Decision No. 440-A-2001

August 3, 2001

August 3, 2001

APPLICATION by Société Air France doing business as Air France (hereinafter Air France), on behalf of itself and Flugfelagid Atlanta H/F carrying on business as Air Atlanta (hereinafter Air Atlanta) for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, to permit Air France, while providing its scheduled international service between France and Canada, to use aircraft and flight crew provided by Air Atlanta, from the date of this Decision until August 31, 2001.

File No. M4835-32-1

Docket No. 010783AG


Air France, on behalf of itself and Air Atlanta, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on August 3, 2001.

Air France has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), which requires the filing of an application for approval at least 45 days before the first planned flight.

Air France submits that due to labour actions, it requires the ability to use alternate aircraft if its own aircraft becomes unavailable.

Under Licence No. 975093, Air France is authorized to operate a scheduled international service on the route(s) set out in the Air Transport Agreement between the Government of Canada and the Government of the French Republic signed on June 15, 1976.

With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by Air France 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 (hereinafter the CTA), hereby orders that Air France be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material filed in support thereof 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, hereby approves the use by Air France of aircraft and flight crew provided by Air Atlanta, and the provision by Air Atlanta of such aircraft and flight crew to Air France, for the operation of its scheduled international air service between France and Canada from the date of this Decision until August 31, 2001, subject to the following conditions:

  1. Air France shall continue to hold the required licence authority.
  2. Commercial control of the flights shall be maintained by Air France. Air Atlanta 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.

Air France and Air Atlanta are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Air France and Air Atlanta from the requirements of other legislative acts or regulations, including those of Transport Canada.

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