Decision No. 721-A-2005

December 13, 2005

File Nos. M4210/A957-2
M5000/A957

Air Canada also carrying on business as Air Canada Jetz (hereinafter Air Canada) has applied to the Canadian Transportation Agency (hereinafter the Agency) pursuant to Division III of the Air Transportation Regulations (hereinafter the ATR) for a program permit to operate a Canadian originating entity charter flight as set out in the title. It has also applied on behalf of itself and World Airways, Inc. (hereinafter World Airways) for an approval pursuant to section 60 of the Canada Transportation Act (hereinafter the CTA) and section 8.2 of the ATR as set out in the title.

Under Licence No. 977155, Air Canada is authorized to operate, inter alia, a non-scheduled international service, all-cargo aircraft, between Canada and any other country.

The Agency has considered the application for a program permit to operate a Canadian originating entity cargo charter flight from Toronto to Sharjah on December 1/2, 2005, using an MD-11 aircraft and flight crew provided by World Airways, carrying election material consisting of ballot boxes weighing a total of 81,500 kilograms, on behalf of Kuehne & Nagel International Ltd.

The Agency hereby grants program permit number CEC-16/05 for the above referenced flight.

With respect to the request for an approval pursuant to section 60 of the CTA, the Agency notes that the application was filed less than 45 days before the first planned flight as required by subsection 8.2(2) of the ATR, and therefore an exemption from the application of this provision is necessary. The Agency is of the opinion that compliance by Air Canada with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the CTA, the Agency hereby orders that Air Canada be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application for an approval pursuant to section 60 of the CTA 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 Air Canada of an aircraft and flight crew provided by World Airways, and the provision by World Airways of such aircraft and flight crew to Air Canada, to permit Air Canada to provide a non-scheduled international service, all-cargo aircraft, between Canada and the United Arab Emirates on December 1/2, 2005 subject to the following conditions:

1. The air service shall be operated under Air Canada's non-scheduled international licence (Licence No. 977155).
2. Commercial control of the flight shall be maintained by Air Canada.
3. Operational control of the flight shall be maintained by World Airways 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.

Air Canada and World Airways 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 Air Canada and World Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.

Air Canada is reminded to contact Transport Canada for compliance with security and dangerous goods requirements and the local airport authority for permission to operate at specific times or for the use of any airport facility. Regarding the availability of clearance services, Air Canada is reminded to contact the Canada Border Services Agency. In addition, this authority should be carried on board the aircraft.

This Decision takes effect as of December 1, 2005, the date on which it was communicated by facsimile.

Members

• George Proud
• Baljinder Gill