for a period of one year effective from the date of this Order.

The exemption granted herein is subject to ACM complying with the filing requirements of the Agency as set out below and the requirements of other government departments, including Transport Canada and the Canada Customs and Revenue Agency.

All other charter flights must be applied for in the normal manner as outlined in the ATR.

ACM is reminded that statistics concerning all charter flights must be filed on a monthly basis with the Aviation Statistics Centre, Ottawa, K1A 0N9, within 30 days of the end of each month.

In addition to the above-mentioned statistics, ACM is to provide the Agency within 30 days from the end of each month, with the following details for each flight operated under this authority:

  • name of charterer, origin and destination, date(s) of operation, number of passengers carried, aircraft utilized.

Any application for an extension to this exemption should be filed with the Agency in writing at least 30 days prior to the termination date of this exemption. The application should include a copy of ACM's certificate of insurance, if not already on file, and any information pertaining to changes in the corporate structure and/or equipment, i.e. Canadian aviation document change, aircraft type, name change, etc.

ACM is required to contact Transport Canada or the local airport authority regarding permission to operate at specific times or to use any airport facility. With respect to the availability of clearance services, ACM shall contact the Canada Customs and Revenue Agency.

ACM must comply with the applicable requirements of all legislative acts or regulations, including those of Transport Canada.

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