BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

WESTJET ENCORE LTD. 

For a foreign air carrier permit pursuant 

to 49 U.S.C. § 41301 and exemption 

authority pursuant to 49 U.S.C. § 40109 

(U.S. – Canada) 

Docket DOT-OST-2014- 

APPLICATION OF WESTJET ENCORE LIMITED FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

Communications with respect to this document should be sent to: 

 Don H. Hainbach 

 Jason E. Maddux 

 Garofalo Goerlich Hainbach PC 

 1200 New Hampshire Avenue NW 

Suite 590 

 Washington, D.C. 20036 

 Tel: 202-776-3970 

 dhainbach@ggh-airlaw.com 

 jmaddux@ggh-airlaw.com 

 Counsel for WestJet Encore Ltd. 

November 13, 2014 

NOTICE: Any person may support or oppose this application by filing an answer and serving a 

copy of the answer on counsel for WestJet Encore Ltd. and upon each person served with this 

application. Answers to the exemption application must be filed on or before November 28, 

2014, and answers to the permit application must be filed on or before December 4, 2014. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

WESTJET ENCORE LTD. 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(US – Canada) 

Docket DOT-OST-2014- 

APPLICATION OF WESTJET ENCORE LIMITED FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

Pursuant to section 41301 of Title 49 of the United States Code and Parts 211 and 302 of 

the Department’s Economic Regulations, WestJet Encore Ltd. (“WestJet Encore”) hereby applies 

for a foreign air carrier permit to the full extent authorized by the Air Transport Agreement 

between the Government of the United States of America and the Government of Canada in 

order to engage in: 

(i) 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; 

(ii) charter foreign air transportation of persons, property and mail from 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 

(iii) other charter transportation pursuant to the prior approval requirements set forth 

in Part 212 of the Department’s Economic Regulations. 
2 

WestJet Encore further requests exemption authority under section 40109 of Title 49 to 

the extent necessary to enable it to provide the services described above pending issuance of a 

foreign air carrier permit and such additional or other relief as the Department may deem 

necessary or appropriate. It also requests a statement of authorization to the extent necessary to 

enable WestJet Encore to operate U.S.-Canada transborder service on behalf of WestJet under 

the “WestJet” name. 

WestJet Encore requests that the authority described above be issued expeditiously and 

that the Department process this application pursuant to the streamlined regulatory procedures 

for licensing U.S. and foreign air carriers set forth in the Notice dated August 23, 2005 (Docket 

OST-2005-22228), and issue a single order (1) granting the requested exemption authority for a 

two-year period or until the requested permit authority becomes effective, whichever occurs first, 

and (2) approving the corresponding foreign air carrier permit under the show-cause procedures 

described in the August 23, 2005 Notice. 

In support of this Application, WestJet Encore states as follows: 

1. Name and Address of Applicant 

The full name and address of Applicant is: 

WestJet Encore Ltd. 

22 Aerial Place NE 

Calgary, Alberta T2E 3J1 

Canada 

2. Form of Organization 

WestJet Encore Ltd. is a corporation, incorporated in the Province of Alberta, under the 

Business Corporations Act (Alberta). 

 
3 

3. Operational Authority 

WestJet Encore holds an Air Operator Certificate issued by Transport Canada, a copy of 

which is attached as Exhibit 1. With respect to economic route authority, Decision Nos. 42-A2013 and 236-A-2013, issued by the Canadian Transportation Agency, authorize WestJet Encore 

to operate domestic (within-Canada) service and scheduled international service between Canada 

and the United States on behalf of its parent company, WestJet. Copies of those Decisions are 

attached as Exhibit 2. 

4. Name and Address of Relevant Aviation Authority 

The competent Canadian air transport authorities with regulatory jurisdiction over 

WestJet Encore are: 

Canadian Transportation Agency 

15 Eddy Street 

Gatineau (Hull), Quebec, Canada 

J8X 4B5 

Transport Canada 

330 Sparks St 

Ottawa, ON K1A 0N8 

5. Bilateral Authority 

Aviation relations between the United States and Canada are governed by the Air 

Transport Agreement between the Government of the United States of America and the 

Government of Canada (2007) (“Agreement”). In pertinent part, the Agreement provides for 

Canadian carriers to operate scheduled service from points behind Canada via Canada and 

intermediate points to a point or points in the United States and beyond. The Agreement also 

provides for Canadian carriers to enter into cooperative marketing arrangements. Accordingly, 

the authority requested here is consistent with the Agreement.

 
4 

6. Proposed Services 

WestJet Encore will operate as a regional carrier on behalf of WestJet. In that capacity, 

WestJet Encore anticipates operating transborder service on behalf of WestJet from WestJet hubs 

in Canada, such as Calgary and Toronto, to points in the United States. 

7. Directors and Key Management Personnel 

The names and citizenship of WestJet Encore’s directors and key management personnel 

are as follows: 

Name Address Title Citizenship 

Ferio Pugliese 22 Aerial Place NE 

Calgary, AB T2E 3J1 

President Canadian 

Gregg Saretsky 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Director and Chief Executive 

Officer 

Canadian and 

United States 

Vito Culmone 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Executive Vice‐President, 

Finance and Chief Financial 

Officer 

Canadian 

Ed Baklor 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Vice‐President, Guest 

Services 

United States 

Bob Cummings 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Executive Vice‐President, 

Sales, Marketing and Guest 

Experience 

Canadian 

Fred Cleveland 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Executive Vice-President, 

Operations 

United States 

Candice Li 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Vice‐President, Controller Canadian 

Barbara Munroe 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Vice President, General 

Counsel and Corporate 

Secretary 

Canadian 

Heather Wilson 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Assistant Corporate 

Secretary 

Canadian 

Roger McIntosh 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Vice President, Technical 

Operations 

Canadian 

Grant Theaker 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Vice President, Treasury Canadian 

David Moore 22 Aerial Place NE 

Calgary, AB T2E 3J1 

Vice President, Flight 

Operations 

Canadian 

None of the individuals listed above are related by blood or marriage. 

 
5 

8. Ownership and Control of Applicant 

WestJet Encore is wholly owned by (i.e. 100% of its shares are held by) WestJet 

Airlines Ltd., which the Department found to be substantially owned and effectively controlled 

by citizens of Canada. See Order 2012-3-6 (Mar. 8, 2012). 

9. Homeland Government and Other Relationships 

WestJet Encore is a privately owned company. As noted above, 100 percent of WestJet 

Encore’s shares are held by its parent company, WestJet Airlines Ltd. Except as discussed 

below, neither WestJet Encore nor its owners, officers, or directors hold any material interest in a 

U.S. carrier, any other foreign air carrier, or any entity engaged in the business of aeronautics. 

10. History of Operations

WestJet Encore received its Air Operator Certificate from Transport Canada on June 12, 

2013, and launched service in Western Canada on June 24, 2013. WestJet Encore currently 

operates service to and from eighteen Canadian points. 

11. Aircraft and Maintenance Arrangements 

As of October 31, 2014, WestJet Encore has taken delivery of the following fourteen (14) 

Bombardier Dash-8 aircraft, which will be used by WestJet Encore in its transborder service:

Aircraft Type Registration Country of Registration 

Bombardier Dash-8 Q400 C-FOEN Canada 

Bombardier Dash-8 Q400 C-FHEN Canada 

Bombardier Dash-8 Q400 C-FENU Canada 

Bombardier Dash-8 Q400 C-FENY Canada

Bombardier Dash-8 Q400 C-FNEN Canada 

Bombardier Dash-8 Q400 C-GENM Canada 

Bombardier Dash-8 Q400 C-GJWE Canada 

Bombardier Dash-8 Q400 C-GWEO Canada 

Bombardier Dash-8 Q400 C-GWEP Canada 

Bombardier Dash-8 Q400 C-FIWE Canada 

Bombardier Dash-8 Q400 C-FKWE Canada 

Bombardier Dash-8 Q400 C-FOWE Canada 

Bombardier Dash-8 Q400 C-FQWE Canada 

Bombardier Dash-8 Q400 C-FUWE Canada 
6 

Maintenance for the aircraft will be performed pursuant to WestJet Encore’s 

maintenance program on file with Transport Canada. That program complies with the 

International Civil Aviation Organization (ICAO) Pilots and Airmen Annexes 1, 6 (Part 1), 

and 7. 

12. Codeshare Arrangements 

WestJet Encore is not now requesting codeshare authority with any U.S. or non-U.S. 

carrier that would affect the proposed service to the United States. 

13. Financial Summary 

WestJet Encore, a corporation incorporated in Alberta, Canada, is a wholly-owned 

subsidiary of WestJet Airlines Ltd., a corporation incorporated in Alberta, Canada. WestJet 

Airlines Ltd. is publicly traded on the Toronto Stock Exchange and also owns WestJet, an 

Alberta partnership, a carrier that has been successfully serving the Canadian and U.S.-Canada 

markets for many years. The most recent audited annual financial results for WestJet Airlines 

Ltd. can be found online at the company's Media and Investor Relations page, and there can be 

no question as to WestJet Encore’s financial or operational fitness. 

14. Traffic Forecast 

In the first year of operations, WestJet Encore anticipates operating approximately daily 

flights between large cities in Canada, and large cities in the northeast, northwest, and midwest 

of the United States in accordance with the purchase capacity agreement with WestJet. 

15. Family Assistance Plan and Passenger Manifest Information 

WestJet Encore will rely upon the Aviation Disaster Family Assistance Plan submitted by 

WestJet in Docket DOT-OST-1998-3304 dated June 12, 2007, as required by 49 U.S.C. § 41313. 
7 

Pursuant to Part 243 of the Department’s Regulations, WestJet Encore intends to record 

the full name, as provided by the passenger, of U.S. citizens traveling on WestJet Encore flights 

to or from the United States in the WestJet Reservations and/or Departure Control System. U.S. 

citizen passengers also will be asked to provide a contact name and telephone number. If that 

information is provided, it also will be recorded in the WestJet Reservations and/or Departure 

Control System. The collected data will be retained for the duration of the flight. 

16. Insurance 

Attached as Exhibit 3 is a copy of WestJet Encore’s Foreign Air Carrier Insurance 

Certificate (OST Form 6411) verifying that WestJet Encore’s insurance coverage complies with 

the Department’s insurance requirements. 

17. Safety and Tariff Violations 

WestJet Encore has not had any safety or tariff violations or fatal accidents in the last five 

(5) years. 

18. Waiver of Warsaw Convention Limits 

Attached as Exhibit 4 is a copy of OST Form 4523 covering the waiver of liability 

limitations under the Warsaw Convention. 

19. Estimated Fuel Usage 

 WestJet Encore anticipates that grant of the requested authority will not result in aircraft 

fuel consumption exceeding 10 million gallons. Accordingly, grant of the requested exemption 

would not constitute a “major regulatory action” under the Energy and Conservation Act of 

1975, as defined in Section 313.4 of the Department’s regulations. 

















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: Certain Licensed Canadian Companies 

(Name of Insurer) 

Has issued a policy or policies of Aircraft Liability Insurance to WestJet Encore Ltd 

 22 Aerial Place NE, Calgary, Alberta. T2E 3J1 CANADA FAA Certificate Number 

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

effective from December 1, 2014 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 

AU104014 

Combined Bodily Injury (Excluding Passengers other than 

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

AU104014 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. 

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 Bombardier Q400 Next 

Gen Series 

 

 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) 

Sigmund Berlie 

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

 

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 10, 2014 

(Date) (Date)