Decision No. 361-A-2015

APPLICATION

WestJet, on behalf of itself and Omni Air, has applied to the Canadian Transportation Agency (Agency) for an approval to permit WestJet to provide its scheduled international service between Canada and the United States of America using two aircraft with flight crew provided by Omni Air, beginning on December 11, 2015 to January 9, 2016.

WestJet 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. 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(1)(c) of the Canada Transportation Act (CTA), exempts WestJet from the application of subsection 8.2(2) of the ATR. 

WestJet 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 States of America signed on March 12, 2007.

POLICY

When assessing wet-lease applications where Canadian carriers propose to enter into wet-lease arrangements of more than 30 days with foreign carriers to provide international passenger services, the Agency must apply a direction issued by the Minister of Transport on June 24, 2014 entitled Ministerial Direction for International Service – Canada’s Policy for Wet-Leasing (2014 Wet-Lease Policy).

The current application is for approval for a period of 29 days, therefore the 2014 Wet‑Lease Policy does not apply.

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 WestJet of aircraft with flight crew provided by Omni Air, and the provision by Omni Air of such aircraft and flight crew to WestJet, to permit WestJet to provide its scheduled international service on licensed routes between Canada and the United States of America using two aircraft and flight crew provided by Omni Air, beginning on December 11, 2015 to January 9, 2016.

These approvals are subject to the following conditions:

1. WestJet shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by WestJet. 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. WestJet 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. WestJet shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. WestJet and Omni Air shall advise the Agency in advance of any changes to the information provided in support of the application.