Order No. 2002-A-53
January 31, 2002
IN THE MATTER OF an application by Nippon Koku Kabushiki Kaisha (Japan Airlines Company, Ltd.) for an exemption from the requirement to hold a non-scheduled international licence in order to permit it to operate a charter flight between Japan and Canada for the purpose of transporting the Japanese Finance Minister and his entourage departing on February 8, 2002 and returning February 9, 2002.
File No. M4212/J131-3-1
Nippon Koku Kabushiki Kaisha (Japan Airlines Company, Ltd.) (hereinafter Japan Airlines) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received by the Agency on January 25, 2002.
Pursuant to paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), no person shall operate an air service unless, in respect of the service, the person holds a licence issued under the CTA.
Japan Airlines holds a Canadian scheduled international Licence No. 985001. Japan Airlines also holds Foreign Air Operators Certificate No. F-1733 issued by Transport Canada which is valid for international scheduled and international non-scheduled services.
Japan Airlines filed a certificate of insurance which indicates that it has the prescribed liability insurance coverage for the operation of the service.
The Agency has carefully considered the matter and is of the opinion that, in the present circumstances, compliance by Japan Airlines with the provisions of paragraph 57(a) of the CTA is impractical.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts Japan Airlines from the requirement to hold a licence to operate a charter flight between Japan and Canada for the purpose of transporting the Japanese Finance Minister and his entourage, approximately 40 passengers, utilizing B747 aircraft, departing on February 8, 2002 and returning on February 9, 2002.