Decision No. 509-A-2008
October 9, 2008
APPLICATION by Air Canada for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to serve the additional points Cayo Largo del Sur and Santa Clara, Cuba, for such period as may be authorized by the Agency, commencing on October 26, 2008.
File No. M4210/A74-4-64
Air Canada has applied to the Canadian Transportation Agency (the Agency) for the authority set out in the title. The application was complete on September 8, 2008.
The Agency notes that this application is a renewal of the approval granted by Decision No. 101-A-2008 dated March 7, 2008.
Under Licence No. 030115, Air Canada is authorized to operate, among others, a scheduled international service 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 (the Agreement).
Condition No. 1 of Licence No. 030115 states:
The Licensee is authorized to operate the route(s) set out in the Agreement.
Under the terms of the Agreement, Air Canada 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 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 (the 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 filed in support thereof. Air Canada did not specify the period of time for which authority is requested. The Agency is of the opinion that it would be appropriate in this case to grant temporary authority for the International Air Transport Association (IATA) 2008/2009 winter season.
Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 030115 to the extent necessary to permit Air Canada to serve the additional points Cayo Largo del Sur and Santa Clara, from October 26, 2008 to March 28, 2009.
In all other respects, the services shall be operated in accordance with the Agreement.
The authority granted herein does not exempt Air Canada from the requirements of other legislative acts or regulations, including those of Transport Canada.
This Decision shall form part of Licence No. 030115 and shall remain affixed thereto as long as this Decision is in force.
Members
- John Scott
- J. Mark MacKeigan
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