Order No. 2017-A-202
APPLICATION by WestJet (applicant) for an exemption from the requirement to hold a domestic licence, small aircraft and a domestic licence, medium aircraft.
The applicant has applied to the Canadian Transportation Agency (Agency) for an exemption from the requirement to hold a domestic licence, small aircraft and a domestic licence, medium aircraft to provide an enhanced domestic network using small aircraft and flight crew provided by a Canadian licensee pursuant to paragraph 8.3(1)(a) of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
The applicant states that the proposed services will supplement it's Boeing 737 services within it's domestic and transborder network.
Paragraph 57(a) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) provides that no person shall operate an air service unless, in respect of the service, the person holds a licence issued under Part II of the CTA.
Subsection 8.2(1) of the ATR states the following:
For the purposes of section 60 of the Act and subject to section 8.3, approval of the Agency is required before a person may provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee's licence and before a licensee may provide an air service using all or part of an aircraft, with flight crew, provided by another person.
Paragraph 8.3(1)(a) of the ATR provides that such approval is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage are in effect and that both the person providing an aircraft to the licensee and the licensee are Canadian, the person is a licensee and the air service to be provided is a domestic service or an air service between Canada and the United States.
The applicant's Licence No. 962156 authorizes it to operate a domestic service, large aircraft. The applicant's application is seeking an exemption from the requirement to hold a domestic licence small aircraft and a domestic licence medium aircraft.
The Agency has considered the matter and finds that the applicant's Licence No. 962156 authorizes it to operate a domestic service, large aircraft, and pursuant to this licence authority, the applicant already has the appropriate licence authority for the operation of domestic air services as required by subsection 8.3(1).
Consequently, there is no requirement for the applicant to hold an additional licence authority. Accordingly, the applicant's application to seek an Agency exemption from the requirement to hold a domestic licence, small aircraft and a domestic licence, medium aircraft is denied.