Order No. 2008-A-401

October 6, 2008

October 6, 2008

IN THE MATTER OF an application by Neptune Aviation Services, Inc. for an exemption from the application of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

File No. M4211/N301-2


Neptune Aviation Services, Inc. (the Licensee) has applied to the Canadian Transportation Agency (the Agency) for the exemption set out in the title. The application was complete on September 26, 2008.

Pursuant to Licence No. 080070, 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.

Subsection 84(2) of the Canada Transportation Act (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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