Decision No. 147-A-2010

April 27, 2010

File Nos. M4210/S527-2
M5000/S527-1

Sunwing Airlines Inc. applied to the Canadian Transportation Agency (Agency), pursuant to Division III of Part IV of the Air Transportation Regulations (ATR), for a program permit to operate one ABC/ITC charter flight, on behalf of Sunwing Tours Inc. carrying on business as Sunwing Vacations from Toronto, Ontario, Canada to Puerto Vallarta, Mexico on April 5, 2010.

It has also applied on behalf of itself and Omni Air International, Inc. carrying on business as Omni Air Express (Omni Air Express), pursuant to section 60 of the Canada Transportation Act (CTA) and section 8.2 of the ATR, for an approval to permit Sunwing Airlines Inc. to provide this service using a B757 aircraft with flight crew provided by Omni Air Express.

Sunwing Airlines Inc. has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. 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(1)(c) of the CTA, exempts Sunwing Airlines Inc. from the application of subsection 8.2(2) of the ATR.

Sunwing Airlines Inc. is licensed to operate a non-scheduled international service to transport traffic on a charter basis between Canada and any other country.

The Agency has considered the application for a program permit and grants program permit 2010-146-AT to operate the ABC/ITC charter flight.

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 Sunwing Airlines Inc. of an aircraft and flight crew provided by Omni Air Express and the provision by Omni Air Express of such aircraft and flight crew to Sunwing Airlines Inc. to permit Sunwing Airlines Inc. to provide a non-scheduled international service from Toronto to Puerto Vallarta using a B757 aircraft with flight crew provided by Omni Air Express on April 5, 2010, subject to the following conditions:

1. The air service shall be operated under the non-scheduled international licence of Sunwing Airlines Inc.
2. Commercial control of the flight shall be maintained by Sunwing Airlines Inc. and Omni Air Express shall retain operational control of the flight and shall receive payment based on the rental of the aircraft and crew and not on the basis of volume of traffic carried or other revenue-sharing formula.
3. Sunwing Airlines Inc. and Omni Air Express 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.

This decision takes effect on April 5, 2010, the date on which this authority was communicated verbally.

Members

• John Scott
• Jean-Denis Pelletier, P. Eng.