Order No. 2017-A-121

The Licensee has applied to the Canadian Transportation Agency (Agency) for exemptions to permit it to operate last minute Canadian originating entity cargo charter flights without being required to apply for and obtain a program permit from the Agency.

The Licensee states that as an on-demand air service carrier, it operates 24 hours per day, 7 days per week. Under these circumstances, it will quote, book and operate flights at hours not normally staffed by the Agency. This creates situations where a shipper that is faced with an immediate need for transportation that falls outside of the Agency's business hours would be unable to legally use the most efficient option and remain within compliance. This application is made following the Agency's elimination of its after-hours service for air charters.

The Licensee is licensed to operate cargo 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. Paragraph 33.1(b), section 33.2 and subsection 34(1) of the ATR require the Licensee to apply to the Agency and obtain a program permit prior to operating a Canadian originating entity cargo charter flight with aircraft having a maximum certificated take-off weight greater than 35,000 pounds (15,900 kg). The Agency's records show that the Licensee has used the Agency's after-hours service to seek and obtain approvals for several years.

The Agency finds that the Licensee has demonstrated that the negative impact of the elimination of the after-hours service for the Licensee is substantial. In light of the justification provided by the Licensee and the elimination of the after-hours service for air charters, the Agency finds that compliance by the Licensee with paragraph 33.1(b), section 33.2 and subsection 34(1) of the ATR in respect of last minute Canadian originating entity cargo charter flights 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, exempts the Licensee from the application of paragraph 33.1(b), section 33.2 and subsection 34(1) of the ATR in respect of last minute Canadian originating entity cargo charter flights, effective from the date of this Order, subject to the following conditions:
 

1. The Licensee shall continue to hold a non scheduled international licence that is valid for any such Canadian originating entity cargo charter flights.
2. The aircraft to be used for any Canadian originating entity cargo charter flights shall be authorized on the Licensee's Canadian Foreign Air Operator Certificate and shall be insured pursuant to the prescribed liability insurance requirements of the ATR.
3. The flights shall be Canadian originating entity cargo charter flights, where the entire capacity of the aircraft is chartered for the carriage of cargo.
4. The Licensee shall notify the Agency by e-mail or facsimile prior to any Canadian originating entity cargo charter flights, and the notification shall include the following information:

• 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 capacity 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 the Agency's regular business hours.