Decision No. 47-A-2006

January 30, 2006

File Nos. M4210/S515-2
M5125/S515

Cargojet Airways Ltd. also carrying on business as Starjet and/or Starjet Airways (hereinafter Cargojet Airways), on behalf of itself and Capital Cargo International Airlines, Inc. (hereinafter Capital Cargo) has applied to the Canadian Transportation Agency (hereinafter the Agency) for an approval set out in the title. The application was received on January 26, 2006.

Cargojet Airways 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. 000015, Cargojet Airways is authorized to operate, inter alia, a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between Canada and any other country.

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 Cargojet Airways 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 orders that Cargojet Airways be exempt 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 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 Cargojet Airways of aircraft and flight crew provided by Capital Cargo, and the provision by Capital Cargo of such aircraft and flight crew to Cargojet Airways, in order to permit Cargojet Airways to provide its non-scheduled international service, all-cargo aircraft, between points in Canada and points in the United States of America from January 30, 2006 to February 10, 2006 subject to the following conditions:

1. The air service shall be operated under Cargojet Airways' non-scheduled international licence (Licence No. 000015).
2. Commercial control of the flights shall be maintained by Cargojet Airways. Capital Cargo 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.

Cargojet Airways and Capital Cargo are reminded to advise the Agency in advance of any changes to the information provided in support of the subject application.

Cargojet Airways and Capital Cargo are further reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Cargojet Airways and Capital Cargo from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Baljinder Gill
• Beaton Tulk