Decision No. 62-A-2011

February 28, 2011

APPLICATION by 650584 Alberta Inc. carrying on business as Alberta Citylink and Palliser Air, on behalf of itself and Acass Canada Ltd., for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No. M4210/P342-2

650584 Alberta Inc. carrying on business as Alberta Citylink and Palliser Air (650584 Alberta Inc.), on behalf of itself and Acass Canada Ltd. (Acass), has applied to the Canadian Transportation Agency (Agency) for an approval to permit 650584 Alberta Inc. to provide its non-scheduled international service between Canada and any other country using a Learjet 35A aircraft and flight crew provided by Acass, from the date of this Decision to April 30, 2011.

650584 Alberta Inc. has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (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 Canada Transportation Act (CTA), exempts 650584 Alberta Inc. from the application of subsection 8.2(2) of the ATR.

650584 Alberta Inc. is licensed to operate a non-scheduled international service, small aircraft, between Canada and any other country.

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 650584 Alberta Inc. of a Learjet 35A aircraft and flight crew provided by Acass, and the provision by Acass of such aircraft and flight crew to 650584 Alberta Inc., to permit 650584 Alberta Inc. to provide its non-scheduled international service between Canada and any other country using a Learjet 35A aircraft and flight crew provided by Acass, from the date of this Decision to April 30, 2011.

This approval is subject to the following conditions:

1. 650584 Alberta Inc. shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by 650584 Alberta Inc. Acass 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. 650584 Alberta Inc. and Acass 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. 650584 Alberta Inc. shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. 650584 Alberta Inc. and Acass shall advise the Agency in advance of any changes to the information provided in support of the application.

This approval does not exempt 650584 Alberta Inc. and Acass from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan