BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

____________________________________ 

 ) 

Application of ) 

 ) 

1263343 ALBERTA INC ) 

d/b/a ENERJET ) Docket DOT-OST-2009-0010 

 ) 

For an amended foreign air carrier permit ) 

pursuant to 49 U.S.C § 41302 and ) 

exemption authority pursuant to ) 

49 U.S.C § 40109 ) 

 ) 

(Canada-U.S. Scheduled Service) ) 

____________________________________) 

APPLICATION OF 1263343 ALBERTA INC d/b/a ENERJET

FOR AN AMENDED FOREIGN AIR CARRIER PERMIT 

AND EXEMPTION AUTHORITY 

Communications with respect to this document should be sent to: 

 Robyn Mandel 

 Katten Muchin Rosenman LLP 

 2900 K St, N.W., Suite 200 

 Washington, D.C. 20007-5201 

 Telephone: (202) 625-3524 

 Facsimile: (202) 295-7570 

 robyn.mandel@kattenlaw.com

 Counsel for 

 1263343 Alberta Inc. d/b/a Enerjet 

Filed on January 8, 2013 

Notice: Any person who wishes to support or oppose this application must file an 

answer and serve that answer on the above-named counsel and all persons served 

with the application. Answers are due by January 29, 2013. 
BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

____________________________________ 

 ) 

Application of ) 

 ) 

1263343 ALBERTA INC ) 

d/b/a ENERJET ) Docket DOT-OST-2009-0010 

 ) 

For an amended foreign air carrier permit ) 

pursuant to 49 U.S.C § 41302 and ) 

exemption authority pursuant to ) 

49 U.S.C § 40109 ) 

 ) 

(Canada-U.S. Scheduled Service) ) 

____________________________________) 

APPLICATION OF 1263343 ALBERTA INC. d/b/a ENERJET

FOR AN AMENDED FOREIGN AIR CARRIER PERMIT 

AND EXEMPTION AUTHORITY 

1263343 Alberta Inc. d/b/a enerjet (“enerjet”), a Canadian air carrier, hereby 

requests that the Department amend enerjet’s foreign air carrier permit to enable it to 

engage in scheduled air transportation of persons, property and mail between Canada and 

the United States as more specifically set forth herein. This amended application is made 

pursuant to 49 U.S.C. §§ 40109 and 41302, Subparts B and C of the Department’s Rules 

of Practice in Proceedings (14 CFR Part 302.201 and 302.301 et. seq.), Part 211 of the 

Department’s Economic Regulations (14 CFR Part 211) and the Department’s August 23, 

2005 Notice on Streamlining Regulatory Procedures in Docket OST-2005-22228. 

Enerjet currently performs non-scheduled chartered flights between Canada and 

the United States pursuant to its existing authority granted by the U.S. Department of 
Enerjet Application for an Amended Foreign Air Carrier Permit and Exemption Page 2 of 10 

Transportation (“DOT”). Enerjet received authority from the relevant Canadian aviation 

authorities to perform scheduled flights and desires to perform scheduled flights from 

Canada into the United States. Therefore, enerjet is requesting that the DOT expand 

enerjet’s authority to include performing scheduled air service between points in Canada 

and points in the United States. Enerjet intends to commence its scheduled service into 

the United States as soon as possible. 

Enerjet therefore requests that the Department issue on an expedited basis an 

order granting exemption authority for such flights for a two-year period, and tentatively 

approve by show-cause procedures the amended foreign air carrier permit authorizing 

such flights to supersede the exemption authority if effective before the expiration of the 

two-year exemption authority. 

In support of this application, enerjet states as follows: 

1. By Final Order 2009-6-21 (June 24, 2009), the Department issued a 

foreign air carrier permit to enerjet authorizing it to engage in (i) charter foreign air 

transportation of persons, property, and mail between any point or points in Canada and 

any point or points in the United States and any point or points in a third country or 

countries, provided that, except with respect to cargo charters, such service constitutes 

part of a continuous operation, with or without a change of aircraft, that includes service 

to Canada for the purpose of carrying local traffic between Canada and the United States; 

and (ii) other charters in accordance with 14 CFR Part 212 of the DOT’s regulations (the 

“Existing Authority”). 
Enerjet Application for an Amended Foreign Air Carrier Permit and Exemption Page 3 of 10 

2. Enerjet presently seeks authority to (i) conduct scheduled foreign air 

transportation of persons, property, and mail from points behind Canada, via Canada and 

intermediate points, to a point or points in the United States and beyond, co-extensive 

with that provided for in Annex 1, Section 1.B of the Open Skies Agreement (the “Air 

Transport Agreement”) between Canada and the United States signed on March 12, 2007 

and (ii) scheduled and charter foreign air transportation of cargo between any point or 

points in the United States and any other point or points; in addition to maintaining its 

Existing Authority. Enerjet’s initial scheduled services include non-stop passenger and 

light cargo flights from various airports in Canada (including Edmonton (YEG), Alberta 

(YMM) and Calgary (YYC)) to locations throughout Nevada (including Laughlin (IFP) 

and Las Vegas (LAS)). The timing of the proposed schedule is not finalized yet. Other 

destinations may be added as enerjet discovers a business opportunity to fly there. The 

flights will be initially operated using three 737NG aircraft, bearing Canadian registration 

marks C-GDEG, C-FENJ and C-GZEJ. 

