Unicair GmbH - approval pursuant to paragraph 80(1)(c) of the CTA

Application by Unicair GmbH (Licensee) pursuant to paragraph 80(1)(c) of the Canada Transportation Act, SC 1996, c 10 (CTA)

The Licensee has applied to the Canadian Transportation Agency (Agency) for exemptions to permit it to operate urgent last minute air ambulance charter flights to or from Canada and a country other than Germany without being required to apply for and obtain a program permit from the Agency.

The Licensee states that they are an air medevac provider that has a fleet of eleven aircraft operating worldwide for urgent air ambulance flights.

The Licensee submits that it may receive requests to provide patient transportation on an urgent basis to or from Canada on short notice and during the weekend.

The Licensee is licensed to operate charter flights between Germany and Canada.

Section 21 of the Air Transportation Regulations, SOR/88-58 (ATR) requires the Licensee to apply to the Agency and obtain a program permit prior to operating charter flights to or from Canada and a country other than Germany.

The Agency finds that the Licensee has demonstrated that it operates time sensitive air ambulance charter flights and that compliance by the Licensee with the requirement of section 21 of the ATR to obtain Agency approval prior to the operation of last minute time-sensitive air ambulance charter flights between Canada and countries other than Germany is impractical.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts the Licensee from the application of section 21 of the ATR in respect of last minute air ambulance charter flights, effective from the date of this Order, and deems it appropriate pursuant to subsection 74(1) of the CTA to add the following condition to the Licensee's non scheduled international Licence 220002.

Additional condition

The Licensee is authorized to operate last minute air ambulance charter flights between Canada and countries other than Germany without obtaining prior approval of the Agency subject to the Licensee notifying the Agency by email prior to the operation of charter flights. The notification shall include:

• the date, the time, the name of the charterer, the points of origin and destination and routing of the flight, the type and configuration of the aircraft, and the number of seats contracted for;
• the date on which the Licensee was first approached by its client to operate the flight, including an explanation as to why a program permit issued by the Agency could not have been obtained during regular business hours.