Order No. 2002-A-32
January 22, 2002
IN THE MATTER OF an application by Execaire Inc. for exemptions from the application of sections 33.1, 33.2 and 103.3 and paragraph 73(2)(c) of the Air Transportation Regulations, SOR/88-58, as amended, in order to permit it to operate its executive type Challenger CL601 and CL604 aircraft without being issued a program permit by the Canadian Transportation Agency or without giving prior notification, as applicable, prior to the departure of each Canadian originating international entity charter flight, of each charter flight or series of charter flights originating in a foreign country (other than the United States) and of each transborder United States charter flight or series of charter flights.
File No. M4210/E118-2
Execaire Inc. (hereinafter Execaire) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemptions set out in the title. The application was received on January 15, 2002.
Under Licence No. 967236, Execaire is authorized to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.
The Agency has reviewed Execaire's request and the specialized nature of operations provided by Execaire with executive configured Challenger CL601 and CL604 aircraft. The Agency is of the opinion that, in the present circumstances, compliance by Execaire with the application of sections 33.1, 33.2 and 103.3 and paragraph 73(2)(c) of the Air Transportation Regulations (hereinafter the ATR), in respect of the use of executive type Challenger CL601 and CL604 aircraft for international flights (including transborder flights), is impractical.
The Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, hereby exempts Execaire from the application of sections 33.1, 33.2 and 103.3 and paragraph 73(2)(c) of the ATR in respect of the use of executive type Challenger CL601 and CL604 aircraft for international flights (including transborder flights) for a period of one year from the date of this Order.
The exemptions granted herein are subject to Execaire 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.
Execaire 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, Execaire is to provide the Agency, within thirty (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, charter price with live and ferry breakdowns, number of passengers carried, aircraft utilized.
Any application for an extension should be filed with the Agency in writing at least thirty (30) days prior to the termination date of these exemptions. The application should include a copy of Execaire'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.
Execaire is required to contact Transport Canada or the local airport authority regarding permission to operate at specific times, for use of any airport facility and for compliance with the security requirements of Transport Canada. With respect to the availability of clearance services, Execaire shall contact the Canada Customs and Revenue Agency.
Execaire must comply with all other applicable requirements of legislative acts or regulations, including those of Transport Canada.
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