Order No. 2002-A-485

December 3, 2002

File No. M4110/C510-2

On November 18, 2002, I.M.P. Group Limited carrying on business as CanJet Airlines, A Division of I.M.P. Group Limited (hereinafter CanJet) applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title.

CanJet requests the exemption in order to sell and market transportation between Canada and the United States of America without a valid tariff being on file and in effect. CanJet states that, pending the filing of an acceptable tariff, it will apply the terms and conditions applicable to Canadian domestic transportation to the proposed service between Canada and the United States of America. The terms and conditions include provisions essentially applicable to all passengers and are not dependent on the type of fare bought. These provisions include, but are not limited to matters such as re-ticketing, reservations, refunds, etc.

Paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) provides that the Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of Part II of the CTA or of a regulation or order made under this Part where the Agency is of the opinion that compliance with the provision by the person is unnecessary, undesirable or impractical.

The Agency has reviewed and considered the application, and is of the opinion that the sale and marketing of CanJet's proposed scheduled service would benefit the public. The Agency is, therefore, of the opinion that compliance by CanJet with subsection 110(1) of the Air Transportation Regulations (hereinafter the ATR), is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA hereby exempts CanJet from the application of subsection 110(1) of the ATR.

CanJet shall, for the period of the exemption, apply the terms and conditions contained in its domestic tariff.

This exemption expires December 31, 2002, by which time it is expected that a tariff applicable to the new service will be on file and in effect with the Agency.