Order No. 2008-A-2
January 2, 2008
IN THE MATTER OF an application by Ascent Helicopters Ltd. for an exemption from the requirement to hold a domestic licence, small aircraft.
File No. M4210/A1071-1
Ascent Helicopters Ltd. (hereinafter the applicant) 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 the after hours service on December 14, 2007.
Pursuant to paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (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.
Subparagraph 61(a)(i) of the CTA provides that an applicant must establish to the satisfaction of the Agency that it is a Canadian.
Section 62 of the CTA provides, in part, that the Minister may, by order, exempt a person from the Canadian ownership requirement set out in subparagraph 61(a)(i) of the CTA, when he considers it necessary or advisable in the public interest.
On December 14, 2007, the Minister of Transport issued the Ascent Helicopters Ltd. Exemption Order 2007, pursuant to section 62 of the CTA, exempting the applicant from the application of subparagraph 61(a)(i) of the CTA.
As directed by the Ministerial Order, the applicant is limited to the operation of domestic flights in British Columbia and Alberta, carrying passengers and goods in relation to heliskiing and other related heli-tourism operations during the period commencing December 15, 2007 and ending December 14, 2010.
The Agency notes that the applicant holds Air Operator Certificate No. 10555 issued by Transport Canada, which is valid for the proposed service. In addition, the applicant has filed a certificate of insurance which indicates that it has the prescribed liability insurance coverage for the operation of the service.
The Agency has reviewed the application and, in light of the above, is of the opinion that in the present circumstances, compliance with paragraph 57(a) of the CTA is undesirable or impractical.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts the applicant from the application of paragraph 57(a) of the CTA to allow the applicant to operate a domestic service, small aircraft, without holding a licence in respect of that service until the Agency issues a licence to the applicant.
This Order takes effect as of December 14, 2007, the date on which it was verbally communicated to Ascent Helicopters Ltd.