Decision No. 126-A-2005

March 4, 2005

March 4, 2005

APPLICATION by AeroSvit Airlines, on behalf of itself and Polskie Linie Lotnicze LOT SA (Lot Polish Airlines SA), for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, to permit it to provide its scheduled international service between Ukraine and Canada by using aircraft with flight crew provided by Polskie Linie Lotnicze LOT SA (Lot Polish Airlines SA), from March 10, 2005 to April 10, 2005.

File No. M4835-44-1


AeroSvit Airlines (hereinafter AeroSvit), on behalf of itself and Polskie Linie Lotnicze LOT SA (Lot Polish Airlines SA) (hereinafter LOT), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on February 11, 2005.

AeroSvit has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight.

Under Licence No. 030049, AeroSvit is authorized to operate a scheduled international service between Ukraine and Canada in accordance with the Agreement between the Government of Canada and the Government of Ukraine on Air Transport signed on January 28, 1999.

With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by AeroSvit with subsection 8.2(2) of the ATR is impractical in this case.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (hereinafter the CTA), hereby orders that AeroSvit be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material filed in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, hereby approves the use by AeroSvit of aircraft with flight crew provided by LOT, and the provision by LOT of such aircraft with flight crew to AeroSvit, to permit AeroSvit to provide its scheduled international service on licensed routes between Ukraine and Canada, from March 10 to April 10, 2005, subject to the following conditions:

  1. Air services shall be operated under the scheduled international licence of AeroSvit (Licence No. 030049).
  2. Commercial control of the flights shall be maintained by AeroSvit. Operational control of the flights shall be maintained by LOT which shall receive payment based on the rental of the aircraft and not on the basis of the volume of traffic carried.
  3. The air services approved herein shall only be provided as long as an agreement between AeroSvit and LOT regarding wet-leasing, providing for such services, remains in effect.

AeroSvit and LOT are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted does not exempt AeroSvit and LOT from the requirements of other legislative acts or regulations, including those of Transport Canada.

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