Decision No. 3-A-2011

January 10, 2011

APPLICATION by TNT Airways S.A. for a program permit and by TNT Airways S.A. on behalf of itself and Air Transport International Limited Liability Company, 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 Nos. M4212/T382-2
M5000/T382

TNT Airways S.A. has applied to the Canadian Transportation Agency (Agency), pursuant to Division III of Part III of the Air Transportation Regulations (ATR), for a program permit to operate 23 Canadian originating entity cargo charter flights, on behalf of Ships Lobster Pound, East Side Fisheries, DSV Forwarding and Canadian Gold Seafood Company, carrying live lobsters and fish, from Halifax, Nova Scotia, Canada, to Liège, Belgium, from January 11 to March 31, 2011.

TNT Airways S.A. has also applied on behalf of itself and Air Transport International Limited Liability Company (ATI), pursuant to section 60 of the Canada Transportation Act (CTA) and section 8.2 of the ATR, for an approval to permit TNT Airways S.A. to provide this service using a B767-200 aircraft with flight crew provided by ATI.

TNT Airways S.A. has also requested an exemption from the application of subsection 8.2(2) of the 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 by TNT Airways S.A. with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts TNT Airways S.A. from the application of subsection 8.2(2) of the ATR.

TNT Airways S.A. is licensed to operate a non-scheduled international service to transport goods on a charter basis between Belgium and Canada.

The Agency has considered the application for a program permit and grants program permit 2011-1-CEC to operate the Canadian originating entity cargo charter flights.

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 TNT Airways S.A. of an aircraft and flight crew provided by ATI, and the provision by ATI of such aircraft and flight crew to TNT Airways S.A., to permit TNT Airways S.A. to provide a non-scheduled international service from Halifax to Liège using a B767-200 aircraft with flight crew provided by ATI, from January 11 to March 31, 2011.

This approval is subject to the following conditions:

1. The air service shall be operated under the non-scheduled international licence of TNT Airways S.A.
2. Commercial control of the flights shall be maintained by TNT Airways S.A. ATI shall maintain operational control of the flights and shall receive payment based on the rental of the aircraft and crew and not on the basis of volume of traffic carried or other revenue-sharing formula.
3. TNT Airways S.A. and ATI 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.
4. TNT Airways S.A. shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.

This approval does not exempt TNT Airways S.A. and ATI from the requirements of other legislative acts or regulations, including those of Transport Canada.

TNT Airways S.A. must contact Transport Canada for compliance with security requirements and the local airport authority for permission to operate at specific times or for the use of any airport facility, and the Canada Border Services Agency regarding the availability of clearance services and hours of operation of the port of entry.

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, P. Eng.