Order No. 2020-A-96
APPLICATION by Cargojet Airways Ltd. carrying on business as Cargojet Regional (Licensee) for an exemption from subsection 110(1) of the Air Transportation Regulations, SOR/88-58 (ATR).
The Licensee is licensed to operate a non‑scheduled international service to transport goods on a charter basis between Canada and any other country.
The Licensee has stated that, under the Civil Aviation Administration of China (CAAC) and the Japan Civil Aviation Bureau (JCAB) regulatory regimes, there are no requirements for a carrier to file charter tariff rates. Also, for scheduled international services between Canada and China and between Canada and Japan, there are no requirements pursuant to the applicable air transport agreements to file rates for these types of air services. Therefore, the Licensee argues that, on the basis of reciprocity and equal treatment, it should be afforded the same treatment in Canada to ensure that it can remain competitive in the marketplace.
In light of the above, the Agency finds, on the basis of reciprocity and equal treatment between carriers, that compliance by the Licensee with the requirement set out in subsection 110(1) of the ATR, in respect of filing cargo charter rates, is unnecessary in this case.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, SC 1996, c 10, exempts the Licensee from the application of subsection 110(1) of the ATR only with respect to the filing with the Agency of rates for entity cargo charters operated pursuant to its licence. This Order is subject to any terms and conditions contained in any charter program permit issued to the Licensee by the Agency.
This Order does not exempt the Licensee from complying with other provisions of the ATR, including filing general terms and conditions of carriage that are broadly applicable to all of its air transportation and are not directly related to the rate charged, or from the requirements of other acts or regulations, including those of Transport Canada. Nothing in this Order exempts the carrier from maintaining and applying its tariff.
In the event of any conflict between this Order and any terms and conditions of a charter program permit, the charter program permit shall prevail.
Member(s)
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