Order No. 2004-A-388

September 9, 2004

File No. M4211/N210-2

New World Jet Corporation (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on August 13, 2004.

Under Licence No. 961079, the Licensee 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.

Section 103.3 of the Air Transportation Regulations (hereinafter the ATR) states that:

An air carrier that operates a TUSC or series of TUSCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall notify the Agency in writing not less than 48 hours before the date and time of the arrival in Canada of the charter or, in the case of a series of charters, the date of the first of those charters, by providing the following information:

(a) the name or the charter category of the charter under the rules and regulations of the United States;

(b) the name, address and telephone and facsimile numbers of each charterer;

(c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of the charter, including each airport proposed to be used by the air carrier;

(d) the dates and times of arrival and departure of each charter; and

(e) the aircraft type and, where applicable, the passenger seating capacity and the nature, quantity and total weight of goods to be carried for each charterer on each charter.

The Agency has reviewed New World Jet Corporation's request and the specialized nature of operations provided by New World Jet Corporation with CL604, Falcon 2000, Gulfstream III, Gulfstream IV, Gulfstream V, CL 600-601, Falcon 900 and Cessna Citation X aircraft. The Agency is of the opinion that, in the present circumstances, compliance by New World Jet Corporation with the application of section 103.3 of the ATR, in respect of the use of CL604, Falcon 2000, Gulfstream III, Gulfstream IV, Gulfstream V, CL 600-601, Falcon 900 and Cessna Citation X aircraft for U.S. transborder flights, is impractical.

The Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, hereby exempts New World Jet Corporation from the application of section 103.3 of the ATR in respect of the use of CL604, Falcon 2000, Gulfstream III, Gulfstream IV, Gulfstream V, CL 600-601, Falcon 900 and Cessna Citation X aircraft for U.S. transborder flights for a period of one year from the date of this Order.

The exemption granted herein is subject to New World Jet Corporation 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 Border Services Agency.

All other charter flights must be applied for in the normal manner as outlined in the ATR.

New World Jet Corporation is reminded that statistics concerning all charter flights must be filed on a monthly basis with the Aviation Statistics Centre, Ottawa, Ontario, K1A 0T6, within thirty (30) days of the end of each month.

In addition to the above mentioned statistics, New World Jet Corporation 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:

• origin and destination, date(s) of operation, number of passengers carried, aircraft utilized.
• where no flights were operated, a nil report must be filed.

Any application for an extension should be filed with the Agency in writing at least thirty (30) days prior to the termination date of this exemption. The application should include a copy of New World Jet Corporation'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 Jet Corporation 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, New World Jet Corporation shall contact the Canada Border Services Agency.

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

Where the Agency determines that New World Jet Corporation has not complied with the conditions set out in this Order, the Agency may take the measures it deems appropriate pursuant to section 103.5 of the ATR.

This Order shall be affixed to Licence No. 961079.