Decision No. 267-A-2004

May 25, 2004

File No. M4210/S496-3

On March 25, 2004, Skyservice Airlines Inc. carrying on business as Skyservice (hereinafter Skyservice) applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title.

By Order No. 2004-A-24 dated January 13, 2004, Skyservice was, subject to certain conditions, granted an exemption from the application of paragraph 18(c) of the ATR to permit Skyservice to operate its scheduled international service between Canada and the United States of America using aircraft displaying the name "Conquest", the name and internet address of "Signature"; the name and internet address of "Sunquest"; and, the slogan "Simply the best".

Skyservice has requested that Order No. 2004-A-24 be varied in order that it may, in the operation of its scheduled international service between points in Canada and points in the United States of America, add the name of the sister company of Sunquest, "Alba Tours" on one side of the aircraft along with the name of Skyservice at its usual placement while the other side of the aircraft would continue to display the name "Skyservice", the name "Sunquest" and the slogan "Simply the best".

The Agency has carefully considered the matter and finds, pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), that there has been a change in the facts and circumstances pertaining to Order No. 2004-A-24 since it was issued and that it should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. 2004-A-24 by allowing Skyservice, in the operation of its scheduled international service between Canada and the United States of America under Licence No. 010001, to display the name "Alba Tours" on the back half of one side of the aircraft in smaller letters than those of the name "Skyservice"; and also requiring Skyservice to ensure that it is clearly identified as the operator of the air service in all public solicitations and representations (including invoices and tickets issued) by Alba Tours.

All other conditions set out in Order No. 2004-A-24 remain unchanged.

A copy of this Decision shall be carried on board the aircraft and be provided to foreign authorities upon request.