Decision No. 34-A-2010

February 5, 2010

File No. M4212/T383-2

Travel Service, a.s., on behalf of itself and Icelandair ehf, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Travel Service, a.s. to provide its non-scheduled international service from Prague, Czech Republic to Vancouver, British Columbia, Canada using a B767-300ER/267 seat aircraft with flight crew provided by Icelandair ehf, on February 4, 2010.

Travel Service, a.s. 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.

Under Licence No. 090133, Travel Service, a.s. is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the Czech Republic and points in Canada.

With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by Travel Service, a.s. 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), orders that Travel Service, a.s. be exempt from the application of subsection 8.2(2) of the ATR.

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 Travel Service, a.s. of an aircraft and flight crew provided by Icelandair ehf, and the provision by Icelandair ehf of such aircraft and flight crew to Travel Service, a.s., to permit Travel Service, a.s. to provide its non-scheduled international service from Prague, Czech Republic to Vancouver, British Columbia, Canada using a B767-300ER/267 seat aircraft with flight crew provided by Icelandair ehf, on February 4, 2010, subject to the following conditions:

1. The air service shall be operated under the non-scheduled international licence of Travel Service, a.s. (Licence No. 090133).
2. Commercial control of the flight shall be maintained by Travel Service, a.s. Icelandair ehf shall retain operational control of the flight 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.

Travel Service, a.s. and Icelandair ehf are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

This approval does not exempt Travel Service, a.s. and Icelandair ehf from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision takes effect on February 3, 2010, the date on which it was verbally communicated to Travel Service, a.s.

Members

• Raymon J. Kaduck
• John Scott