Order No. 2004-A-32

January 14, 2004

January 14, 2004

IN THE MATTER OF an application by Olympic Airlines S.A. carrying on business as Olympic Airlines for an exemption from the application of section 58 of the Canada Transportation Act, S.C. 1996, c. 10.

File Nos. M4212/O11-3-1
M4212/O103-3-1


Under Licence No. 975128, Olympic Airways, S.A. (hereinafter Olympic Airways) is authorized to operate a scheduled international service in accordance with the Agreement between the Government of the Hellenic Republic and the Government of Canada on Air Transport signed on August 20, 1984 (hereinafter the Agreement).

Section 58 of the Canada Transportation Act (hereinafter the CTA) states that a licence issued for the operation of an air service is not transferable.

By Order No. 2003-A-635 dated December 19, 2003, the Canadian Transportation Agency (hereinafter the Agency), pursuant to paragraph 80(1)(c) of the CTA, exempted Olympic Airlines S.A. from the requirement to hold a licence to operate scheduled international services between Greece and Canada. This exemption is valid until January 14, 2004.

Olympic Airlines S.A. carrying on business as Olympic Airlines (hereinafter Olympic Airlines) is requesting the exemption from the application of section 58 of the CTA to allow the transfer of Olympic Airways' Licence No. 975128 to Olympic Airlines to reflect the reorganization of Olympic Airways which became effective on December 12, 2003. Olympic Airlines filed documentation as proof of the control and ownership of Olympic Airlines by the Government of the Hellenic Republic and that Olympic Airlines is the designated air carrier under the Agreement.

The Agency notes that Olympic Airlines holds a valid Canadian aviation document and has prescribed liability insurance coverage.

The Agency has carefully reviewed and considered the application and the material filed in support thereof and is of the opinion that compliance by Olympic Airways with section 58 of the CTA is impractical in the present circumstances.

Pursuant to paragraph 80(1)(c) of the CTA, the Agency hereby exempts Olympic Airways from the application of section 58 of the CTA.

Accordingly, Licence No. 975128 is hereby transferred from Olympic Airways, S.A. to Olympic Airlines S.A. carrying on business as Olympic Airlines.

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