Decision No. 583-A-2007

November 16, 2007

File Nos. M4210/A328-4-2
M4820-F3

Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter Air Transat) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on September 25, 2007.

Under Licence No. 970093, Air Transat is authorized to operate a scheduled international service, large aircraft, between Canada and France in accordance with the Air Transport Agreement between the Government of Canada and the Government of the French Republic signed on June 15, 1976, as amended (hereinafter the Agreement).

Condition No. 1 of Licence No. 970093 states:

The Licensee is authorized to operate Route 1 set out in the Agreement.

Condition No. 3 of Licence No. 970093 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 French Republic.

Air Transat is requesting the extra-bilateral authority to serve the point Marseille as service at this point is not provided for in the 1976 Agreement. Under the terms of the Agreement, Air Transat is authorized to serve Route 1 which covers the point Paris and up to two other points in mainland France. The current additional points named by Canada are Nice and Lyon. Marseille is therefore not a point that may be served by Air Transat.

Due to the extra-bilateral nature of Air Transat's requested authority, the Agency, by letter dated September 25, 2007, gave notice of the application to parties that may have an interest, namely Air Canada, Zoom Airlines Inc., Skyservice Airlines Inc. carrying on business as Skyservice and the Montréal Pierre Elliott Trudeau International Airport. No comments were received.

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (hereinafter 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 the foregoing, the Agency is satisfied that the proposed service would benefit the travelling public.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition Nos. 1 and 3 of Licence No. 970093 to the extent necessary to permit Air Transat to operate 39 round-trip flights, on a scheduled international basis, on the routings Montréal/Marseille/Montréal or Montréal/Marseille/Montréal/Toronto, from April 28 to October 25, 2008.

In all other respects, the service authorized herein shall be operated in accordance with the Agreement.

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

This Decision shall form part of Licence No. 970093 and shall remain affixed thereto as long as the said Decision is in force.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan