Order No. 2005-A-665
December 7, 2005
IN THE MATTER OF an application by Asiana Airlines, Inc. carrying on business as Asiana Airlines for an exemption from the application of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10.
File No. M4212/A973-4
Asiana Airlines, Inc. carrying on business as Asiana Airlines (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title.
Under Licence No. 030130, the Licensee is authorized to operate a scheduled international service between points in the Republic of Korea 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 shall 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 Licensee states that it intends to move its staff from Vancouver, British Columbia, Canada to Seattle, Washington, United States of America. In this regard, Asiana asserts that its agent would be equally accessible to the Agency for any purpose under the CTA or the Air Transportation Regulations, SOR/88-58.
The Agency has considered the matter and finds that the action taken by Asiana to ensure that there continues to be an agent in North America is as effective as actual compliance with subsection 84(2) of the CTA.
Accordingly, the Agency, pursuant to paragraph 80(1)(b) of the CTA, hereby exempts the Licensee from the application of subsection 84(2) of the CTA.
This Order shall be affixed to Licence No. 030130.