Decision No. 630-A-2005

October 19, 2005

October 19, 2005

IN THE MATTER OF an application by Air Canada also carrying on business as Air Canada Jetz for a program permit to operate two Canadian originating entity cargo charter flights, on behalf of Exel Global Logistics, Inc., Kuehne & Nagel Management Ltd., Panalpina, Inc., UPS Supply Chain Solutions Inc., International Fastline Forwarding, Shuttle Freight, Omega Airtrans Inc., JAS Canada, Eagle Global Logistics and UTI Canada, from Toronto, Ontario, Canada to Hong Kong, China on October 2/3 and 4/5, 2005 and an application on behalf of itself and World Airways, Inc. for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10 and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, to permit Air Canada also carrying on business as Air Canada Jetz to provide a non-scheduled international service, all-cargo aircraft using an MD-11 aircraft and flight crew provided by World Airways, Inc. between October 2 and 6, 2005.

File Nos. M4210/A957-2
M5000/A957


Air Canada also carrying on business as Air Canada Jetz (hereinafter Air Canada) has applied to the Canadian Transportation Agency (hereinafter the Agency) pursuant to Division III of the Air Transportation Regulations (hereinafter the ATR) for a program permit to operate two Canadian originating entity charter flights as set out in the title. It has also applied on behalf of itself and World Airways, Inc. (hereinafter World Airways) for an approval pursuant to section 60 of the Canada Transportation Act (hereinafter the CTA) and section 8.2 of the ATR as set out in the title.

Under Licence No. 977155, Air Canada is authorized to operate, inter alia, a non-scheduled international service, all-cargo aircraft, between Canada and any other country.

The Agency has considered the application for a program permit to operate two Canadian originating entity cargo charter flights from Toronto to Hong Kong on October 2/3 and 4/5, 2005, using an MD-11 aircraft and flight crew provided by World Airways, carrying general cargo, on behalf of Exel Global Logistics, Inc., Kuehne & Nagel Management Ltd., Panalpina, Inc., UPS Supply Chain Solutions Inc., International Fastline Forwarding, Shuttle Freight, Omega Airtrans Inc., JAS Canada, Eagle Global Logistics and UTI Canada.

The Agency hereby grants program permit number CEC-9/05 for the above referenced flights.

With respect to the request for an approval pursuant to section 60 of the CTA, the Agency notes that the application was filed less than 45 days before the first planned flight as required by subsection 8.2(2) of the ATR, and therefore an exemption from the application of this provision is necessary. The Agency is of the opinion that compliance by Air Canada with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the CTA, the Agency hereby orders that Air Canada be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application for an approval pursuant to section 60 of the CTA and the material filed in support thereof and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, hereby approves the use by Air Canada of an aircraft and flight crew provided by World Airways, and the provision by World Airways of such aircraft and flight crew to Air Canada, to permit Air Canada to provide a non-scheduled international service, all-cargo aircraft, between Canada and China between October 2 and 6, 2005 subject to the following conditions:

  1. The air service shall be operated under Air Canada's non-scheduled international licence (Licence No. 977155).
  2. Commercial control of the flight shall be maintained by Air Canada.
  3. Operational control of the flight shall be maintained by World Airways which shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.

Air Canada and World Airways are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Air Canada and World Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.

Air Canada is reminded to contact Transport Canada for compliance with security and dangerous goods requirements and the local airport authority for permission to operate at specific times or for the use of any airport facility. Regarding the availability of clearance services, Air Canada is reminded to contact the Canada Border Services Agency. In addition, this authority should be carried on board the aircraft.

In addition, the Agency hereby acknowledges receipt of Air Canada's notification of its intention to operate foreign originating entity cargo flights from Hong Kong to Toronto with technical stops in Seoul and Anchorage on October 4 and 6, 2005, using an MD-11 aircraft and flight crew provided by World Airways, carrying general cargo on behalf of Panalpina Airfreight Management Ltd., Exel Global Logistics, Inc., and Overseas Express Consolidators (OEC) Inc.

Pursuant to Division VII of the ATR, flights may operate under Reference Number FEC-3/05.

This Decision takes effect as of September 29, 2005, the date on which it was communicated by facsimile.

Members

  • George Proud
  • Beaton Tulk
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