Decision No. 154-A-2011

May 3, 2011

File No. M4835-85-1

Caribbean Airlines Limited (Caribbean Airlines), on behalf of itself and Air Jamaica Limited (Air Jamaica), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Jamaica to provide its scheduled international service between Jamaica and Canada using aircraft and flight crew provided by Caribbean Airlines, from May 4 to June 30, 2011.

Caribbean Airlines has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (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 Canada Transportation Act (CTA), exempts Caribbean Airlines from the application of subsection 8.2(2) of the ATR.

Air Jamaica is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Jamaica on Air Transport signed on October 18, 1985.

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 Air Jamaica of aircraft and flight crew provided by Caribbean Airlines, and the provision by Caribbean Airlines of such aircraft and flight crew to Air Jamaica, to permit Air Jamaica to provide its scheduled international service on licensed routes between Jamaica and Canada using aircraft and flight crew provided by Caribbean Airlines, from May 4 to June 30, 2011.

This approval is subject to the following conditions:

1. Air Jamaica shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by Air Jamaica. Caribbean Airlines 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. Air Jamaica and Caribbean Airlines 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. Air Jamaica shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. Air Jamaica and Caribbean Airlines shall advise the Agency in advance of any changes to the information provided in support of the application.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan