Decision No. 384-A-2010

September 9, 2010

File No. M4210/A74-4-96

Air Canada has applied to the Canadian Transportation Agency (Agency) for a temporary licence to operate, through code sharing, an international air service on a scheduled basis, using large and all-cargo aircraft, between Canada and the Democratic Republic of the Congo.

The Minister of Transport has designated Air Canada as eligible to operate the applied for service.

The authority requested by Air Canada is extra-bilateral because there is no agreement or arrangement between Canada and the Democratic Republic of the Congo in force, which provides for the operation by a Canadian air carrier of a scheduled international air service between Canada and the Democratic Republic of the Congo.

Pursuant to subsection 78(2) of the CTA, the Agency may issue a licence, on a temporary basis, for international air services that are not permitted in an agreement, a convention or an arrangement relating to civil aviation to which Canada is a party.

Prior to operating an international air service, Air Canada must, in addition to holding a licence, hold a valid Canadian aviation document and have the prescribed liability insurance coverage. The Agency has considered the material on file and is satisfied that Air Canada meets those requirements.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, will issue to Air Canada a temporary licence to operate, through code sharing, an international air service on a scheduled basis, using large and all-cargo aircraft, between Canada and the Democratic Republic of the Congo.

Concerning the duration of the subject authority, the Agency considers it appropriate to grant the authority until September 1, 2011.

The licence to be issued pursuant to this Decision shall be subject, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended, and to the following conditions:

1. The Licensee is authorized to operate an international air service on a scheduled basis, using large and all‑cargo aircraft, through code sharing, between Canada and the Democratic Republic of the Congo.
2. This licence shall terminate on September 1, 2011.

Any similar requests for a subsequent authority shall be submitted to the Agency for approval one month prior to the expiry of the licence.

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, P. Eng.