Order No. 2016-A-44
APPLICATION by Limited Liability Company “Cavok Air” for an exemption from the application of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c.10, as amended (CTA).
Limited Liability Company “Cavok Air” (Licensee) is licensed to operate a non‑scheduled international service to transport goods on a charter basis between Ukraine and Canada.
Pursuant to subsection 84(2) of the CTA, the Licensee must appoint an agent who has a place of business in Canada, and, in writing, provide the Canadian Transportation Agency (Agency) with the agent’s name and address.
The Licensee submits that it has a permanent operational office in Miami, Florida, and is also represented by a firm in Washington, D.C., for all regulatory matters in Canada and the United States of America. Further, the licensee states that both its Miami office and US representatives are located in the same time zone as the Agency, and provide adequate operational, language and regulatory proficiency necessary to ensure smooth communications with the Agency.
The Agency has considered the information filed by the Licensee to substantiate an exemption from subsection 84(2) of the CTA.
The Agency finds that compliance by the Licensee with subsection 84(2) of the CTA is unnecessary and, pursuant to paragraph 80(1)(c) of the CTA, exempts the Licensee from the application of that provision.