Order No. 2004-A-558

December 15, 2004

December 15, 2004

IN THE MATTER OF an application by Kelowna Flightcraft Air Charter Ltd. for an exemption from the application of paragraphs 51(8)(g) and (h) of the Air Transportation Regulations, SOR/88-58, as amended.

File Nos. M4210/K14-2
M5000/K14


Kelowna Flightcraft Air Charter Ltd. (hereinafter Kelowna) applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on December 3, 2004.

Under Licence No. 967030, Kelowna is authorized to operate a non-scheduled international service, small aircraft, a non-scheduled international service, medium aircraft, a non-scheduled international service, all-cargo aircraft and a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.

Paragraphs 51(8)(g) and (h) of the Air Transportation Regulations (hereinafter the ATR) state:

Every contract shall be made subject to the condition that, on payment of the price per seat, each passenger is issued a valid non-transferable ticket that shows clearly:

(g) the date on which the passengers reservation for ABC transportation was confirmed;

(h) the price per seat paid for the passenger's ABC transportation;

With respect to the application for an exemption from paragraph 51(8)(g) of the ATR, the Agency notes that all passenger information that is required to be reflected on the passenger's ticket is stored in the tour operator's electronic data system and the passenger is allocated a unique Passenger Name Record (PNR) which is referred to in the ticket issued.

With respect to the application for an exemption from paragraph 51(8)(h) of the ATR, the Agency notes that the actual cost of the air portion on a passenger's ticket may vary from ticket to ticket depending on the condition of sale, which still meets the requirements of the ATR, and that this information is also contained in the PNR.

The Agency has considered the application and is of the opinion that, in this particular case, compliance by Kelowna with paragraphs 51(8)(g) and (h) of the ATR is impractical.

Accordingly, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, the Agency hereby exempts Kelowna Flightcraft Air Charter Ltd. from the application of paragraphs 51(8)(g) and (h) of the ATR subject to the conditions that the information contained in the electronic data system is retained for a period of one year from the flight departure date and that the price per seat requirement of the ATR is met.

This Order shall be affixed to Licence No. 967030 and shall remain in effect until further order of the Agency.

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