Decision No. 516-A-2010

December 22, 2010

APPLICATION by Air Transat A.T. Inc. carrying on business as Air Transat, on behalf of itself and I.M.P. Group Limited carrying on business as CanJet Airlines, a Division of I.M.P. Group Limited, 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

Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat), on behalf of itself and I.M.P. Group Limited carrying on business as CanJet Airlines, a Division of I.M.P. Group Limited (CanJet), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international service between Canada and Cuba using aircraft and flight crew provided by CanJet, from December 23, 2010 to January 10, 2011.

Air Transat 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 Air Transat from the application of subsection 8.2(2) of the ATR.

Air Transat is licensed to operate 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 (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 ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA 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 Cuba using aircraft and flight crew provided by CanJet, from December 23, 2010 to January 10, 2011.

This approval is subject to the following conditions:

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

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

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, P. Eng.