Decision No. 113-A-2006

February 27, 2006

File No. M4210/S527-3

Sunwing Airlines Inc. (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for a licence to operate the service set out in the title. The application was received on August 17, 2004 and was complete and ready for processing on February 22, 2006.

By Order No. 2005-A-298 dated May 31, 2005, the Agency granted the applicant an exemption from section 59 of the Canada Transportation Act (hereinafter the CTA), thereby permitting the applicant to sell, cause to be sold, or publicly offer for sale in Canada a scheduled international service, large aircraft, between Canada and the United States of America, without holding a licence in respect of that service.

Pursuant to subsection 29(1) of the CTA, the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the applicant has agreed to an extension of the deadline until April 9, 2006.

The applicant has been designated by the Minister of Transport in a letter dated April 4, 1995 to conduct international air transportation between points in Canada and points in the United States of America pursuant to the provisions of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995 (hereinafter the Agreement).

The Agency has reviewed the application and is satisfied that the applicant meets the requirements of paragraph 69(1)(a) of the CTA. The Agency is also satisfied that the pertinent terms and conditions of the Agreement have been complied with.

Accordingly, the Agency will issue to the applicant a licence to operate a scheduled international service, large aircraft.

Pursuant to subsection 71(1) of the CTA, the Agency deems the terms and conditions set out below to be consistent with the Agreement and will therefore include them in the licence to be issued pursuant to this Decision.

The licence to be issued pursuant to this Decision shall be subject, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), to the requirements to hold a Canadian aviation document issued by the Minister of Transport and to have prescribed liability insurance coverage as set out in section 7 of the ATR, and to the following terms and conditions to which the licence is made subject pursuant to subsection 71(1) of the CTA:

1. The Licensee is authorized to operate a scheduled international service between points in Canada and points in the United States of America.
2. The operation of the scheduled international service authorized herein shall be conducted subject to the appropriate provisions of the Agreement and to any arrangements related thereto as may be agreed to between Canada and the United States of America.
3. Unless terminated at an earlier date in accordance with the CTA or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.

Members

• Gilles Dufault
• Beaton Tulk