Order No. 2001-A-167

May 7, 2001

IN THE MATTER OF an application by New World 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 Gulfstream II and IV and Learjet 35 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-N232

New World Aviation, Inc. (hereinafter New World) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on April 30, 2001.Under Licence No. 990113, New World 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 New World's request as well as the specialized nature of operations provided by New World with executive configured Gulfstream II and IV and Learjet 35 aircraft. The Agency is of the opinion that, in the present circumstances, compliance by New World with section 103.3 of the Air Transportation Regulations (hereinafter the ATR), in respect of the use of executive type Gulfstream II and IV and Learjet 35 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 New World from the application of section 103.3 of the ATR in respect of the use of executive type Gulfstream II and IV and Learjet 35 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 New World 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.

New World 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, New World 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 New World'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.

New World 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, New World shall contact the Canada Customs and Revenue Agency.

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