Decision No. 104-A-2007

March 7, 2007

File No. M4210/A74-4-64

Air Canada has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on January 19, 2007.

The Agency notes that this application is for a renewal of the authority granted by Decision No. 571-A-2006 dated October 20, 2006.

Under Licence No. 030115, Air Canada is authorized to operate, inter alia, a scheduled international service, large aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Republic of Cuba, signed on February 12, 1998 (hereinafter the Agreement).

Condition No. 1 of Licence No. 030115 states:

The Licensee is authorized to operate the route(s) set out in the Agreement.

Under the terms of the Agreement, Air Canada may serve Havana, Varadero and two changeable points in Cuba to be named by Canada. Holguin and Cayo Coco have been named; therefore, Cayo Largo del Sur is not permitted under the Agreement.

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (hereinafter the CTA) for a service which is not permitted in a bilateral air transport agreement. Air Canada did not specify the period of time for which authority is requested. The Agency is of the opinion that it would be appropriate in this case to grant temporary authority for the International Air Transport Association (IATA) 2007 summer season.

The Agency has reviewed and considered the application and the material filed in support thereof.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 030115 in order to allow Air Canada to serve the additional point Cayo Largo del Sur from March 25 to October 27, 2007.

In all other respects, the service shall be operated in accordance with the Agreement.

The authority granted herein does not exempt Air Canada from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision shall form part of Licence No. 030115 and shall remain affixed thereto as long as this Decision is in force.

Members

• Beaton Tulk
• Mary-Jane Bennett