Order No. 2019-A-89
APPLICATION by Limited Liability Company “Vulkan Air” carrying on business as Vulkan Air for an exemption from subsection 110(1) of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Limited Liability Company "Vulkan Air" carrying on business as Vulkan Air (Licensee) is licensed to operate a non scheduled international service to transport goods on a charter basis between Ukraine and Canada.
The Agency is examining prospective amendments to the ATR to have them better reflect evolving industry practices and current government policies. Pending completion of this initiative, when determining whether to grant exemptions from certain ATR requirements, the Agency will continue to take into consideration those industry practices and government policies, as well as information submitted by the Licensee in support of its application.
The Licensee has stated that under the State Aviation Administration of Ukraine regulatory regime, there is no requirement for a carrier to file charter tariff rates. As there is no requirement for it or any Canadian international charter cargo carrier to file its charter rates and charges in Ukraine, based on reciprocity, the Licensee should be afforded the same treatment to ensure that it can remain competitive in the marketplace.
In light of the above, the Agency finds that compliance by the Licensee with one of the requirements set out in subsection 110(1) of the ATR is unnecessary in this case.
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 subsection 110(1) of the ATR only with respect to the filing with the Agency of rates for entity cargo charters operated pursuant to its licence. This Order is effective until such time as the amendments to the ATR are promulgated and is subject to any terms and conditions contained in any charter program permit issued to the Licensee by the Agency.
This Order does not exempt the Licensee from complying with other provisions of the ATR, including filing general terms and conditions of carriage that are broadly applicable to all its air transportation and are not directly related to the rate charged, or from the requirements of other acts or regulations, including those of Transport Canada. Nothing in this Order exempts the carrier from maintaining and applying its tariff.
In the event of any conflict between this Order and any terms and conditions of a charter program permit, the charter program permit shall prevail.