Determination No. A-2019-220
November 25, 2019
APPLICATION by Cargojet Airways Ltd. also carrying on business as Cargojet Regional (Cargojet), on behalf of itself and 21 Air, LLC (21 Air), 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).
Cargojet, on behalf of itself and 21 Air, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Cargojet to provide its scheduled international service, all-cargo aircraft, between Canada and the United States of America using aircraft with flight crew provided by 21 Air, beginning on December 1, 2019 to December 24, 2019.
Cargojet 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 15 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 Cargojet from the application of subsection 8.2(2) of the ATR.
Cargojet is licensed to operate a scheduled international service, all‑cargo aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.
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 Cargojet of aircraft with flight crew provided by 21 Air, and the provision by 21 Air of such aircraft and flight crew to Cargojet, to permit Cargojet to provide its scheduled international service, all‑cargo aircraft, on licensed routes between Canada and the United States of America using aircraft and flight crew provided by 21 Air, beginning on December 1, 2019 to December 24, 2019.
This approval is subject to the following conditions:
- Cargojet shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by Cargojet. 21 Air shall maintain operational control of the flights and 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.
- Cargojet and 21 Air 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.
- Cargojet shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Cargojet and 21 Air shall advise the Agency in advance of any changes to the information provided in support of the application.