Decision No. 537-A-2003

September 19, 2003

File No. M4210/F151-1

Docket No. 031176

First Air and Lynden have applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The applications were received on September 16, 2003.

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 a domestic service, small aircraft; a domestic service, medium aircraft; a domestic service, large aircraft and 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 and Lynden 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 First Air and Lynden 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 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 belonging to Lynden, and the provision by Lynden of such aircraft and flight crew to First Air, in order to permit First Air, while providing its domestic service between Yellowknife and Ekati, Northwest Territories, to operate flights using a Hercules L-382 aircraft and flight crew belonging to Lynden from September 22, 2003 to October 1, 2003, 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 Lynden 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 Lynden 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 Lynden from the requirements of other legislative acts or regulations, including those of Transport Canada.