Order No. 1997-A-25
January 13, 1997
IN THE MATTER OF an application by Canada 3000 Airlines Limited for an exemption from the application of various provisions contained in Part III of the Air Transportation Regulations, SOR/88-58, as amended, and for authority to operate one continuous around-the-world charter flight on the route Vancouver/Hamilton/Merida/Rio de Janeiro/Foz Do Iguacu/Manaus/ Marrakesh/Pisa/Cairo/Luxor/ Cairo/Victoria/Nairobi/Male/ Perth/Alice Springs/Singapore, commencing on October 14, 1996 and terminating on November 10, 1996.
File No. M4895/C222-9-1
WHEREAS Canada 3000 Airlines Limited (hereinafter Canada 3000) has applied to the National Transportation Agency (hereinafter the NTA) for the exemption and the authority set out in the title. The application was received on June 5, 1996 and was amended on July 12 and 30, 1996;
AND WHEREAS although this material was filed with the NTA, it will now be dealt with by the Canadian Transportation Agency (hereinafter the Agency) as provided for in section 195 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA). Section 195 of the CTA provides that proceedings are to be dealt with and determined in accordance with the provisions of the National Transportation Act, 1987, unless otherwise ordered by the Governor in Council. No such order of the Governor in Council affects the permit application. However, the exemption application is included in the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, as a matter to be dealt with pursuant to the provisions of the CTA;
AND WHEREAS by letter dated August 2, 1996, the Agency advised Canada 3000 that it would be prepared to authorize the subject around-the-world charter flight upon meeting certain requirements;
AND WHEREAS the requirements of the Agency as set out in its letter of August 2, 1996 have now been met and, consequently, the Agency, pursuant to paragraph 80(1)(c) of the CTA is of the opinion that compliance by Canada 3000 with various provisions of the Air Transportation Regulations is unnecessary, undesirable or impractical, and that it should be authorized to operate its around-the-world charter flight subject to certain conditions.
NOW THEREFORE, IT IS ORDERED THAT:
Pursuant to paragraph 80(1)(c) of the CTA, the Agency hereby grants Canada 3000 an exemption from the application of the provisions contained in Part III of the Air Transportation Regulations, on the condition that it complies with the provisions of Division V of Part III of the Air Transportation Regulations, except the provisions of paragraphs 43(2.1)(c), (d) and (e), paragraphs 43(3)(a), (b), (c) and (f), paragraphs 43.1(g) and (h) and subsections 110(4) and (5).
Accordingly, the Agency hereby grants Canada 3000 a program permit authorizing it to operate one continuous around-the-world charter flight on the route Vancouver/Hamilton/Merida/Rio de Janeiro/Foz Do Iguacu/Manaus/Marrakesh/Pisa/ Cairo/Luxor/Cairo/Victoria/Nairobi/Male/Perth/ Alice Springs/Singapore, commencing on October 14, 1996 and terminating on November 10, 1996. (Program Permit Reference No. A-11/96).
Canada 3000 is required to contact Transport Canada or the local airport authority regarding permission either to operate at specific times or to use any airport facility. With respect to the availability of clearance services, Canada 3000 shall contact Canada customs.
Canada 3000 is also required to provide a copy of this authority to its charterer.
This Order takes effect on October 11, 1996, the date on which its content was communicated by letter.