Order No. 2006-A-503
September 29, 2006
IN THE MATTER OF an application by Icelandair ehf for an exemption from the application of subsection 110(1) of the Air Transportation Regulations, SOR/88-58, as amended, to permit it to operate a one-time, continuous, around-the-world charter flight, commencing on October 2, 2006, without having an international charter tariff on file and in effect with the Canadian Transportation Agency.
File No. M4110/I107-2
On September 25, 2006, Icelandair ehf (hereinafter Icelandair) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.
Under Licence No. 977268, the applicant is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in Iceland and points in Canada.
During the period of the exemption, Icelandair proposes to apply the terms and conditions of carriage appearing in its scheduled service tariff on file and in effect with the Agency, namely, International Passenger Rules and Fares Tariff No. FI-1, NTA(A) No. 447, published by the Airline Tariff Publishing Company.
Subsection 110(1) of the Air Transportation Regulations (hereinafter the ATR) reads as follows:
Except as provided in an international agreement, convention or arrangement respecting civil aviation, before commencing the operation of an international service, an air carrier or its agent shall file with the Agency a tariff for that service, including the terms and conditions of free and reduced rate transportation for that service, in the style, and containing the information, required by this Division.
Paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) provides that the Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of Part II of the CTA or of a regulation or order made under that Part where the Agency is of the opinion that compliance with the provision by the person is unnecessary, undesirable or impractical.
The Agency has carefully reviewed and considered the application and, based on the information on file, and in order not to inconvenience the passengers of Icelandair, the Agency is of the opinion that compliance by Icelandair with subsection 110(1) of the ATR is impractical in this case.
Accordingly, the Agency hereby orders, pursuant to paragraph 80(1)(c) of the CTA, that Icelandair be exempt from the application of subsection 110(1) of the ATR, solely for its around-the-world charter flight, commencing on October 2, 2006.
Should Icelandair plan to operate charter flights originating in Canada in the future, it should file an international charter tariff, acceptable to the Agency, for effect prior to any such operation.
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