Order No. 1997-A-774
December 30, 1997
IN THE MATTER OF an application by Total Flight Systems, Inc. for an exemption from the application of the provisions of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10.
File No. M4211/T269-2
Total Flight Systems, Inc. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title.
Under Licence No. 970202, the Licensee is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.
Subsection 84(2) of the Canada Transportation Act (hereinafter the CTA) requires that a licensee who does not have a place of business or an agent in Canada appoint an agent who has a place of business in Canada, and, in writing, provide the Agency with the agent's name and address.
The Agency has reviewed the application and, in the context of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995, is of the opinion that compliance by the Licensee with the provisions of subsection 84(2) of the CTA is unnecessary.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts the Licensee from the application of the provisions of subsection 84(2) of the CTA.