Decision No. 413-A-2006

July 31, 2006

File No. M4210/F151-1

First Air, on behalf of itself and Air Contractors, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on June 16, 2006 and was amended on July 4, 2006.

First Air has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight.

Under Licence No. 972062, First Air is authorized to operate, inter alia, a domestic service, all-cargo aircraft.

With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by First Air with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (hereinafter the CTA), hereby exempts First Air from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material filed in support thereof 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, hereby approves the use by First Air of aircraft and flight crew provided by Air Contractors, and the provision by Air Contractors of such aircraft and flight crew to First Air, in order to permit First Air to provide its domestic service, all-cargo aircraft, between Yellowknife and various other points in Canada by operating flights using a Hercules L-382 aircraft and flight crew provided by Air Contractors from July 22, 2006 to November 21, 2006, subject to the following conditions:

1. The air services shall be operated under First Air's domestic licence (Licence No. 972062).
2. Commercial control of the flights shall be maintained by First Air.
3. Operational control of the flights shall be maintained by Air Contractors which 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.

First Air and Air Contractors are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt First Air and Air Contractors from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision takes effect on July 21, 2006, the date on which its content was communicated to First Air on the Agency's after-hour service.

Members

• Mary-Jane Bennett
• Baljinder Gill