Decision No. 562-A-1996

November 15, 1996

November 15, 1996

APPLICATION by Rotor Breeze Aviation Ltd. pursuant to subsection 94(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) for a licence to operate a Class 9-4 Charter non-scheduled international service using rotating wing aircraft having a maximum certificated take-off weight not greater than 4,409 pounds.

File No. M4895/R128-4-1

Docket No. 961130

Rotor Breeze Aviation Ltd. (hereinafter the applicant) has applied to the National Transportation Agency (hereinafter the NTA) for a licence to operate the service set out in the title. The application was received on June 26, 1996 and was complete and ready for processing on November 8, 1996.

On July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA and to the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, proceedings relating to certain matters before the NTA, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the CTA. This proceeding is included in the Order as a matter to be dealt with pursuant to the provisions of the CTA.

The Air Transportation Regulations, SOR/88-58 (hereinafter the ATR), have been amended to simplify the various classes of air services that may be operated by a non-Canadian air carrier under a non-scheduled international licence. In addition, the classification of aircraft has been amended. Accordingly, the Class 9-4 Charter non-scheduled international service is now considered to be a non-scheduled international service, small aircraft.

The applicant filed an affidavit attesting that within the preceding twelve months, or since July 1, 1996, whichever is the shorter period, it did not contravene section 59 of the Canada Transportation Act (hereinafter the CTA) in that it has not sold, caused to be sold or publicly offered for sale in Canada transportation in respect of the applied for air service without holding the required licence. The applicant has also undertaken in respect of the air service applied for that it will not contravene section 59 of the CTA prior to the issuance of the applied for licence. The Agency is not aware of any evidence that the applicant contravened section 59 of the CTA after July 1, 1996.

The Agency has reviewed the application and is satisfied that the applicant meets the requirements set out in subsection 73(1) of the CTA.

Accordingly, a licence to operate the following service will be issued to Rotor Breeze Aviation Ltd.

non-scheduled international service, small aircraft

Pursuant to subsection 74(1) of the CTA, the Agency deems it appropriate to include the condition set out below in the licence to be issued pursuant to this Decision.

The licence to be issued pursuant to this Decision shall be subject, in addition to the conditions prescribed

by the ATR, to the requirements to hold a Canadian aviation document issued by the Minister of Transport, and to have prescribed liability insurance coverage as set out in section 7 of the ATR, SOR/88-58, as amended, and to the following terms and conditions to which the licence is made subject pursuant to subsection 74(1) of the CTA:

  • The Licensee is authorized to transport traffic on a charter basis between Canada and any other country.
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