Determination No. A-2017-81

First Air, on behalf of itself and Lynden, has applied to the Canadian Transportation Agency (Agency) for an approval to permit First Air to provide its domestic service, all‑cargo aircraft, using a Hercules type aircraft with flight crew provided by Lynden until December 31, 2017.

First Air has also requested an exemption from the application of subsection 8.2(2) of the 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 CTA, exempts First Air from the application of subsection 8.2(2) of the ATR.

First Air is licensed to operate, among others, a domestic service, all-cargo aircraft.

The Agency notes that Transport Canada exempted under specific conditions Lynden from the application of subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations, SOR/96‑433 to allow Lynden, while not being the holder of a Canadian Air Operator Certificate, to operate a domestic air transport service in Canada on behalf of First Air, whereby Lynden will provide, among others, a specialized cargo air service using a Hercules type aircraft until December 31, 2017 inclusively.

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 First Air of an Hercules type aircraft with flight crew provided by Lynden, and the provision by Lynden of such aircraft and flight crew to First Air, to permit First Air to provide its domestic service, all-cargo aircraft, using a Hercules type aircraft with flight crew provided by Lynden for the purposes of transporting only oversized and/or overweight cargo that requires a Hercules type aircraft due to the cargo's size or weight until December 31, 2017 inclusively.

This approval is subject to the following conditions:

1. First Air shall continue to hold the valid licence authority.
2. Commercial control of the flight shall be maintained by First Air. Lynden shall maintain operational control of the flight and shall receive payment based on the rental of the aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
3. First Air and Lynden 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. First Air shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. First Air and Lynden shall advise the Agency in advance of any changes to the information provided in support of the application.