Decision No. 152-A-2002
April 5, 2002
APPLICATION by Cubana de Aviacion S.A. (hereinafter Cubana), on behalf of itself and Société d'Exploitation AOM Air Liberté doing business as Air Lib (hereinafter Air Lib), 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 Cubana, while providing its scheduled international service between Cuba and Canada, to operate flights using DC-10 aircraft and flight crew provided by Air Lib, from April 7 to December 31, 2002.
File No. M4835-C16-4
Docket No. 020421AG
Cubana, on behalf of itself and Air Lib, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on March 31, 2002 and was revised on April 2, 2002.
Cubana 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. 975160, Cubana is authorized to operate a scheduled international service between Cuba and Canada in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Republic of Cuba signed on February 12, 1998.
Notice of the application was given to interested parties and no interventions were filed with the Agency.
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 Cubana 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 Cubana 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 thereof and is satisfied that it meets the remaining requirements of section 8.2 of the ATR. The Agency, however, is not prepared to approve the application to December 31, 2002, beyond the end of the IATA summer season. The Agency will therefore approve the application until October 26, 2002 only.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, hereby approves the use by Cubana of aircraft and flight crew provided by Air Lib, and the provision by Air Lib of such aircraft and flight crew to Cubana, in order to permit Cubana, while providing its scheduled international service (excluding all-cargo international services) between Cuba and Canada, to operate flights using DC-10 aircraft and flight crew provided by Air Lib, from April 7 to October 26, 2002, subject to the following conditions:
- The air services shall be operated under Cubana's scheduled international licence (Licence No. 975160).
- Commercial control of the flights shall be maintained by Cubana. All tickets, including boarding passes, shall clearly indicate that the service is provided by Cubana.
- Operational control of the flights shall be maintained by Air Lib which shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried.
- Cubana shall apply its published tariffs, on file with the Agency and in effect, to the carriage of its traffic. In particular, nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
- The air services approved herein shall only be provided as long as the Aircraft Leasing Agreement for DC-10 aircraft providing for such services remains in effect.
Cubana and Air Lib are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
The approval granted herein does not exempt Cubana and Air Lib from the requirements of other legislative acts or regulations, including those of Transport Canada.
- Date modified: