Order No. 2019-A-90
APPLICATION by XOJET Aviation LLC (Licensee) for an exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
The Licensee has applied to the Canadian Transportation Agency (Agency) for an exemption to permit it to operate its executive type aircraft without notifying the Agency prior to the departure of each United States of America originating transborder charter flight or series of flights (TUSC).
The Licensee is licensed to operate charter flights in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.
The Licensee must comply with certain requirements set out in section 103.3 of the ATR when proposing to operate a TUSC with aircraft having a maximum certificated take off weight greater than 35,000 pounds (15,900 kg).
By Order No. 2018-A-85, the Licensee was granted an exemption from section 103.3 of the ATR for one year effective from the expiry of the exemption granted by Order No. 2017-A-101 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. 2018-A-85.
The Agency finds that compliance by the Licensee with section 103.3 of the ATR in respect of the use of executive type aircraft for transborder 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 section 103.3 of the ATR in respect of executive type aircraft for one year effective from the expiry of the exemption granted by Order No. 2018-A-85.
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 this exemption should be filed with the Agency in writing at least 30 days prior to the termination date of this exemption.
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 103.5 of the ATR.