Decision No. 265-A-2010
June 17, 2010
APPLICATION by Sunwing Airlines Inc., on behalf of itself and TUI Airlines Nederland B.V., for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.
File No. M4835-82-1
Sunwing Airlines Inc. (Sunwing), on behalf of itself and TUI Airlines Nederland B.V. (TUI), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Sunwing to provide its scheduled international service between Canada and the Netherlands by selling transportation in its own name on flights operated by TUI between Toronto, Ontario, Canada and Amsterdam, Netherlands, from July 1 to September 9, 2010.
Sunwing has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (CTA), exempts Sunwing from the application of subsection 8.2(2) of the ATR.
Sunwing is licensed to operate a scheduled international service in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement).
The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Sunwing of aircraft and flight crew provided by TUI, and the provision by TUI of such aircraft and flight crew to Sunwing, to permit Sunwing to provide its scheduled international service on licensed routes between Canada and the Netherlands, by selling transportation in its own name on flights operated by TUI, between Toronto and Amsterdam from July 1 to September 9, 2010.
This approval is subject to the following conditions:
- Sunwing shall continue to hold the valid licence authority.
- Sunwing shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
- The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Sunwing and TUI shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
- Sunwing shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Sunwing and TUI shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.
This approval does not exempt Sunwing and TUI from the requirements of other legislative acts or regulations, including those of Transport Canada.
Members
- John Scott
- Jean-Denis Pelletier, P. Eng.
Member(s)
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