Decision No. 359-A-2011
APPLICATION by Sunwing Airlines Inc. pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
Sunwing Airlines Inc. (applicant) has applied to the Canadian Transportation Agency (Agency) for a licence to operate a scheduled international service, large aircraft, between Canada and The Bahamas, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland for Air Services between and beyond their respective territories signed on August 19, 1949 (Agreement).
It should be noted that in an exchange of Notes EMB/61/82 and ETT 0183 between the Government of Canada and the Government of the Commonwealth of The Bahamas dated November 9, 1982 and January 24, 1983, it was recognized that since the Commonwealth of The Bahamas achieved independence on July 10, 1973, the Agreement continues in force between the two countries.
The Agency is satisfied that the applicant meets all the applicable requirements of subsection 69(1) of the Canada Transportation Act (CTA). The Agency also finds that the pertinent terms and conditions of the Agreement have been complied with.
Further, with respect to this application, the applicant has undertaken that it will not contravene section 59 of the CTA prior to the issuance of the applied for licence.
Accordingly, the Agency approves the application for a licence to operate a scheduled international service, large aircraft, between Canada and The Bahamas.
Pursuant to subsection 71(1) of the CTA, the licence is subject to the conditions prescribed by the Air Transportation Regulations, SOR/88‑58, as amended, and the following conditions:
- The Licensee is authorized to operate a scheduled international service between Toronto and/or Montreal and The Bahamas on Route 2 set out in Section 1 of the Schedule of Routes in the Agreement.
- The scheduled international service is to be conducted in accordance with the Agreement and any applicable arrangements agreed to between Canada and The Bahamas.
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