Order No. 2022-A-25
APPLICATION by BAIRLINE Fluggesellschaft m.b.H. & Co KG (Licensee) for an exemption from subsection 84(2) of the Canada Transportation Act, SC 1996, c 10 (CTA).
The Licensee is licensed to operate a non scheduled international service to transport traffic on a charter basis between Austria and Canada.
Pursuant to subsection 84(2) of the CTA, the Licensee must appoint an agent who has a place of business in Canada, and, in writing, provide the Canadian Transportation Agency (Agency) with the agent's name and address.
The Licensee submits that it foresees relatively limited operations to Canada and anticipates it will initially operate 20 or fewer entity charter flights per year using executive type jets with low seating capacity. In addition, the Licensee submits that it is represented by a firm in Washington, D.C. for all regulatory matters.
The Agency has considered the information filed by the Licensee to substantiate an exemption from subsection 84(2) of the CTA and, pursuant to paragraph 80(1)(c) of the CTA, exempts the Licensee from that provision.