Caper were flying a scheduled daily service & the Docker Fokkers are clearly one-off flights:
"15. The first type is described in subreg 206(1)(b)(i) which relates to air operations commonly described as “open charters”. Relevantly, an open charter is the charter of an aircraft for the carriage of passengers where the flight is not on a fixed schedule to and from fixed terminals, that is, a charter which is on demand. Such carriage may be open to the general public. It is common ground that the Caper air operation is outside the scope of this subregulation because the flights in question were on a fixed schedule to and from fixed terminals."