Decision No. 310-A-2016

Decision rescinded by 317-A-2016">Decision No. 317-A-2016
October 7, 2016
APPLICATION by Bradley Air Services Limited also carrying on business as, among others, First Air (First Air), on behalf of itself and Lynden Air Cargo, LLC carrying on business as Lynden Air Cargo and as Loken Aviation (Lynden), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Case number: 
16-04867

First Air, on behalf of itself and Lynden, has applied to the Canadian Transportation Agency (Agency) for an approval to permit First Air to provide its domestic service, all‑cargo aircraft using Hercules‑type L382 aircraft with flight crew provided by Lynden.

First Air has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts First Air and Lynden from the application of subsection 8.2(2) of the ATR.

First Air is licensed to operate, inter alia, a domestic service, all-cargo aircraft.

The Agency notes that Transport Canada exempted Lynden from the application of subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations, SOR/96‑433 to permit it, while not being the holder of a Canadian Air Operator Certificate, to operate a domestic air transport service in Canada on behalf of First Air, whereby Lynden will provide specialized cargo air services using Hercules-type L382 aircraft limited to 40 rotations from Yellowknife, Northwest Territories to and from, inter alia, Ekati Airport (CYOA), Northwest Territories and Diavik Airport (CDK2), Northwest Territories. These flights are planned for the period beginning on October 9 to November 30, 2016.

The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by First Air of aircraft with flight crew provided by Lynden, and the provision by Lynden of such aircraft and flight crew to First Air, to permit First Air to provide its domestic service, all-cargo aircraft using Hercules-type L382 aircraft with flight crew provided by Lynden, limited to 40 rotations from Yellowknife to and from Ekati Airport (CYOA) and Diavik Airport (CDK2). These flights are planned for the period beginning on October 9 to November 30, 2016.

This approval is subject to the following conditions:

  1. First Air shall continue to hold the valid licence authority.
  2. Commercial control of the flights shall be maintained by First Air. Lynden shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
  3. First Air and Lynden shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
  4. First Air shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  5. First Air and Lynden shall advise the Agency in advance of any changes to the information provided in support of the application.

Member(s)

Sam Barone
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