Decision No. 28-A-2008

January 22, 2008

APPLICATION by EOS Airlines Inc. for an exemption from the requirement to hold a non-scheduled international licence in order to permit it to operate passenger charter flights using a Boeing B757 aircraft, on behalf of Ball State University, from Indianapolis, Indiana, United States of America to Toronto, Ontario, Canada, departing on January 1, 2008 and on behalf of Rutgers University, from Newark, New Jersey, United States of America to Toronto, departing on January 3, 2008.

File No. M5000-3/E1

EOS Airlines Inc. (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on December 28 and was complete and ready for processing on December 31, 2007.

Pursuant to paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (hereinafter the CTA), no person shall operate an air service unless, in respect of the service, the person holds a licence issued under the CTA.

The applicant holds Canadian Foreign Air Operator Certificate No. F-11032 issued by Transport Canada which is valid for the proposed flights. Also, evidence of insurance, which indicates that it has the prescribed liability insurance coverage for the operation of the services, has been submitted.

The Agency has carefully considered the matter and is of the opinion that, in the present circumstances, compliance by the applicant with paragraph 57(a) of the CTA is impractical.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby orders that EOS Airlines Inc. be exempt from the requirement to hold a licence to operate passenger charter flights using a Boeing B757 aircraft, on behalf of Ball State University, from Indianapolis to Toronto, departing on January 1, 2008 and on behalf of Rutgers University, from Newark to Toronto, departing on January 3, 2008.

Also, the Agency, pursuant to Division V of Part IV of the Air Transportation Regulations, SOR/88-58, as amended, hereby acknowledges receipt of EOS Airlines Inc. notification of its intention to operate the passenger charter flights noted above. Reference Numbers TUSP-47/08 and TUSP- 48/08 refer.

This Decision takes effect on December 31, 2007, the date on which its content was communicated verbally to EOS Airlines Inc.

Members

• Geoffrey C. Hare
• Raymon J. Kaduck