Night flights in Saint-Hubert | Chrono fails to obtain reprieve

Chrono Aviation will not have a reprieve from continuing to carry out night flights at Saint-Hubert airport with its noisy aircraft. The Federal Court rejected the Quebec carrier’s arguments. However, the legal drama is not over.

The court must still hear the case on its merits at a later date. Chrono Aviation wants to overturn Transport Canada’s decision confirmed last month. It prohibits him from using a Boeing 737-200 – a 45-year-old aircraft that is considered very noisy – to take off at night.

“Chrono Aviation has not demonstrated that the inconveniences it would suffer outweigh the public interest in reducing the noise associated with the takeoff and landing of Boeing 737-200s at night,” writes judge Sébastien Grammond, in its decision rendered Friday.

The company alleged that Transport Canada was “jeopardizing” the future of a major mining complex and that its decision was the result of a process that “suffers from a lack of justification and transparency.”

Since 2019, Chrono has operated night connections with Baffin Land twice a week – a contract worth 100 million – to transport iron mine workers there. Takeoffs must take place at night for logistical reasons to ensure the continuous operation of the mining complex, the company says.

The carrier uses a Boeing 737-200 because it is the only aircraft capable of landing on a gravel runway. Judge Grammond believes that there are alternative options for Chrono, such as the Mirabel or Quebec airports.

“For almost two years, Chrono has constantly repeated that the ban on night flights will force it into bankruptcy,” said the magistrate. Now, repeating a statement does not make it true; having it repeated by others, neither. »

The Quebec company did not demonstrate, in court, that this scenario would occur, judges Grammond said.

The directive prohibiting nighttime connections between 11 p.m. and 7 a.m. will be included in the next update of Canada Air Pilot, the bible for Canadian pilots, which will be made on May 16. In the meantime, Transport Canada could issue a directive to the airport to prevent night flights.