The Canadian Transportation Agency recently published a decision which sets out how it determines what constitutes an “air service” and what criteria will be applied in making that determination. The Agency is mandated to administer, interpret and enforce the Canada Transportation Act (“CTA”). The CTA provides for various licensing requirements in respect of air transportation and those requirements apply to any person who operates or intends to operate an “air service” in Canada. Therefore, the answer to the question of whether one is operating an air service may have significant consequences on the obligations to comply with regulatory requirements.
“Air Service” is defined in the CTA as “a service provided by means of an aircraft, that is publicly available for …Keep reading