Order No. 2004-A-560
December 16, 2004
IN THE MATTER OF an application by Centaero Aviation Ltd. for exemptions from the application of paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended, in order to permit it to operate its executive type Cessna Citation X aircraft without being issued a program permit by the Canadian Transportation Agency or without giving prior notification, as applicable, prior to the departure of each Canadian originating international entity charter flight, of each charter flight or series of charter flights originating in a foreign country (other than the United States) and of each transborder United States charter flight or series of charter flights.
File Nos. M4210/C300-2
Centaero Aviation Ltd. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemptions set out in the title. The application was received on October 26, 2004.
Under Licence No. 967082, the Licensee is authorized to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.
Paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations (hereinafter the ATR) state that:
33.1 No air carrier shall operate an entity charter unless the air carrier
(b) has been issued a program permit, or is deemed to have been issued a small carrier permit, by the Agency.
33.2 An air carrier that proposes to operate an entity charter with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the entity charter in accordance with subsection 34(2).
73. (2) No air carrier shall operate a charter flight pursuant to subsection (1) unless that air carrier
(c) files with the Agency a notice in writing, addressed to the Secretary, not less than
(i) 48 hours prior to the planned date and time of arrival in Canada of the flight, in the case of an entity charter proposed to be operated pursuant to the air carrier's non-scheduled international licence valid for that type of charter, or
(ii) 15 days before the planned date of arrival in Canada of the flight, in the case of a charter other than an entity charter proposed to be operated pursuant to the air carrier's non-scheduled international licence valid for that type of charter.
103.3 An air carrier that operates a TUSC or series of TUSCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall notify the Agency in writing not less than 48 hours before the date and time of the arrival in Canada of the charter or, in the case of a series of charters, the date of the first of those charters, by providing the following information:
(a) the name or the charter category of the charter under the rules and regulations of the United States;
(b) the name, address and telephone and facsimile numbers of each charterer;
(c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of the charter, including each airport proposed to be used by the air carrier;
(d) the dates and times of arrival and departure of each charter; and
(e) the aircraft type and, where applicable, the passenger seating capacity and the nature, quantity and total weight of goods to be carried for each charterer on each charter.
The Agency has considered the Licensee's request and notes the specialized nature of operations provided by the Licensee with executive configured Cessna Citation X aircraft. The Agency is of the opinion that, in the present circumstances, compliance by the Licensee with the application of paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the ATR, in respect of the use of executive type Cessna Citation X aircraft for international flights (including transborder flights), is impractical.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, hereby exempts the Licensee from the application of paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the ATR in respect of the use of executive type Cessna Citation X aircraft for international flights (including transborder flights) for a period of one year effective from the date of this Order.
The exemptions granted herein are subject to the Licensee complying with the filing requirements of the Agency as set out below and the requirements of other government departments, including Transport Canada and the Canada Border Services Agency.
All other charter flights must be applied for in the normal manner as outlined in the ATR.
The Licensee is reminded that statistics concerning all charter flights must be filed on a monthly basis with the Aviation Statistics Centre, Ottawa, K1A 0T6, within thirty (30) days of the end of each month.
In addition to the above mentioned statistics, the Licensee is to provide the Agency, within thirty (30) days from the end of each month, with the following details for each flight operated under this authority:
- origin and destination, date(s) of operation, number of passengers carried, aircraft utilized.
- where no flights were operated, a nil report must be filed.
Any application for an extension should be filed with the Agency in writing at least thirty (30) days prior to the termination date of these exemptions. The application should include a copy of the Licensee's certificate of insurance, if not already on file, and any information pertaining to changes in the corporate structure and/or equipment, i.e., Canadian aviation document change, aircraft type, name change, etc.
The Licensee is required to contact Transport Canada or the local airport authority regarding permission to operate at specific times, for use of any airport facility and for compliance with the security requirements of Transport Canada. With respect to the availability of clearance services, the Licensee shall contact the Canada Border Services Agency.
The Licensee must comply with all other applicable requirements of legislative acts or regulations, including those of Transport Canada.
Where the Agency determines that the Licensee has not complied with the conditions set out in this Order, the Agency may take the measures it deems appropriate pursuant to sections 22.2 and 103.5 of the ATR.
This Order shall be affixed to Licence No. 967082.