Determination No. A-2024-34

The applicant, on behalf of itself and the co-applicant, has applied to the Canadian Transportation Agency (Agency) for an approval to permit the applicant to provide its domestic service, all-cargo aircraft, using a Hercules-type aircraft with flight crew provided by the co-applicant, beginning on March 15, 2024, to December 31, 2024.

The applicant is licensed to operate domestic services, medium, large and all-cargo aircraft.

The Agency notes that Transport Canada exempted the co-applicant, under specific conditions, from the application of subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations, SOR/96-433 to allow the co-applicant, while not being the holder of a Canadian air operator certificate, to operate a domestic service in Canada on behalf of the applicant, whereby the co-applicant will provide a specialized cargo air service using a Hercules-type aircraft, beginning on March 15, 2024, to December 31, 2024, 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 the applicant of a Hercules-type aircraft with flight crew provided by the co-applicant, and the provision by the co-applicant of such aircraft and flight crew to the applicant, to permit the applicant to provide its domestic service, all-cargo aircraft, using a Hercules-type aircraft with flight crew provided by the co-applicant for the purpose of transporting at least one cargo item that is oversized and/or overweight and cannot be carried on a Boeing 737-type aircraft, beginning on March 15, 2024, to December 31, 2024.

This approval is subject to the following conditions:

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