Order No. 2008-A-395
October 2, 2008
IN THE MATTER OF the operation of a publicly available air service by Angel Flight Alberta Society, without holding a licence issued by the Canadian Transportation Agency.
File No. M4352-3/A3/08-1
Pursuant to paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (the CTA), no person shall operate an air service unless, in respect of that service, the person holds a licence issued under the CTA. A licence is issued when certain important requirements set out in the CTA are met, including the requirements to hold a valid Canadian aviation document and to have prescribed liability insurance coverage.
Subsection 55(1) of the CTA, defines "air service" as follows:
"air service" means a service, provided by means of an aircraft, that is publicly available for the transportation of passengers or goods, or both;
Angel Flight Alberta Society (Angel Flight) is providing air transportation for people requiring medical services at hospitals and centralized medical care facilities in Edmonton and Calgary, Alberta.
These services are provided free of charge utilizing a network of volunteer pilots and aircraft owners. Pilots donate their time and aircraft and are reimbursed by Angel Flight for certain costs associated with operating these flights. The reimbursement of these costs is funded solely by the founder of Angel Flight.
The Canadian Transportation Agency (the Agency) has carefully examined the nature of Angel Flight's operations and notes that from Angel Flight's Web site it organizes and arranges transportation for patients to medical treatment centres. Angel Flight is responsible for the performance of key functions and decision-making authority with respect to the operation of the air service being conducted.
Based on the Agency's review of publicly available information, as well as additional information provided by Angel Flight to the Agency, the Agency has determined that Angel Flight oversees and is closely involved in the day-to-day operations of the air service. Therefore, the Agency has determined that Angel Flight is operating a publicly available air service within the meaning of subsection 55(1) of the CTA, in contravention of section 57 of the CTA.
Pursuant to section 26 of the CTA, the Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.
Accordingly, the Agency, pursuant to section 26 of the CTA, orders Angel Flight to cease and desist from operating a publicly available air service until it complies with section 57 of the CTA.
However, given the nature of Angel Flight's activities, the Agency will expeditiously process an application made by Angel Flight that would result in it being allowed to resume its operations.
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