Decision No. 17-A-2005

January 13, 2005

January 13, 2005

APPLICATION by Alitalia-Linee Aeree Italiane S.p.A., on behalf of itself and TradeWinds Airlines, Inc., 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 Alitalia-Linee Aeree Italiane S.p.A. to provide its non-scheduled international service between Italy and Canada using a B747-200F aircraft and flight crew provided by TradeWinds Airlines, Inc., on January 14 and 17, 2005.

File No. M4212/A168-2


Alitalia-Linee Aeree Italiane S.p.A. (hereinafter Alitalia), on behalf of itself and TradeWinds Airlines, Inc. (hereinafter TradeWinds), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on January 10, 2005 and was complete and ready for processing on January 13, 2005.

Alitalia has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations, SOR/88-58, as amended (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. 977259, Alitalia is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in Italy and points in Canada.

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 Alitalia 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 Alitalia be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material in support thereof and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, the Agency hereby approves the use by Alitalia of aircraft and flight crew provided by TradeWinds, and the provision by TradeWinds of such aircraft and flight crew to Alitalia, in order to permit Alitalia to provide its non-scheduled international service between Italy and Canada using a B747-200F aircraft and flight crew provided by TradeWinds, on January 14 and 17, 2005, subject to the following conditions:

  1. Air services shall be operated under Alitalia's non-scheduled international licence (Licence No. 977259).
  2. Commercial control of the flights shall be maintained by Alitalia. TradeWinds shall retain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of volume of traffic carried or other revenue-sharing formula.

Alitalia and TradeWinds 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 Alitalia and TradeWinds from the requirements of other legislative acts or regulations, including those of Transport Canada.

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