Principal Issues: (1) Whether a non-resident airline corporation acting as a service provider for Canco can be considered as carrying on the business of transporting passengers within the meaning of the term "international traffic" in subsection 248(1) when the passengers are technically Canco's passengers; (2) Whether the non-resident aircraft pilots employed by Forco can be viewed as having been paid indirectly by Canco, as required under subsection 115(3); (3) Whether Forco can be viewed as operating an aircraft in international traffic as per Article 15 of the Canada-UK Convention and if so, whether its crew members must apply for a waiver under section 102 of the Regulations.
Position: (1) Yes. (2) No. (3) Yes, but a waiver under section 102 of the Regulations will only be available if all of the conditions stated in paragraph 2 of Article 15 of the Convention are satisfied.
Reasons: (1) Based on our interpretation of the term "international traffic" in subsection 248(1) and consistent with our positions in previous technical interpretations. (2) Based on our interpretation of subsection 115(3) and consistent with 115(3) explanatory notes; (3) Based on our interpretation of the term "international traffic" in Article 15 of the Canada-UK Convention, the definition of "international traffic" in 248(1) and Regulation 102. Application of the administrative policy related to Regulation 102 waiver provided in IC 75-6R2.