Decision No. 407-A-2008

August 8, 2008

August 8, 2008

APPLICATION by WestJet pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, for a licence to operate a scheduled international service, large aircraft, between Canada and Barbados.

File No. M4210/W221-4-5


WestJet (the applicant) has applied to the Canadian Transportation Agency (the Agency) for a licence to operate the service set out in the title. The application was complete on July 25, 2008.

By letter dated February 8, 2008, the Minister of Transport designated the applicant as eligible to hold a scheduled international licence pursuant to subsection 69(2) of the Canada Transportation Act (the CTA).

By Order No. 2008-A-223 dated July 2, 2008, the Agency granted the applicant an exemption from section 59 of the CTA, thereby permitting the applicant to sell, cause to be sold, or publicly offer for sale in Canada a scheduled international service, large aircraft, between Canada and Barbados, subject to certain conditions.

The Agency has reviewed the application and is satisfied that the applicant meets the requirements of subsection 69(1) of the CTA. The Agency is also satisfied that the pertinent terms and conditions of the Agreement between the Government of Canada and the Government of Barbados on Air Services, initialled ad referendum December 13, 2007 (the Agreement) have been complied with.

Accordingly, the Agency will issue to the applicant a licence to operate a scheduled international service, large aircraft.

Pursuant to subsection 71(1) of the CTA, the Agency deems the terms and conditions set out below to be consistent with the Agreement and will therefore include them in the licence to be issued pursuant to this Decision.

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 (the ATR), to the requirements to hold a Canadian aviation document issued by the Minister of Transport and to have prescribed liability insurance coverage as set out in section 7 of the ATR, and to the following terms and conditions to which the licence is made subject pursuant to subsection 71(1) of the CTA:

  1. The Licensee is authorized to operate the route(s) set out in the Agreement.
  2. The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and Barbados.
  3. Unless terminated at an earlier date in accordance with the CTA or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.

Members

  • John Scott
  • J. Mark MacKeigan
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