Order No. 2005-A-117

February 25, 2005

File No. M4210/B292-1

Beaver Air Services Limited Partnership by its General Partner Missinippi Management Ltd., carrying on business as Missinippi Airways and Missinippi Air-Care (hereinafter the applicant), a Canadian carrier, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The applications were made verbally on February 1 and 2, 2005.

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.

In a letter dated December 20, 2004, Beaver Air Services Limited Partnership by its General Partner BASLP Management Ltd., carrying on business as Beaver Air Services Limited Partnership (hereinafter BASLP) requested a change of name to its domestic licence. After a review of the supporting documents, on February 2, 2005, Agency staff advised BASLP that its new General Partner was a new entity distinct from the former General Partner, BASLP Management Ltd. and that it should apply for and hold a licence in its own right to operate an air service. Agency staff also advised BASLP that its domestic Licence No. 990108 was no longer valid. The applicant immediately advised Agency staff that it had grounded its operations until the matter is resolved. The applicant later called Agency staff to request permission to evacuate patients that had been scheduled prior to it being notified of the invalidity of its licence. The applicant undertook to provide, within a day, evidence that the change in the General Partner was simply a change in the name.

On February 2, 2005, the applicant submitted a document dated July 29, 2003 issued to it under the Business Names Registration Act of the Province of Manitoba which confirms that BASLP Management Ltd. ceased to be the General Partner and that Missinippi Airways Ltd. (now Missinippi Management Ltd.) became the new General Partner on July 1, 2001. The applicant advised that these changes were effected as a result of the principal of the former General Partner leaving the employ of the applicant as well as to permit the registration of a business name that better reflects the aboriginal and cultural background of the Limited Partnership's ownership and clientele.

The applicant also requests a delay in the imposition of any suspension of its licence authority. The applicant explains that its failure to apply earlier to the Agency was an oversight of a technical nature and that extreme hardship would result from a suspension, not only to the air carrier but also to the remote aboriginal communities of the North that it serves.

The applicant filed a certificate of insurance that indicates that it has the prescribed liability insurance coverage for the operation of the service. The Agency notes that the applicant also holds a valid Canadian aviation document.

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)(b) of the CTA, hereby exempts Beaver Air Services Limited Partnership by its General Partner Missinippi Management Ltd., carrying on business as Missinippi Airways and Missinippi Air-Care from the requirement to hold a licence to operate: domestic services limited to medical evacuations from February 1 until 16:00 on February 2, 2005; and domestic services from February 2 until 16:00 on February 4, 2005.

This Order takes effect on February 1 and 2, 2005, the dates on which the exemptions were granted by the Agency and communicated verbally to the applicant.