3. Granting enerjet’s request for an amended foreign air carrier permit is 

fully consistent with the Air Transport Agreement. Annex 1 of the Air Transport 

Agreement specifically authorizes scheduled air transportation on routes from points 

behind Canada via Canada and intermediate points to a point or points in the United 

States and beyond. It would also benefit travelers in both the United States and Canada 

by providing additional scheduled service opportunities, and would, therefore, serve the 

public interest. 
Enerjet Application for an Amended Foreign Air Carrier Permit and Exemption Page 4 of 10 

4. Enerjet began as a charter company and now operates both charter and 

scheduled flights. To date, Enerjet’s business plan has not included scheduled service 

from Canada into the United States, but Enerjet has determined that it wishes to expand 

its business model to include such scheduled flight operations into the United States. 

Enerjet obtained its Air Operator Certificate on November 26, 2008 from Transport 

Canada, which has been supplemented since the Existing Authority was granted; see 

attached as Exhibit 1. CTA has also expanded Enerjet’s authority since the Existing 

Authority was granted by permitting Enerjet to operate scheduled international service 

with large aircraft pursuant to Operating License Number 090108 issued on November 6, 

2009, and Operating License Number 100127 issued in December 13, 2010; see new 

licenses and previously existing licenses attached as Exhibit 2. The mailing address for 

the Canadian Transportation Agency is Ottawa, ON, K1A 0N9, Canada and the mailing 

address for Transport Canada is 330 Sparks Street, Ottawa, ON K1A 0N5, Canada. 

5. The company is a private corporation that is registered in the Province of 

Alberta, with its principal place of business at 119 – 1440 Aviation Park NE, Calgary, 

Alberta T2E 7E2, Canada. Enerjet was incorporated in Alberta on August 23, 2006, as 

evidenced by the Certificate of Incorporation attached as Exhibit 3. 

6. The names, addresses and citizenship of Enerjet’s managing directors and 

executive officers are as follows: 

Name Title / 

Role Department Residential Address Business Address Citizenship

Thomas 

(T.W.) 

President / 

Chief 

Executive, 

Director, 

Officer 

149 Hamptons Link 

NW 

Calgary, AB, Canada

119 – 1440 Aviation 

Park NE 

Calgary, AB, Canada 

Canadian 
Enerjet Application for an Amended Foreign Air Carrier Permit and Exemption Page 5 of 10 

Morgan Executive 

Officer & 

Director 

T3A 5V9 T23 7E2 

Darcy 

Morgan 

Vice 

President & 

Director 

Executive, 

Director, 

Officer 

134 37 Street NW 

Calgary AB, Canada 

T2N 3B5 

119 – 1440 Aviation 

Park NE 

Calgary, AB, Canada 

T23 7E2 

Canadian 

Harri Jansson Director Board 

5328 Timberfield 

Place, 

West Vancouver, BC 

V7W 2Y8 

5328 Timberfield Place, 

West Vancouver, BC, 

Canada 

V7W 2Y8 

Canadian 

Greg 

Melchin Director Board 

47 Royal Ridge 

Terrace NW, 

Calgary, AB, Canada 

T3G 5Y9 

47 Royal Ridge Terrace 

NW, Calgary, AB, 

Canada 

T3G 5Y9 

Canadian 

Dean 

McKenzie Director Board 

38 Valley Woods 

Landing NW 

Calgary, AB, Canada

T3B 6A3 

215, 1235 - 26 Avenue 

SE 

Calgary, AB, Canada 

T2G 1R7 

Canadian 

Roger Jewett 

Chief 

Financial 

Officer 

Executive 

212, 1505-27 Ave. 

SW, Calgary, AB, 

Canada 

 T2T 1G5 

119 – 1440 Aviation 

Park NE 

Calgary, AB, Canada 

T23 7E2 

Canadian 

Joe Brennan Corporate 

Secretary 

Officer 

Shea Netherland 

Calnan LLP 

2800, 715-5th Avenue 

SW 

Calgary, AB, Canada

T2P 2X6 

Shea Netherland 

Calnan LLP 

2800, 715-5th Avenue 

SW 

Calgary, AB, Canada 

T2P 2X6 

Canadian 

Note: Thomas W. Morgan, President & CEO (Officer and Director) and Darcy Morgan, 

Vice President (Officer and Director) are related by blood. No further relations either via 

blood or marriage exist within the Managing Directors / Executive Officers of the 

company. 

