Order No. 2012-A-443

December 28, 2012

Alpine Helicopters Ltd.’s Licence No. 962254.

File No.: 
M4210/A881-1

Alpine Helicopters Ltd. (Licensee) holds a licence issued by the Canadian Transportation Agency (Agency) authorizing it to operate a domestic service, small aircraft. One of the ongoing requirements that must be met at all times by licensees that operate domestic services is that they must be Canadian.

Section 62 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (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 the Minister considers it necessary or advisable in the public interest.

On February 12, 1999, the Minister of Transport issued an order conditionally exempting the Licensee from the application of subparagraph 61(a)(i) of the CTA (Alpine Helicopters Ltd., Exemption Order – 1999).

On March 3 and March 25, 2011, the Minister of Transport issued orders amending the Alpine Helicopters Ltd., Exemption Order – 1999, conditionally exempting the Licensee from the application of subparagraph 61(a)(i) of the CTA.

In its Order No. 2011-A-111 dated March 25, 2011, the Agency ordered that the Alpine Helicopters Ltd., Exemption Order – 1999, as amended by orders of March 3 and March 25, 2011, shall form part of Licence No. 962254, and required the Licensee to comply with the conditions of the exemption order.

On December 21, 2012, the Minister of Transport issued an order further amending the Alpine Helicopters Ltd., Exemption Order – 1999.

As indicated in the Alpine Helicopters Ltd., Exemption Order – 1999, as amended by orders of March 3 and 25, 2011 and December 21, 2012, the Licensee must comply with the following conditions:

  • Alpine Helicopters Ltd. may only operate rotating wing aircraft.
  • Alpine Helicopters Ltd. shall not engage in the transportation of passengers on a unit toll, point-to-point basis.
  • Alpine Helicopters Ltd. shall notify the Minister of Transport, in writing, of any investment to acquire control of Intrawest Corporation that is subject to notification under the Investment Canada Act.
  • Alpine Helicopters Ltd. will not bid on, or carry out any new work on its own behalf or on behalf of Canadian Mountain Holidays, and its activities will be restricted to providing helicopter service for the heli-skiing activities of Canadian Mountain Holidays, until February 15, 2013.
  • The Alpine Helicopters Ltd., Exemption Order – 1999 will terminate on February 15, 2013.

The Agency has reviewed the matter and notes that, based on the Alpine Helicopters Ltd., Exemption Order – 1999, as amended, the Licensee is exempt from the requirement of subparagraph 61(a)(i) of the CTA. The Agency also notes that the Licensee continues to meet the requirements of subparagraphs 61(a)(ii) and (iii) of the CTA.

Accordingly, the Alpine Helicopters Ltd., Exemption Order – 1999, as further amended by order of December 21, 2012, shall form part of Licence No. 962254, and the Licensee shall comply with the conditions of the exemption.

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