Order No. 2017-A-17

February 3, 2017
APPLICATION by K5-Aviation GmbH 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 (ATR).
Case number: 
17-00408

K5-Aviation GmbH (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 Germany 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 Germany 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 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 2016-A-16">Order No. 2016-A-16, 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 2015-A-25">Order No. 2015-A-25 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 has not operated any charter flights to or from Canada.

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 and, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c.10, as amended, the Agency exempts the Licensee from the application of these provisions in respect of executive type aircraft for one year effective from the expiry of the exemptions granted by 2016-A-16">Order No. 2016-A-16.

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.

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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