Decision No. 568-A-2004
October 26, 2004
File No. M4210/A74-4-51
Air Canada has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on September 23, 2004.
Under Licence No. 975011, Air Canada is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Argentine Republic signed on May 8, 1979, as amended (hereinafter the Agreement).
Condition No. 1 of Licence No. 975011 states:
The Licensee is authorized to operate the route(s) set out in the Agreement.
Under the terms of the Agreement, the specified route to be operated by the designated airline or airlines of Canada does not include points to be served beyond Argentina. Thus, there is no provision permitting the operation of services as proposed by Air Canada.
In support of its application, Air Canada has advised that it has received approval from the aeronautical authorities of Argentina in respect of the proposed services.
The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that amendment of Licence No. 975011 to permit the operation of Air Canada's scheduled international service on the route Toronto - Buenos Aires-Santiago, including fifth freedom rights between Buenos Aires and Santiago three times per week, would be beneficial to the travelling public.
With respect to the duration of the authority, Air Canada has not specified a period of applicability in its application. The Agency's usual practice is to grant temporary authority for periods of six months or for the International Air Transport Association (IATA) operating seasons. In this case, the Agency finds it would be appropriate to grant authority until the end of the IATA 2004/2005 Winter Season.
Accordingly, the Agency, pursuant to subsection 78(2) of the Canada Transportation Act, hereby varies Condition No. 1 of Licence No. 975011 in order to allow Air Canada to operate three flights per week on the route Toronto - Buenos Aires - Santiago, with fifth freedom rights between Buenos Aires and Santiago, from November 2, 2004 to March 26, 2005.
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. 975011 and shall remain affixed thereto as long as this Decision is in force.
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