Decision No. 129-A-2010

April 13, 2010

File No. M4211/V129-3

Virgin America Inc. carrying on business as Virgin America (applicant) has applied to the Canadian Transportation Agency (Agency) for a licence to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007 (Agreement).

The Government of the United States of America designated the applicant as eligible to hold the scheduled international licence pursuant to subsection 69(3) of the Canada Transportation Act (CTA).

The Agency is satisfied that the applicant meets all the applicable requirements of subsection 69(1) of the CTA. The Agency also finds that the pertinent terms and conditions of the Agreement have been complied with.

Further, with respect to this application, the applicant has undertaken that it will not contravene section 59 of the CTA prior to the issuance of the applied for licence.

Accordingly, the Agency approves the application for a licence to operate a scheduled international service.

Pursuant to subsection 71(1) of the CTA, the licence is subject to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended, and the following conditions:

1. The Licensee is authorized to operate a scheduled international service on the route(s) set out in the Agreement.
2. The Licensee is prohibited from carrying local traffic between points in Canada.
3. The scheduled international service is to be conducted in accordance with the Agreement and any applicable arrangements agreed to between Canada and the United States of America.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan