Decision No. 211-A-2003

April 22, 2003

April 22, 2003

APPLICATION by Aerosvit Airlines pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, for a licence to operate a scheduled international service between points in Ukraine and points in Canada.

File No. M4212/A949-4

Docket No. 021472


Aerosvit Airlines (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for a licence to operate the service set out in the title. The application was received on December 6, 2002 and was complete and ready for processing on April 15, 2003.

Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter the CTA), the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the applicant has agreed to an extension of the deadline until August 3, 2003.

By Diplomatic Note No. 6144/1-017-65 dated February 25, 2002, the applicant has been designated by the Government of Ukraine, pursuant to the provisions of the Agreement between the Government of Canada and the Government of Ukraine on Air Transport signed on January 28, 1999 (hereinafter the Agreement) to operate the route Kiev, Ukraine and Toronto, Ontario, Canada.

By Order No. 2003-A-116 dated February 14, 2003, the Agency granted the applicant an exemption from section 59 of the Canada Transportation Act (hereinafter the CTA), thereby permitting the applicant to sell, cause to be sold, or publicly offer for sale in Canada a scheduled international service between Canada and Ukraine before acquiring a licence authorizing service between Ukraine and Canada subject to certain conditions.

The Agency has reviewed the application and is satisfied that the applicant meets the requirements of subsection 69(1) of the CTA. The Agency is also satisfied that the pertinent terms and conditions of the Agreement have been complied with.

Accordingly, the Agency will issue to the applicant a licence to operate a scheduled international service.

Pursuant to subsection 71(1) of the CTA, the Agency deems the terms and conditions set out below to be consistent with the Agreement and will therefore include them in the licence to be issued pursuant to this Decision.

The licence to be issued pursuant to this Decision shall be subject, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), to the requirements to hold a Canadian aviation document issued by the Minister of Transport and to have prescribed liability insurance coverage as set out in section 7 of the ATR, and to the following terms and conditions to which the licence is made subject pursuant to subsection 71(1) of the CTA:

  1. The Licensee is authorized to operate the route Kiev, Ukraine and Toronto, Ontario, Canada.
  2. The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and Ukraine.
  3. Unless terminated at an earlier date in accordance with the CTA or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.
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