Determination No. A-2021-17
APPLICATION by Bradley Air Services Limited also carrying on business as First Air and/or Ptarmigan Airways and/or Northwest Territorial Airways and/or NWT Air (First Air), on behalf of itself and Lynden Air Cargo, LLC carrying on business as Lynden Air Cargo and as Loken Aviation (Lynden), pursuant to section 60 of the Canada Transportation Act, SC 1996, c 10 (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58 (ATR).
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, 2021.
First Air is licensed to operate a domestic service, small, medium, and large aircraft and all-cargo aircraft.
The Agency notes that Transport Canada exempted Lynden, 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 Lynden, while not being the holder of a Canadian air operator certificate, to operate a domestic service in Canada on behalf of First Air, whereby Lynden will provide a specialized cargo air service using a Hercules-type aircraft, from the date of this Determination to December 31, 2021, 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 purpose of transporting at least one cargo item that is oversized and/or overweight and cannot be carried in a Boeing 737-type aircraft until December 31, 2021, inclusively.
This approval is subject to the following conditions:
- First Air shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by First Air. Lynden 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.
- 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.
- First Air shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- First Air and Lynden shall advise the Agency in advance of any changes to the information provided in support of the application.