Decision No. 341-A-2010

August 12, 2010

File No. M4835-5-12

Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat), on behalf of itself and Omni Air International, Inc. also carrying on business as Omni Air Express (Omni Air), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international service between Montréal and Cancun on August 13 and 20, 2010 and between Toronto and Cancun on August 26, 2010 using aircraft and flight crew provided by Omni Air.

As the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (ATR), an exemption from the application of this provision is necessary. 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(l)(c) of the Canada Transportation Act (CTA), exempts Air Transat from the application of subsection 8.2(2) of the ATR.

Air Transat is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States signed on December 21, 1961, as amended (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 Air Transat of aircraft and flight crew provided by Omni Air, and the provision by Omni Air of such aircraft and flight crew to Air Transat, to permit Air Transat to provide its scheduled international service on licensed routes between Montréal and Cancun on August 13 and 20, 2010 and between Toronto and Cancun on August 26, 2010 using aircraft and flight crew provided by Omni Air.

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. Omni Air 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 Omni Air 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 Omni Air shall advise the Agency in advance of any changes to the information provided in support of the application.

This approval does not exempt Air Transat and Omni Air from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• J. Mark MacKeigan
• Raymon J. Kaduck