BEFORE THE UNITED STATES r • "^ 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of: 

Docket OST 2003-15060 

CANADIAN NORTH INC. 

carrying on business as 

CANADIAN NORTH 

For renewal of an exemption 

Under 49 U.S.C. section 40109 

APPLICATION FOR RENEWAL OF AN EXEMPTION 

FILED BY CANADIAN NORTH INC. 

Communications with respect to 

this document should be sent to: 

Steve Hankirk 

Vice President Operations, 

Airports & Charters 

Canadian North 

200, 580 Palmer Road NE 

Calgary, Alberta 

T2E 7R3 

Telephone: (403) 503-2318 

Fax: (403) 250-2019 

Dated: hf - -tA=^ 10 > \ 0 2- / O / O , 
BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of: 

Docket OST 2003-15060 

CANADIAN NORTH INC. 

Carrying on business as 

CANADIAN NORTH 

For an exemption under 

49 U.S.C. section 40109 

APPLICATION FOR AN EXEMPTION 

FILED BY CANADIAN NORTH INC. 

1) Applicant: 

Canadian North 

Suite 300, 5201-50^^ Avenue 

Yellowknife, Northwest Territories 

Canada 

X1A3S9 

Pursuant to 49 USC Section 40109 and the Department's Procedural Regulations, 

Canadian North Inc. c/o/b Canadian North hereby requests renewal of the exemption 

from 49 USC 41301 granted in this document on May 28, 2008 authorizing the carrier 

to conduct passenger and cargo charter operations between any points in Canada and 

any points in the United States, and other charters in accordance with 14 CFR Part 

212. This authority was granted for a period of two years and is due to expire on May 

28,2010. 

2) Operations: 

Canadian North conducts a charter passenger and cargo service to points in the United 

States utilizing nine Boeing 737-200 aircraft. 
Canadian North has current Part 129 Foreign Air Carrier Operations Specification No. 

N0OF050F. The FAA district office maintaining these records is: 

Northwest Mountain Region 

Flight Standards District Office 

Seattle International Field Unit 

1601 Lind Avenue, SW, Suite 260 

Renton, Washington 98055-4056 

3) Bilateral Air Transport Agreement: 

The United States-Canada Air Transport Services Agreement encompasses this 

operation. 

4) Company Senior Management: 

There have been no changes in the citizenship of Canadian North's senior executives, 

directors and management personnel since our last filing with the department. All 

senior company personnel are Canadian citizens and residents of Canada. 

Since our last filing there have been two changes to the company senior management 

structure. A Director, Commercial Flight Operations and Charters has been appointed 

and the position of Director In-Flight has been replaced by the Senior Manager, Cabin 

Safety & Onboard Product. Both of these positions report directly to the Vice 

President, Operations, Airports and Charters. Both of the appointees are resident 

Canadian citizens with no other business interests, Canadian or Foreign 

5) Stockholders: 

Canadian North is 100 percent owned by NorTerra Inc. and does not have any 

stockholders. NorTerra Inc. does not have any interests in other aeronautics 

companies. The ownership of Canadian North remains 100 percent Canadian 

aboriginal owned and operated. 
6) Accident Liability Insurance Coverage: 

Canadian North utilizes the insurance brokerage services of Marsh Canada Limited 

(an MMC Company) and is insured with Lloyds and certain insurance companies. The 

coverage meets all requirements of Title 14 CFR, Chapter II, subchapter A, part 205. 

A certificate of insurance has been filed with the Federal Aviation Administration 

Headquarters, Program Management Branch (FAA/AFS-260). 

7) Operating Authority: 

Canadian North Inc. carrying on business as Canadian North operates under the 

authority of Department of Transport Air Operator Certificate (AOC) 10008. This 

AOC authorizes Canadian North Inc. to operate a domestic and non-scheduled 

international service utilizing Bombardier DH8 and Boeing 737 type aircraft. The 

AOC is current and does not have an expiration date and remains in effect until 

suspended or cancelled. 

Canadian North is currently authorized a domestic service utilizing medium, large and 

all-cargo aircraft under Canadian Transportation Agency (CTA) Licence No. 980142 

and a non-scheduled international service utilizing large aircraft under CTA Licence 

No. 030036. 

8) Operating History: 

Canadian North has not had any safety violations, defaulted on any transportation 

commitments or been the subject of any bankruptcy proceedings in the past five years. 

9) Automatic Extension Provision: 

Canadian North hereby invokes the automatic extension provisions of the 

Administrative Procedure Act, 5 USC 558 sub c, as implemented by 14 CFR Part 377, 

to keep our exemption authority in effect pending final action by the Department on 

the renewal request. 

Submitted by: 

Steve Hankirk 

Vice President Operations, Airports 

and Charters 

Attachment: 

Notice of Action Taken - Docket OST 2003-15060 
m UNITED STATES OF AMERICA 

4jfn^ DEPARTMENT OF TRANSPORTATION 

W^Sl} OFFICE OF THE SECRETARY 

ysSSi ^ WASHINGTON, D.C. 

Issued by the Department of Transportation on May 28,2008 

NOTICE OF ACTION TAKEN ~ DOCKET OST-2003-15060 

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter). 

Applicant: Canadian North Inc. c/o/b Canadian North Date Filed: May 9,2008 

Relief requested: Exemption from 49 U.S.C. § 41301 to permit the applicant to conduct passenger and cargo charter 

operations between any point or points in Canada and any point or points in the United States, and other charters in 

accordance with 14 CFR Part 212. 

If renewal, date and citation of last action: February 12,2007, in this Docket 

Applicant representatives: Steve Hankirk, 403-503-2311 DOT Analyst: George Wellington (202) 366-2391 

Responsive pleadings: None filed 

DISPOSITION 

Action: Approved Action date: May 28, 2008 

Effective dates of authority granted: May 28,2008 - May 28,2010 

Basis for approval (bilateral agreement/reciprocity): United States-Canada Air Transport Agreement 

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

exemption conditions (attached). 

Action taken by: Paul L. Gretch, Director 

Office of International Aviation 

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is 

qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant of the 

authority was consistent witii the public interest; and (4) grant of the authority would not constitute a major regulatory 

action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we 

denied all requests in the referenced Docket We may amend, modify, or revoke the authority granted in this Notice at 

any time without hearing at our discretion. 

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department's 

regulations, 14 CFR § 385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. 

This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. 

An electronic version of this document is available on the World Wide Web at: 

http://www. regtilationst. gov 
Foreign Carrier Exemption Conditions 

In the conduct of the operations authorized, the foreign carrier applicant(s) shall: 

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such 

operations, and it has filed a copy of such authorization with the Department; 

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, including, but not 

limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with 

all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new 

service (including charter flights) from a foreign airport that would be the holder's last point of departure for the 

United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal 

Security Inspector) to advise the IIR of its plans and to find out whether the Transportation Security Administration 

has determined that security is adequate to allow such airport(s) to be served; 

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the 

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed 

OST Form 6411, with the Federal Aviation Administration's Program Management Branch (AFS-260), Flight 

Standards Service (any changes to, or termination of, insurance also shall be filed with that office); 

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least 

equivalent to Annex 6 of the Chicago Convention; 

(5) Conform to the airworthiness and airman competency requirements of its Government for international air 

services; 

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; 

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 

U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other 

tribunal in the United States that are: (a) based on its operations in international air transportation that, according to 

the contract of cartiage, include a point in the United States as a point of origin, point of destination, or agreed 

stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim 

under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this 

condition, the term "international air transportation" means "international transportation" as defined by the Warsaw 

Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this 

definition; 

(8) Except as specifically authorized by the Department, originate or terminate all flights to/firom the United States 

in its homeland; 

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and 

charter data; 

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply 

with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and 

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with 

all applicable laws of the United States. 

This authority shall not be effective during any period when the holder is not in compliance with the conditions 

imposed above, Moreover, this authority cannot be sold or otherwise transferred without explicit Department 

approval under Title 49 of the U.S. Code. 

12/2007