Order No. 2007-A-552

December 7, 2007

File Nos. M4210/I97-2
M4210/I97-3
M4210/I97-4-1

Under Licence No. 967557, I.M.P. Group Limited carrying on business as, among others, CanJet Airlines, a Division of I.M.P. Group Limited (hereinafter the Licensee) is authorized to operate, inter alia, a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.

Under Licence No. 965016, the Licensee is authorized to operate, inter alia, a scheduled international service, large aircraft, between points in Canada and points in the United States of America in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

Under Licence No. 050009, the Licensee is authorized to operate a scheduled international service, large aircraft, between points in Canada and points in the Dominican Republic in accordance with the Agreement between the Government of Canada and the Government of the Dominican Republic on Air Transport initialled ad referendum on June 18, 1986.

On November 8, 2007, the Licensee filed with the Canadian Transportation Agency (hereinafter the Agency) a request for an exemption from the application of paragraph 18(c) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR) to permit the Licensee to operate its non-scheduled international service, large aircraft and its scheduled international services, large aircraft by using a leased aircraft displaying the Internet address "www.Hapagfly.com" in addition to the Internet address of the Licensee on the fuselage of the aircraft for the period from December 10, 2007 to May 2, 2008.

Paragraph 18(c) of the ATR provides that:

the licensee shall not operate an international air service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

In its application, the Licensee submits that it has entered into a short term dry lease agreement with Hapag-Lloyd Fluggesellschaft mbH (Hapag-Lloyd) to lease two Boeing 737-8K5 aircraft for the period on or about December 10, 2007 through May 2, 2008.

The Licensee provided a copy of a picture of the aircraft illustrating the Hapag-Lloyd name which demonstrates how the Licensee would prominently display its name on the fuselage of the aircraft. The Licensee submits that as a result of the manner in which the Internet address "www.Hapagfly.com" appears on the leased aircraft, it would incur a substantial cost to remove it and then reapply it at the end of the lease. Accordingly, the Licensee requests the exemption in order to operate an aircraft bearing a different name, colours and logo as well as its own.

The Agency has carefully considered the Licensee's request and is of the opinion that compliance with paragraph 18(c) of the ATR by the Licensee is impractical in this case.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, the Agency hereby exempts the Licensee from the application of paragraph 18(c) of the ATR to permit the licensee to operate its non-scheduled service and its scheduled international services by using an aircraft displaying the Internet address "www.Hapagfly.com" in addition to the Internet address of the Licensee on the fuselage of the aircraft for the period from December 10, 2007 to May 2, 2008 subject to the following conditions:

1. All printed material on board the aircraft must clearly indicate that the Licensee is operating the air service.
2. The Licensee shall ensure that it is clearly identified as the operator of the air service in all public solicitations and representations (including invoices and tickets issued) by the Licensee and its business partners in respect of services contracted between them.

A copy of this Order shall be carried on board the aircraft and be provided to foreign authorities upon request.