Decision No. 406-A-2009

September 30, 2009

File No. M4895/A328-1-3

Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat) has applied to the Canadian Transportation Agency (Agency) for the authority to serve the additional points Cayo Largo del Sur, Camaguey and Santa Clara, Cuba, during the International Air Transport Association (IATA) 2009/2010 winter season, commencing on October 25, 2009. The application was received on September 15, 2009.

The Agency notes that this application is a renewal of the approval granted by Decision No. 512-A-2008 dated October 14, 2008.

Under Licence No. 975104, Air Transat is authorized to operate a scheduled international service, large aircraft, between Canada and Cuba in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Republic of Cuba signed on February 12, 1998 (Agreement).

Condition No. 1 of Licence No. 975104 states:

The Licensee is authorized to operate the route(s) set out in the Agreement.

Under the terms of the Agreement, Air Transat may serve Havana, Varadero and two changeable points in Cuba to be named by Canada. Holguin and Cayo Coco have been named; therefore, Cayo Largo del Sur, Camaguey and Santa Clara are not permitted under the Agreement.

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (CTA) for a service which is not permitted in a bilateral air transport agreement.

The Agency has reviewed and considered the application and the material in support, and finds that it would be appropriate in this case to grant temporary authority for the International Air Transport Association (IATA) 2009/2010 winter season.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, varies Condition No. 1 of Licence No. 975104 to the extent necessary to permit Air Transat to serve the additional points Cayo Largo del Sur, Camaguey and Santa Clara, from October 25, 2009 to March 28, 2010.

In all other respects, the services shall be operated in accordance with the Agreement.

The authority granted does not exempt Air Transat from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision shall form part of Licence No. 975104 and shall remain affixed thereto as long as this Decision is in force.

Members

• John Scott
• Jean-Denis Pelletier, ing./P. Eng.