Order No. 2002-A-115

March 15, 2002

March 15, 2002

IN THE MATTER OF an application by World Airways, Inc. for an exemption from the requirement to hold a domestic licence in order to permit it to operate, on behalf of the Yukon Territory Government, one round-trip flight to transport athletes from the Yukon Territory to the Arctic Winter Games in Iqaluit, Nunavut, and Kangerlussuaq, Greenland, using a DC10-30/320 seat aircraft, from Whitehorse, Yukon Territory, to Iqaluit on March 16, 2002 and from Iqaluit to Whitehorse on March 23/24, 2002.

File No. M4211/W75-2


World Airways, Inc. (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 March 7, 2002.

Under Licence No. 977370, the applicant 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 applicant does not hold a domestic licence for operations in Canada and Condition No. 2 of Licence No. 977370 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,:

  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 of Transport 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 March 15, 2002, 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 round-trip flight between Whitehorse, Yukon, and Iqaluit, Nunavut, using a DC10-30 aircraft (Registration Number N14075, Serial Number 46922), during the period commencing on March 16, 2002 and ending on March 30, 2002.

On March 15, 2002, Transport Canada exempted the applicant from the requirement to hold an air operator certificate until 23:59 hours (EST) on March 30, 2002.

The applicant has the prescribed liability insurance coverage for the operation of a service within Canada.

The Agency has carefully 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 impractical.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts World Airways, Inc. from the requirement to hold a domestic licence in order to permit it to operate, on behalf of the Yukon Territory Government, one round-trip flight to transport athletes from the Yukon Territory to the Arctic Winter Games between Whitehorse, Yukon, and Iqaluit, Nunavut, using a DC10-30 aircraft (Registration Number N14075, Serial Number 46922), during the period commencing on March 16, 2002 and ending no later than March 30, 2002.

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