7. An estimate showing the total traffic and the financial results of the 

proposed services for the first full year of normal operations is attached as Exhibit 4. 
Enerjet Application for an Amended Foreign Air Carrier Permit and Exemption Page 6 of 10 

Exhibit 4 is being submitted under seal pursuant to a Rule 12 Motion for Confidential 

Treatment. 

8. All persons or entities which are share holders of enerjet are required to be 

Canadian citizens and/or controlled by Canadian citizens pursuant to enerjet’s 

governance structure. The holder(s) of five percent or more of enerjet stock is set forth in 

Exhibit 5, which is being submitted under seal pursuant to a Rule 12 Motion for 

Confidential Treatment. 

9. Enerjet is owned and effectively controlled by Canadians. There is no 

relationship between Enerjet and the Canadian government and Enerjet neither receives 

nor expects to receive any financial assistance from the Canadian government. Enerjet is 

a privately owned corporation and all managerial decisions are made by Enerjet 

management. Enerjet’s officers, directors and managers do not hold any interest in, or 

have control of, a U.S. carrier, a foreign air carrier, or any entity engaged in the business 

of aeronautics, except as set forth herein. 

10. Attached as Exhibit 6 are copies of 1263343 Alberta Inc.’s audited 

financial statements for its fiscal years ended September 30, 2010 and 2011. Exhibit 6 is 

being submitted under seal pursuant to a Rule 12 Motion for Confidential Treatment. 

11. Enerjet maintains insurance of the type and in the amounts required by 14 

CFR Part 205. Enerjet’s insurance broker is Marsh Canada Limited, 1100, 222 – 3rd

Avenue S.W., Calgary, Alberta, Canada T2P 0B4. Attached as Exhibit 7 is OST Form 

6411. 


LIST OF EXHIBITS

Exhibit 1. Air Operator Certificate 

Exhibit 2. Operating License 

Exhibit 3. Certificate of Incorporation 

Exhibit 4. Financial Forecast 

Exhibit 5. Ownership Structure 

Exhibit 6. Audited Financials 

Exhibit 7. Insurance (OST Form 6411) 

Exhibit 8. Verification
EXHIBIT 1 

Air Operator Certificate































EXHIBIT 2 

Operating License




EXHIBIT 3 

Certificate of Incorporation for 1263343 Alberta Inc.

EXHIBIT 4 

Financial Forecast 

[Confidential Treatment Requested Under §302.12]
EXHIBIT 5 

Ownership Structure 

[Confidential Treatment Requested Under §302.12]
EXHIBIT 6 

Audited Financials 

[Confidential Treatment Requested Under §302.12]
EXHIBIT 7 

Insurance (OST Form 6411)
Office of the Secretary 

of Transportation 

AGENCY DISPLAY OF ESTIMATED BURDEN 

The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you wish to 

comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your comments to: U.S. 

Department of Transportation, Office of Aviation Analysis, X-56, 400 7th St., SW, Washington, D.C. 20590. According to the

Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 

OMB control number. 

Note: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below. 

OMB No. 2106-0030 Expires 2-28-2011 

FOREIGN AIR CARRIERS – CERTIFICATE OF INSURANCE 

POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY 

AND PROPETY DAMAGE LIABILITY 

FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, Air Transportation Div., AFS-260, 800 

Independence Ave., SW., Washington DC 20591. (See EXCEPTION below.) 

EXCEPTION: If Section 2.A. is filled in because the insured is a Canadian Charter Air Taxi Operator, file an original of this form with the U.S. 

Department of Transportation, Special Authorities Division (X-46), 400 7th Street, SW, Washington, D.C. 20590 

(Please type information, except signatures.)

THIS CERTIFIES THAT: Underwriters at Lloyd’s of London and Certain Canadian Licensed Companies 

(Name of Insurer) 

Has issued a policy or policies of Aircraft Liability Insurance to 1263343 Alberta Inc. and / or Enerjet 

119 1440 Aviation Park NE, Calgary, AB T2E 7E2 

FAA Certificate Number 

(Name, address and FAA Certificate number of Insured Foreign Air Carrier) 

effective from November 1, 2012 Until ten (10) days after written notice from the insurer or carrier of the intent to terminate 

coverage is received by the Department of Transportation. 

NOTE: Part 205 of the Department’s Regulations does not allow for a predetermined termination date, and a certificate showing such a 

date is unacceptable. 

1. The Insurer (Check One):

 is licensed to issue aircraft insurance policies in the United States; 

 is licensed or approved by the government of Canada to issue aircraft insurance policies; or 

 is an approved surplus line insurer in the State(s) of 

2. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the 

following during operation, maintenance, or use of aircraft in “foreign air transportation” as that tem is defined in 49 U.S.C. 40102. 

A. CANADIAN CHARTER AIR TAXI OPERATORS WITH PART 294 ATHORITY ONLY

The aircraft covered by this policy have: (1) 30 or fewer passenger seats and a maximum payload capacity of 7,500 pounds or 

less; and/or (2) a maximum authorized takeoff weight on wheels of no more than 35,000 pounds. (Complete separate or 

combined coverage as appropriate):

 Separate Coverages: Minimum Limit 

Policy No. Type of Liability Each person Each Occurrence 

Combined Bodily Injury (Excluding Passengers other than 

cargo attendants) and Property Damage Liability $ 75,000 $2,000,000*(See note) 

 Passenger Bodily Injury $ 75,000 

$75,000 x 75% of total 

number of passenger seats 

installed in aircraft 

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damage, an passenger bodily injury. 

Policy No. Amount of Coverage U.S. Dollars 

 This policy covers CARGO operations only and excludes passenger liability insurance. 

NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity of 7,500 

pounds, the minimum limit per occurrence shall be $20,000,000 

OST Form 6411 

B. FOREIGN AIR CARRIERS OPERATING SMALL AIRCRAFT

The aircraft covered by this policy are SMALL AIRACRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload 

capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate):
 Separate Coverages: Minimum Limit 

Policy No. Type of Liability Each person Each Occurrence 

Combined Bodily Injury (Excluding Passengers other than 

cargo attendants) and Property Damage Liability $ 300,000 $2,000,000 

 Passenger Bodily Injury $ 300,000 

$300,000 x 75% of total 

number of passenger seats 

installed in aircraft 

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damage, an passenger bodily injury. 

Policy No. Amount of Coverage U.S. Dollars 

 This policy covers CARGO operations only and excludes passenger liability insurance. 

C. FOREIGN AIR CARRIERS OPERATING LARGE AIRCRAFT

The aircraft covered by this policy are LARGE AIRACRAFT (i.e., with more than 60 passenger seats or with a maximum 

payload capacity of more than 18,000 pounds). (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit 

Policy No. Type of Liability Each person Each Occurrence 

AU117012 

Combined Bodily Injury (Excluding Passengers other than 

cargo attendants) and Property Damage Liability $ 300,000 $20,000,000 

AU117012 Passenger Bodily Injury $ 300,000 

$300,000 x 75% of total 

number of passenger seats 

installed in aircraft 

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury. 

Policy No. Amount of Coverage U.S. Dollars 

 This policy covers CARGO operations only and excludes passenger liability insurance. 

3. The policy or policies listed in this certificate insure(s) (Check One): Make and Model FAA or Foreign Flag 

Registration No. 

 Operations conducted with all aircraft operated by the insured 

 Operations conducted with the following types of aircraft 

 Operations with the following aircraft (use additional page if necessary) 

4. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205. 

 Marsh Canada Limited 

(Name of Insurer) (Name of Broker, if applicable) 

222 – 3rd Ave SW 

(Address) (Address) 

Calgary, AB, T2P 0B4 

(City, State, Zip Code) (City, State, Zip Code) 

Contact (person who can verify the effectiveness of the coverage) (Officer or authorized representative)) 

Sigmund Berlie 

(403) 476 3463 (403) 476 3584 

(Area Code, Phone Number)) (Area Code, Fax Number) (Area Code, Phone Number)) (Area Code, Fax Number) 

(Signature, if applicable) (Signature) 

November 1, 2012 

(Date) (Date) 
WAS01_41898942v1_340599-00001 1/3/2013 5:07 PM 

EXHIBIT 8 

Verification 
Verification

Pursuant to Title 18 of the United States Code section 1001, I, Thomas (T.W.) Morgan, in

my individual capacity and as the authorized representative of the applicant, have not in any

manner knowingly and willfully falsified, concealed or covered up any material fact or made any

false, fictitious, or fraudulent statement or knowingly used any documents which contain such

statement in connection with the preparation, filing, or prosecution of this application. I

understand that an individual who is found to have violated the provisions of 18 U.S.C. §1001

shall be fined no more than $10,000 or imprisoned not more than five years, or both.

1263343 Alberta Inc d/b/a enerjet

_____________________________

Name: Thomas (T.W.) Morgan

Title: President & CEO

December 28th, 2012

____________________________

Date