Order No. 2000-A-348

September 19, 2000

File No. M4212/H69-2

Heavylift Cargo Airlines Ltd. (hereinafter Heavylift) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on the Agency's after hours service on July 29, 2000.

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:

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.

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 29, 2000, the Minister of Transport issued an order, pursuant to section 62 of the CTA, exempting Heavylift from the application of subparagraph 61(a)(i) of the CTA.

On July 29, 2000, Transport Canada exempted Heavylift from the requirement to hold an air operator certificate until 23:59 hours (EDT) on July 31, 2000.

Heavylift verbally confirmed that it had 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 Heavylift 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 Heavylift 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 a flight, using an AN 124 aircraft, carrying an aircraft engine for Air Transat between Montréal, Quebec and Edmonton, Alberta on July 29, 2000.

This Order takes effect on July 29, 2000, the date on which its content was communicated verbally to Heavylift.