Decision No. 514-A-2010

December 22, 2010

APPLICATION by I.M.P. Group Limited carrying on business as CanJet Airlines, a Division of I.M.P. Group Limited, on behalf of itself and Air Transat A.T. Inc. carrying on business as Air Transat, for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No. M4835-86-1

I.M.P. Group Limited carrying on business as CanJet Airlines, a Division of I.M.P. Group Limited (CanJet), on behalf of itself and Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international service between Canada and the Dominican Republic by selling transportation in its own name on flights operated by CanJet.

CanJet 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 CanJet from the application of subsection 8.2(2) of the ATR.

CanJet is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Dominican Republic on Air Transport initialled ad referendum on September 5, 2008 (Agreement).

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 Air Transportation Regulations (ATR).

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, approves the use by Air Transat of aircraft and flight crew provided by CanJet, and the provision by CanJet of such aircraft and flight crew to Air Transat, to permit Air Transat to provide its scheduled international service on licensed routes between Canada and the Dominican Republic by selling transportation in its own name on flights operated by CanJet, for a period of three years from the date of this Decision.

This approval is subject to the following conditions:

1. Air Transat shall continue to hold the valid licence authority.
2. Air Transat shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
3. The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
4. CanJet and Air Transat 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.
5. Air Transat shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. CanJet and Air Transat shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.

This approval does not exempt CanJet and Air Transat from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• J. Mark MacKeigan
• Jean-Denis Pelletier, P. Eng.