Decision No. 146-A-2011

April 28, 2011

File No. M4835-52-3

Polskie Linie Lotnicze LOT SA (LOT Polish Airlines SA) (LOT Polish Airlines), on behalf of itself and Air Italy S.p.A. (Air Italy), has applied to the Canadian Transportation Agency (Agency) for an approval to permit LOT Polish Airlines to provide its scheduled international service between Warsaw, Poland and Toronto, Ontario, Canada using aircraft and flight crew provided by Air Italy, from April 30 to May 6, 2011.

As the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (ATR), an exemption from the application of this provision is necessary. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(l)(c) of the Canada Transportation Act (CTA), exempts LOT Polish Airlines from the application of subsection 8.2(2) of the ATR.

LOT Polish Airlines is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement).

The Agency has considered the application and the material 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, approves the use by LOT Polish Airlines of aircraft and flight crew provided by Air Italy, and the provision by Air Italy of such aircraft and flight crew to LOT Polish Airlines, to permit LOT Polish Airlines to provide its scheduled international service on licensed routes between Warsaw and Toronto using aircraft and flight crew provided by Air Italy, from April 30 to May 6, 2011.

This approval is subject to the following conditions:

1. LOT Polish Airlines shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by LOT Polish Airlines. Air Italy shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
3. LOT Polish Airlines and Air Italy shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
4. LOT Polish Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. LOT Polish Airlines and Air Italy shall advise the Agency in advance of any changes to the information provided in support of the application.

Members

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