Decision No. 526-A-2008

October 17, 2008

October 17, 2008

APPLICATION by Pakistan International Airlines Corporation for extra-bilateral authority pursuant to section 77 and subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to operate a third weekly flight to Toronto, Ontario, Canada, without including services at Montréal, Quebec, Canada and to offer up to 1000 seats per week while operating air services between Pakistan and Canada, from November 1, 2008 to March 31, 2009.

File No. M4212/P106-4


Pakistan International Airlines Corporation (Pakistan International) has applied to the Canadian Transportation Agency (the Agency) for the authority set out in the title. The application was complete on September 29, 2008.

The Agency notes that this application is a renewal of the approval granted by Decision No. 130-A-2008 dated March 27, 2008.

Under Licence No. 961035, Pakistan International is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Islamic Republic of Pakistan signed on January 15, 1996 (the Agreement).

Condition No. 1 of Licence No. 961035 states:

The Licensee is authorized to operate the route(s) set out in the Agreement.

Condition No. 2 of Licence No. 961035 states:

The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and the Islamic Republic of Pakistan.

Under the terms of the Agreement, Pakistan International may operate, among others, up to three (3) flights per week between Pakistan and Canada, providing up to 685 seats per week in each direction, subject to the carrier including services at Montréal when operating a third flight to Toronto.

Pursuant to paragraph 5 of Article XI of the Agreement, the capacity to be provided on the specified routes shall be agreed between the designated airlines, subject to the approval of the aeronautical authorities.

In its application, Pakistan International states that the Pakistani community in Canada has responded very well to the third weekly flight operation. Pakistan International maintains that this operation allows it to meet the growing demand for transportation between Toronto and Pakistan.

By letter dated September 29, 2008, Air Canada, the Canadian designated carrier for air services between Canada and Pakistan, indicated its agreement with the proposed additional capacity and its support for approval of the extra-bilateral authority.

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. In light of Air Canada's support, the Agency is of the opinion that a temporary increase in capacity and temporary authority to operate a third weekly flight without including services at Montréal would be appropriate.

Accordingly, pursuant to section 77 of the CTA and as provided for in the Agreement, the Agency authorizes Pakistan International to provide up to 1000 seats per week in each direction between Canada and Pakistan, from November 1, 2008 to March 31, 2009.

In addition, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition Nos. 1 and 2 of Licence No. 961035 to the extent necessary to permit Pakistan International to operate a third weekly flight between Pakistan and Toronto without including services at Montréal, from November 1, 2008 to March 31, 2009, subject to the following condition:

  • No fifth freedom traffic may be carried between points in Europe and Toronto on the third flight.

In all other respects, the services shall be operated in accordance with the Agreement.

The authority granted herein does not exempt Pakistan International from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision shall form part of Licence No. 961035 and shall remain affixed thereto as long as this Decision is in force.

Members

  • Raymon J. Kaduck
  • J. Mark MacKeigan
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