Decision No. 19-A-2005
January 14, 2005
File No. M4835-16-7
Cubana de Aviacion S.A. (hereinafter Cubana), on behalf of itself and AllCanada Express Inc. (hereinafter AllCanada Express), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on December 29, 2004.
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.
The Agency notes that this application is a renewal of the approval granted by Decision no 392-A-2004 dated July 21, 2004.
The Agency also notes that 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 (hereinafter the ATR), and therefore an exemption from the application of this provision is necessary. The Agency is of the opinion 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 (hereinafter the CTA), hereby orders that Cubana be exempted 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 the application 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, hereby approves the use by Cubana of aircraft and flight crew provided by AllCanada Express and the provision by AllCanada Express of such aircraft and flight crew to Cubana to permit Cubana to provide its scheduled international all-cargo service between Cuba and Canada, from January 16, 2005 to January 15, 2006, subject to the following conditions:
- Cubana shall continue to hold the required licence authority.
- The air services approved herein shall only be provided as long as an agreement between Cubana and AllCanada Express providing for such services remains in effect.
- Commercial control of the flights shall be maintained by Cubana. AllCanada Express 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.
Cubana and AllCanada Express are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
Cubana and AllCanada Express are further reminded to provide the Agency with a copy of any new agreement or any amendments to their wet lease agreement, including any new or amended annex, without delay.
The approval granted herein does not exempt Cubana and AllCanada Express from the requirements of other legislative acts or regulations, including those of Transport Canada.
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