BEFORE THE

UNITED STATES DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

_________________________________ Application of

2106701 Ontario Inc. DBA NovaJet

For exemption authority pursuant to

49 U.S.C § 40109 and a foreign air carrier

Permit pursuant to 49 U.S.C § 41302

_________________________________



### Application of 2106701 Ontario Inc. DBA NovaJet

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Communications with respect to this document should be sent to:

Greg Young

2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2

Ph: 905 673 0287

Fax: 905 673 5039

Mobile: 905 626 8359

gregyoung@novajet.ca

Counsel for

2106701 Ontario Inc. DBA NovaJet

Filed on February 9 th

, 2011

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 March 2 nd

, 2011.Page 1

BEFORE THE

UNITED STATES DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

_________________________________ Application of

2106701 Ontario Inc. DBA NovaJet

For exemption authority pursuant to

49 U.S.C § 40109 and a foreign air carrier

Permit pursuant to 49 U.S.C § 41302

_________________________________



### Application of 2106701 Ontario Inc. DBA NovaJet

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

2106701 Ontario Inc. DBA NovaJet, a Canadian Charter Operator, hereby applies for an

exemption and a foreign air carrier permit to engage in non

‐ scheduled charter flights in foreign

air transportation between Canada and the United States as more specifically set forth herein.

This application is made pursuant to 49 U.S.C § 40109 and 49 U.S.C § 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.

2106701 Ontario Inc. DBA NovaJet’s initial charter services requested areas of operation

include the entire United States and its possessions. The frequency of services at the start of

operations, and any seasonal variations, will depend on the demand to fly into the United

States.Page 2

2106701 Ontario Inc. DBA NovaJet Application for a Foreign Air Carrier Permit and Exemption

2106701 Ontario Inc. DBA NovaJet seeks authority to engage in charter foreign air

transportation of persons, property, and mail: 1) Between any points in Canada and any point

or points in the United States: 2) Between 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 operations, 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 3) Other charter operations in accordance with 14 CFR Part

212 of the Department’s regulations.

The aircraft types used are: Piper Cheyenne II, Piaggio Avanti, Dassault Falcon 10, Dassault

Falcon 20 and Dassault Falcon 2000. 2106701 Ontario Inc. DBA NovaJet intends to commence

these services as soon as possible.

2106701 Ontario Inc. DBA NovaJet 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 a 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, 2106701 Ontario Inc. DBA NovaJet states as follows:

1. On March 12, 2007, Canada and the United States signed a new open skies agreement

to further liberalize the international aviation system. Annex III of the Air Transport

Agreement specifically authorizes charter air transportation on routes between Canada

and the United States and any points in a third country or countries.

2. 2106701 Ontario Inc. DBA NovaJet is 100% owned by a Canadian citizen. 2106701

Ontario Inc. DBA NovaJet principal place of business is 2450 Derry Road East, Hangar 9,Page 3

2106701 Ontario Inc. DBA NovaJet Application for a Foreign Air Carrier Permit and Exemption

Mississauga, Ontario, Canada, L5S 1B2. 2106701 Ontario Inc. DBA NovaJet was

incorporated in Toronto, Ontario on June 28 th 2006 as evidenced by the Certificate of

Incorporation attached as Exhibit 1.

3. In Canada, there are two air transport authorities. The Canadian Transportation Agency

and Transport Canada work together to regulate the carriers in Canada. The Canadian

Transportation Agency (CTA) is an independent, quasi

‐ judicial tribunal that makes

decisions on a wide range of economic matters involving federally

‐ regulated modes of

transportation (air, rail and marine). A decision or order of the CTA may be made an

order of the Canadian Federal Court or of any superior court and is enforceable in the

same manner as such an order. Along with its roles as an economic regulator and an

aeronautical authority, the CTA works to facilitate accessible transportation, and serves

as a dispute resolution authority over certain transportation rate and service

complaints. The Departments vision statement is to have a transportation system in

Canada that is recognized worldwide as safe and secure, efficient and environmentally

responsible. Transport Canada’s mission is to serve the public interest through the

promotion of a safe and secure, efficient and environmentally responsible

transportation system in Canada. The mailing address for the Canadian Transportation

Agency is Ottawa, ON, K1A 0N5, Canada and the mailing address for Transport Canada is

330 Sparks Street, Ottawa, ON, K1A 0N5, Canada.

4. 2106701 Ontario Inc. DBA NovaJet is an established Canadian Air Carrier and is

operating as a licensed airline. It was established and started operations in 2006, when

it received its Air Operator Certificate, which was amended on January 27 th

, 2011. Air

Operator Certificate No.9856 is attached as Exhibit 2. CTA authorized 2106701 Ontario

Inc. to operate domestic and non

‐ scheduled international services, small aircraft.

Operating License Numbers 060109 and 060110 are attached as Exhibit 3. 2106701

Ontario Inc. DBA NovaJet operates worldwide on demand charters.Page 4

2106701 Ontario Inc. DBA NovaJet Application for a Foreign Air Carrier Permit and Exemption

5. 2106701 Ontario Inc. DBA NovaJet is an Air Carrier that Operates Small Aircrafts having

a maximum capacity of not more than 60 seats or a maximum payload capacity of not

more than 18,000 pounds.

6. Attached to this application shown on Exhibit 4 is a chart providing the names,

addresses (b oth residence and business), and citizenship of the Director and key

management personnel of 2106701 Ontario Inc. DBA NovaJet.

7. Any persons shown on Exhibit 4 are not related by blood or marriage.

8. 2106701 Ontario Inc. DBA NovaJet is owned and controlled by Canadians. There is no

relationship between 2106701 Ontario Inc. DBA NovaJet and the Canadian government

and 2106701 Ontario In c. DBA NovaJet neither receives nor expects to receive any

financial assistance from the Canadian government. 2106701 Ontario Inc. DBA NovaJet

director and managers do not hold any interest in, or have control of: a U.S. carrier; a

foreign air carrier; an y entity engaged in the business of aeronautics, except as set forth

herein; or any common carrier or stock in or control of any air carrier.

9. Attached to this application shown on Exhibit 5 is 2106701 Ontario Inc. Ownership and

Structure chart.

10. 2106701 Ontario Inc. DB A NovaJet maintains insurance of the type and in the amounts

required by 14 CFR Part 205. Attached as Exhibit 6 is OST Form 6411.

11. Attached as Exhibit 7 is a list of aircraft owned, leased and operated by 2106701 Ontario

Inc. DBA NovaJet. All aircraft are used exclusivel y by 2106701 Ontario Inc. DBA NovaJet

and none are or will be wet

‐ leased.Page 5

2106701 Ontario Inc. DBA NovaJet Application for a Foreign Air Carrier Permit and Exemption

12. 2106701 Ontario Inc. DBA NovaJet Maintenance program continues to comply with the

provisions of ICAO Pilots and Airmen Annexes 1, 6 (part 1) and 7 as shown on Exhibit 8.

13. 2106701 Ontario Inc. DBA NovaJet has no agreements, or cooperative working

arrangements with any U.S. carrier or foreign air carrier with the exception of a contract

maintenance agreement with Execaire to provide maintenance support for our Dassault

Falcon 2000.

14. Attached as Exhibit 9 are copies of 2106701 Ontario Inc. DBA NovaJet financial

statements for the years 2008 and 2009. Included is statement by Charles Buchanan,

CEO, that they are complete and accurate.

15. As previously stated, 2106701 Ontario Inc. DBA NovaJet is an on demand charter

operated airline and has no scheduled flights planned. Therefore, 2106701 Ontario Inc.

DBA NovaJet cannot estimate, at this time, the total traffic, or any financial results, for

the first full year of normal operations. 2106701 Ontario Inc. DBA NovaJet will charter

flights base on demand; thus, no routes or destinations have been established.

16. 2106701 Ontario Inc. DBA NovaJet has never been involved in any safety or tariff

violations or any accidents.

17. 2106701 Ontario Inc. DBA NovaJet currently has DOT Economic Authority No. 621 under

Part 294, Canadian Air Taxi, and holds FAA Foreign Air Carrier Operations Specifications

Number NVKF192F under FAR 129.

18. Attached as Exhibit 10 are three copies of OST Form 4523, Partial Waiver of the Liability

Limitations of the Warsaw Convention.

### LIST OF EXHIBITS

Exhibit 1 Certificate of Incorporation

Exhibit 2 Air Operator Certificate

Exhibit 3 Operating License

Exhibit 4 Directors and Key Management

Exhibit 5 Structure Chart

Exhibit 6 Insurance OST Form 6411

Exhibit 7 Aircraft Operated by 2106701 Ontario

Inc. DBA NovaJet

Exhibit 8 Approved Maintenance Organization

Exhibit 9 Financial Statements

Exhibit 10 Partial Waiver OST Form 4523

Exhibit 11 VerificationEXHIBIT 1

CERTIFICATE OF INCORPORTATION OF 2106701 Ontario INC. DBA NOVAJETEXHIBIT 2

AIR OPERATOR CERTIFICATEEXHIBIT 3

OPERATING LICENSEEXHIBIT 4

DIRECTORS AND KEY M ANAGEMENT PERSONNELName Title Department Residential

Address Business

Address Citizenship

Charles

Buchanan CEO/Director Executive 15 Royal Oak Crescent

Huntsville, Ontario

P1H 0A8 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2

Canada Canadian

Gregory

Young Director of Flight

Operations/Chief

Pilot Flight

Operations 431 Sydor Court

Newmarket, Ontario

L3X 2Y6 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2

Canada Canadian

Rockefeller

Simon Director of

Maintenance Maintenance 23 Porteous Circle

Brampton, Ontario

L6S 5C1 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2

Canada CanadianEXHIBIT 5

ORGANIZATIONAL STRUCTURE CHARTThe diagram below illustrates the organizati onal structure of 2106701 Ontario Inc. DBA

NovaJet.

Charles Buchanan

Canadian Citizen

100% Share HolderEXHIBIT 6

INSURANCE 0ST FORM 6411EXHIBIT 7

AIRCRAFT OPERATED BY 2106701 Ontario INC. DBA NOVAJET1. Owned Aircraft

Aircraft Registration Addr ess Country Citizenship

C-GJET 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada Canadian

2. Leased Aircraft

Aircraft Registration Addr ess Country Citizenship

C-GBCI 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada Canadian

C-GOJC 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada Canadian

C-GMFP 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada Canadian

C-GPDJ 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada Canadian

C-GJLR 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada Canadian

C-FWTF 2450 Derry Road East

Hangar 9

Mississauga, Ontario

L5S 1B2 Canada CanadianEXHIBIT 8

2106701 Ontario INC. DBA NOVAJET APPROVED MAINTENANCE

ORGANIZATION AND CONTRACT APPR OVED MAINTENENACE ORGANIZATIONEXHIBIT 9

FINANCIAL STATEMENTSEXHIBIT 10

PARTIAL WAIVER OST FORM 4523EXHIBIT 11

VERIFICATION