Order No. 2015-A-216

Air Gato Enterprises, Inc. (Licensee) has applied to the Canadian Transportation Agency (Agency) for exemptions to permit it to operate urgent last minute air ambulance charter flights to or from Canada and a country other than the United States of America without being required to apply for and obtain a program permit from the Agency.

The Licensee states that it receives requests to operate many air ambulance charter flights outside normal business hours and that due to the emergent nature of these flights, it is not always possible to wait until normal business hours to obtain prior approval. This application was filed as a result of the elimination of the after-hours service for air charters.

The Licensee is licensed 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. Annex III does not cover passenger flights between Canada and countries other than the United States of America.

Paragraph 33.1(b) of the Air Transportation Regulations, SOR/88-58, as amended (ATR) requires the Licensee to apply to the Agency and obtain a program permit prior to operating a Canadian originating entity charter flight. Section 73 of the ATR requires the Licensee to file with the Agency notice in writing and obtain approval prior to operating a charter flight from a country other than the United States of America.

The Agency finds that the Licensee has demonstrated that it operates time-sensitive air ambulance charter flights between Canada and countries other than the United States of America. In light of this and the elimination of the after-hours service for air charters, the Agency finds that compliance by the Licensee with paragraph 33.1(b) and the requirement of section 73 of the ATR to obtain Agency approval prior to the operation of last minute time-sensitive air ambulance charter flights between Canada and countries other than the United States of America operated by the Licensee is impractical.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), exempts the Licensee from the application of paragraphs 33.1(b) and 73(2)(c) and (d) of the ATR in respect of last minute air ambulance charter flights, effective from the date of this Order, and deems it appropriate pursuant to subsection 74(1) of the CTA to add the following condition to the Licensee’s non‑scheduled international Licence No. 060018:

The Licensee is authorized to operate last minute air ambulance charter flights between Canada and countries other than the United States of America without obtaining prior approval of the Agency subject to the Licensee notifying the Agency by e-mail or facsimile prior to the operation of charter flights. The notification shall include:

the date, the time, the name of the charterer, the points of origin and destination and routing of the flight, the type and configuration of the aircraft, and the number of seats contracted for;

the date on which the Licensee was first approached by its client to operate the flight, including an explanation as to why a program permit issued by the Agency could not have been obtained during regular business hours.