The Canadian Transportation Agency issues preliminary determination on whether Flair is Canadian

March 3rd 2022 – Gatineau, QC – Canadian Transportation Agency

The Canadian Transportation Agency (Agency) issued March 3rd, 2022 its preliminary determination that Flair may not be controlled in fact by Canadians and may, therefore, not be ‘’Canadian’’, as defined in the Canada Transportation Act, SC 1996, c 10.

Flair holds licenses authorizing domestic, scheduled international, and non-scheduled international air services. Pursuant to the Act, Flair must be Canadian to provide these air services. Three requirements must be met for an air carrier to be considered Canadian: (1) the incorporation or formation requirement, (2) the voting interest requirement, and (3) the control in fact requirement.

The Agency has provided Flair with the opportunity to respond, no later than 60 calendar days from the date of issuance. At the end of the review process, the Agency will issue a final public determination with reasons and its conclusions, which will be posted on its website.

The Agency does not comment on its determinations as they speak for themselves.

Reference material

Canada Transportation Act, SC 1996, c 10.

Background

The Agency is responsible for ensuring all air carriers licensed to provide domestic air services meet the Canadian ownership requirements set out in the Act. These requirements state that air service licensees must be owned and controlled "in fact" by Canadians. The Agency uses business and other information to determine whether a licence holder or applicant is "in fact" Canadian.

For more information, consult the CTA's Guide to Canadian Ownership and Control in Fact for Air Transportation and frequently asked questions on air licencing.