Decision No. 429-A-2011

Caribbean Airlines Limited carrying on business as Air Jamaica (Caribbean Airlines), on behalf of itself and Omni Air International, Inc. also carrying on business as Omni Air Express (Omni Air), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Caribbean Airlines to provide its scheduled international service between Trinidad and Tobago and Canada using aircraft and flight crew provided by Omni Air, from December 16, 2011 to January 8, 2012.

Caribbean Airlines 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 Caribbean Airlines from the application of subsection 8.2(2) of the ATR.

Caribbean Airlines is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Trinidad and Tobago on Air Transport, initialled ad referendum on October 13, 2010.

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 Caribbean Airlines of aircraft and flight crew provided by Omni Air, and the provision by Omni Air of such aircraft and flight crew to Caribbean Airlines, to permit Caribbean Airlines to provide its scheduled international service on licensed routes between Trinidad and Tobago and Canada using aircraft and flight crew provided by Omni Air, from December 16, 2011 to January 8, 2012.

This approval is subject to the following conditions:

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