Order No. 2014-A-227

November 24, 2014

APPLICATION by Comlux Malta Limited for exemptions from the application of paragraphs 33.1(b) and 73(2)(c) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No.: 
M4212/C643-2

Comlux Malta Limited (Licensee) has applied to the Canadian Transportation Agency (Agency) for exemptions to permit it to:

  1. operate Canadian originating entity charter flights using its executive type aircraft without being issued a program permit by the Agency; or
  2. operate each charter flight or series of charter flights originating in Malta using its executive type aircraft without giving notification prior to departure.

The Licensee is licensed to operate a non‑scheduled international service to transport traffic on a charter basis between Malta and Canada.

The Licensee must comply with certain requirements set out in paragraphs 33.1(b) and 73(2)(c) and section 33.2 of the Air Transportation Regulations (ATR) when proposing to operate an entity charter flight with aircraft having a maximum certificated take-off weight greater than 35,000 pounds (15,900 kg).

By Order No. 2013-A-344, the Licensee was granted exemptions from the application of paragraphs 33.1(b) and 73(2)(c) and section 33.2 of the ATR for one year effective from the expiry of the exemptions granted by Order No. 2012-A-386 subject to certain conditions, including the requirement to provide the Agency, upon request, with the origin and destination, date(s) of operation, number of passengers carried and aircraft utilized for each flight.

The Agency notes that the Licensee submitted its statistics as required by Order No. 2013-A-344.

The Agency finds that compliance by the Licensee with paragraphs 33.1(b) and 73(2)(c) and section 33.2 of the ATR in respect of the use of executive type aircraft for international flights is impractical.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, exempts the Licensee from the application of paragraphs 33.1(b) and 73(2)(c) and section 33.2 of the ATR in respect of executive type aircraft for one year effective from the expiry of the exemptions granted by Order No. 2013‑A‑344.

The Licensee shall comply with the filing requirements of the Agency 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 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 of these exemptions should be filed with the Agency in writing at least 30 days prior to the termination date of these exemptions. The application should include a copy of the Licensee’s certificate of insurance and any information pertaining to Canadian aviation document change, aircraft type, name change, etc.

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 22.2 of the ATR.

Member(s)

Sam Barone
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