Order No. 2007-A-117
April 12, 2007
IN THE MATTER OF an application by Capital Excel, Inc. for an exemption from the application of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10.
File No. M4211/C608-2
Capital Excel, Inc. (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 March 15, 2007.
Under Licence No. 070025, the Licensee is authorized to operate charter flights in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007 (hereinafter the Agreement).
Subsection 84(2) of the Canada Transportation Act (hereinafter the CTA) requires that a licensee who does not have a place of business or an agent in Canada shall appoint an agent who has a place of business in Canada, and, in writing, provide the Agency with the agent's name and address.
The Agency has reviewed the application and, in the context of the Agreement, is of the opinion that compliance by the Licensee with subsection 84(2) of the CTA is unnecessary.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts the Licensee from the application of subsection 84(2) of the CTA.
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