Order No. 2015-A-160

Wow air ehf.  carrying on business as Wow and Wow air (Wow air) has applied to the Canadian Transportation Agency (Agency) for an exemption from subsection 110(1) of the Air Transportation Regulations (ATR)  to sell transportation between Toronto, Ontario/Montréal, Quebec, Canada and points outside Canada without having a tariff on file and in effect with the Agency. Wow air states that pending the filing of an acceptable tariff, it will apply the general terms and conditions of carriage appearing in its tariff, designated as “WW-1”, published by the Airline Tariff Publishing Company, Agent which is applicable to travel between the United States of America and points outside the United States of America, excluding Canada.

Paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (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 this Part where the Agency is of the opinion that compliance with the provision by the person is unnecessary, undesirable or impractical.

The Agency has considered the application and is of the opinion that the selling of Wow air’s proposed scheduled service would benefit the travelling public. The Agency is, therefore, of the opinion that compliance by Wow air with subsection 110(1) of the ATR is undesirable in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts Wow air from the application of subsection 110(1) of the ATR.

This exemption expires on October 31, 2015, by which time it is expected that a tariff applicable to the new service will be on file and in effect with the Agency.

Wow air shall, for the period of the exemption, apply the general terms and conditions of carriage contained in its tariff, designated as “WW-1”, published by the Airline Tariff Publishing Company, Agent.