Decision No. 306-A-2016

Air Transat, on behalf of itself and Flair, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international service between Canada and Mexico using aircraft with flight crew provided by Flair, beginning on November 3 to December 17, 2016.

Air Transat is licensed to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the United Mexican States on Air Transport, signed on February 18, 2014.

Flair is licensed to operate a non-scheduled international service, large aircraft and has a Canadian Air Operator Certificate in effect.

The Agency has considered the application and the material in support and is satisfied that it meets the 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 Air Transat of aircraft with flight crew provided by Flair, and the provision by Flair of such aircraft and flight crew to Air Transat, to permit Air Transat to provide its scheduled international service on licensed routes between Canada and Mexico using aircraft and flight crew provided by Flair, beginning on November 3 to December 17, 2016.

This approval is subject to the following conditions:

1. Air Transat shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by Air Transat. Flair shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
3. Air Transat and Flair 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. Air Transat shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. Air Transat and Flair shall advise the Agency in advance of any changes to the information provided in support of the application.