Order No. 1997-A-744

December 16, 1997

File No. M5000-A-328

Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter Air Transat) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title.

Paragraphs 51(8)(d), (e) and (f) of the Air Transportation Regulations (hereinafter the ATR) state:

Every contract shall be made subject to the condition that, on payment of the price per seat, each passenger is issued a valid non-transferable ticket that shows clearly:

(d) the points of emplanement and deplanement of the passenger for both the outbound and return portions of the ABC;

(e) the flight numbers of the outbound and return portions of the ABC for which the passenger's reservation is confirmed or has been requested;

(f) the dates of departure and return of the passenger or a notation that no reservation was made for a portion of the ABC;

Air Transat advises that it presently books passengers on return itineraries and reserves return travel on an open-jaw basis as permitted by paragraph 64(2)(a) of the ATR which results in the issuance of separate tickets. Air Transat also advises that this type of separate ticketing for open-jaws is common in the charter industry and that, since a typical open-jaw itinerary includes a third segment between the point of arrival and the point of enplanement for return travel, a minimum of three coupons is needed. As a result, the various segments must be indicated on separate tickets.

The Agency notes that Air Transat has indicated that it will attempt to induce industry action to standardize the use of three coupon charter tickets in order to resolve the apparent inconsistency between the requirements of the ATR and the operational realities with respect to open-jaw ticketing.

The Agency has considered the application and is of the opinion that, in this particular case, Air Transat has substantially complied with the provisions of paragraphs 51(8)(d), (e) and (f) of the ATR.

Accordingly, the Agency, pursuant to paragraph 80(1)(a) of the Canada Transportation Act, S.C., 1996, c. 10, hereby exempts Air Transat from the application of the provisions of paragraphs 51(8)(d), (e) and (f) of the ATR, subject to the following conditions:

1. Air Transat shall indicate on its flight coupons the codes ARNK (arrival unknown) or OJ (open-jaw); and
2. Air Transat shall provide passenger manifests to the Agency upon request.