Order No. 2002-A-542

December 19, 2002

December 19, 2002

IN THE MATTER OF an application by L S Air, L.L.C. for an exemption from the requirement to hold a non-scheduled international licence in order to permit it to operate a passenger charter flight using an HS125 aircraft, on behalf of Sentient, from Kitchener, Ontario, Canada to Myrtle Beach, South Carolina, United States of America on December 16, 2002.

File No. M4211-2/L


L S Air, L.L.C. (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 by the Agency on the after hour service on December 13, 2002.

Pursuant to paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), no person shall operate an air service unless, in respect of the service, the person holds a licence issued under the CTA.

The applicant holds Canadian Foreign Air Operator Certificate No. F-10328 issued by Transport Canada which is valid for the proposed flight. In addition, the applicant has filed a certificate of insurance which indicates that it has the prescribed liability insurance coverage for the operation of the service.

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 L S Air, L.L.C. from the requirement to hold a licence to operate a passenger charter flight using an HS125 aircraft, on behalf of Sentient, from Kitchener, Ontario, Canada to Myrtle Beach, South Carolina, United States of America on December 16, 2002.

This Order takes effect on December 14, 2002, the date on which its content was communicated verbally to L S Air, L.L.C.

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