Determination No. A-2018-180
APPLICATION by PrivatAir SA, on behalf of itself and White - Airways, S.A., pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
PrivatAir SA, on behalf of itself and White Airways, S.A., has applied to the Canadian Transportation Agency (Agency) for an approval to permit PrivatAir SA to provide one non-scheduled international flight using one Airbus A319 aircraft with flight crew provided by White - Airways, S.A. The flight will arrive in Campbell River, British Columbia, Canada from Anchorage, Alaska, United States of America on August 10, 2018, carrying 42 tourists and a tour guide. The flight will then continue to Vancouver, British Columbia, Canada, on the same day, as a ferry flight. Subsequently, the flight will continue to Calgary, Alberta, Canada on August 15, 2018 and to Québec, Quebec, Canada on August 17, 2018. Finally, the flight will depart for Hamburg, Germany on August 19, 2018. It is noted that the tour guide will reboard the flight in Calgary and disembark in Québec.
PrivatAir SA has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts PrivatAir SA from the application of subsection 8.2(2) of the ATR.
PrivatAir SA is licensed to operate a non scheduled international service.
The Agency has considered the application and the material in support 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, approves the use by PrivatAir SA of one Airbus A319 aircraft with flight crew provided by White - Airways, S.A., and the provision by White - Airways, S.A. of such aircraft and flight crew to PrivatAir SA, to permit PrivatAir SA to provide one non scheduled international flight between Campbell River, Vancouver, Calgary, Québec and Hamburg using one Airbus A319 aircraft with flight crew provided by White - Airways, S.A., beginning on August 10 to August 19, 2018.
This approval is subject to the following conditions:
- PrivatAir SA shall continue to hold the valid license authority.
- Commercial control of the flights shall be maintained by PrivatAir SA. White - Airways, S.A. shall maintain operational control of the flights and shall receive payment based on the rental of the aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
- PrivatAir SA and White - Airways, S.A. shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
- PrivatAir SA shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- PrivatAir SA and White - Airways, S.A. shall advise the Agency in advance of any changes to the information provided in support of the application.
- PrivatAir SA and White - Airways, S.A. are prohibited from carrying local traffic between points in Canada.
PrivatAir SA is reminded to contact Transport Canada for compliance with security 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 and hours of operation of the port of entry, PrivatAir SA is reminded to contact the Canada Border Services Agency. In addition, this authority should be carried on board the aircraft.