Decision No. 125-A-2010

April 13, 2010

File No. M4210/S527-4-8

Sunwing Airlines Inc. (applicant) has applied to the Canadian Transportation Agency (Agency) for a licence to operate the service set out in the title.

Under the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement), the Agency recognizes as constituting a designation under the Agreement the licenses or other forms of authorization to operate the route(s) specified in the Agreement.

The applicant filed an affidavit attesting that within the twelve months preceding the filing of the application it did not contravene section 59 of the Canada Transportation Act (CTA) in that it has not sold, caused to be sold or publicly offered for sale in Canada transportation in respect of the applied for air service without holding the required licence. The applicant has also undertaken in respect of the air service applied for that it will not contravene section 59 of the CTA prior to the issuance of the applied for licence. The Agency is not aware of any evidence that the applicant contravened section 59 of the CTA within the preceding twelve months.

The Agency has reviewed the application and is satisfied that the applicant meets the requirements of subsection 69(1) 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 between Canada and Member States of the European Community.

Pursuant to subsection 71(1) of the CTA, the Agency deems it appropriate to include the terms and conditions set out below 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 (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. Subject to the availability of rights as set out in Annex 2 of the Agreement, the Licensee is authorized to operate the route set out in the Agreement.
2. The scheduled international service is to be conducted in accordance with the Agreement and any applicable arrangements agreed to between Canada and the European Community and its Member States.

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, P. Eng.