Order No. 2002-A-66

February 11, 2002

February 11, 2002

IN THE MATTER OF the operation of a non-scheduled international service by Air Canada.

File No. M4210/A74-2


Under Licence No. 977155, Air Canada is authorized to operate a non-scheduled international service to transport traffic on a charter basis between Canada and any other country.

On January 24, 2002, Air Canada filed with the Canadian Transportation Agency (hereinafter the Agency) a request for an exemption from the application of paragraph 18(c) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), in order to permit Air Canada to operate aircraft bearing a different logo and style as well as its own.

Paragraph 18(c) of the ATR provides that:

the licensee shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

In its application, Air Canada submits that it plans to operate non-scheduled air services between Canada and the United States of America under its own name for the purpose of transporting sports teams and other groups. In addition to the name and logo of Air Canada, the name "jetz" will be displayed on the livery of several Boeing 737 aircraft, as shown on the illustration filed in support of the request. Accordingly, Air Canada requests the exemption to permit the operation of Boeing 737 aircraft displaying the name "jetz" in addition to "Air Canada".

The Agency has carefully considered Air Canada's request and the attachment filed in support thereof and is of the opinion that compliance with paragraph 18(c) of the ATR by Air Canada is unnecessary in this case.

Accordingly, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, the Agency hereby exempts Air Canada from the application of paragraph 18(c) of the ATR to permit Air Canada to operate a non-scheduled international service to transport sports teams and other groups between points in Canada and points in the United States of America using Boeing 737 aircraft displaying the name "jetz" in addition to "Air Canada".

A copy of this Order shall be carried on board the aircraft and be provided to foreign authorities upon request.

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