Order No. 2007-A-586
December 31, 2007
IN THE MATTER OF an application by Jet Solutions, L.L.C. carrying on business as Alliance Executive Charter Services for an exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended, in order to permit it to operate its executive type CL604 and CL300 aircraft without notifying the Canadian Transportation Agency prior to the departure of each United States originating transborder charter flight or series of flights.
File Nos. M4211/A832-2
Jet Solutions, L.L.C. carrying on business as Alliance Executive Charter Services (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on November 28, 2007.
Pursuant to Licence No. 977341, the Licensee is authorized to operate charter flights in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.
Section 103.3 of the Air Transportation Regulations (hereinafter the ATR) states that:
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.
By Order No. 2007-A-80 dated March 13, 2007, the Licensee was granted an exemption from the application of section 103.3 of the ATR until December 31, 2007 subject to certain conditions including the requirement to provide the Agency with the origin and destination, date of operation, number of passengers carried and aircraft utilized for each flight.
With respect to the present application, the Agency has considered the Licensee's request and notes that the Licensee submitted its statistics as required by Order No. 2007-A-80. The Agency also notes the specialized nature of operations provided by the Licensee with executive type Challenger CL604 and CL300. aircraft. The Agency has reviewed the Licensee's request and the specialized nature of operations provided by the Licensee with executive type Challenger CL604 and CL300 aircraft. The Agency is of the opinion that, in the present circumstances, compliance by the Licensee with section 103.3 of the ATR, in respect of the use of executive type Challenger CL604 and CL300 aircraft for transborder flights, is impractical.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, hereby exempts the Licensee from the application of section 103.3 of the ATR in respect of the use of executive type CL604 and CL300 aircraft for transborder flights for one year effective from the date of this Order.
The exemption granted herein is 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 Transport Canada's Electronic Collection of Air Transportation Statistics program (ECATS), Place de Ville, Tower C, Ottawa, Ontario, K1A ON5, within thirty (30) days of the end of each month.
In addition, the Licensee is to provide the Agency, upon request, with the following details for each flight operated under this authority:
- origin and destination, date(s) of operation, number of passengers carried, aircraft utilized.
Any application for an extension should be filed with the Agency in writing at least thirty (30) days prior to the termination date of this exemption. 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 reminded to contact Transport Canada for compliance with the requirements related to security and the carriage of dangerous goods and the local airport authority for permission to operate at specific times or for the use of any airport facility. The Licensee is reminded to contact the Canada Border Services Agency regarding the availability of clearance services and hours of operation of the port of entry.
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 section 103.5 of the ATR.
This Order shall be affixed to Licence No. 977341.