Decision No. 622-A-2008

December 19, 2008

File No. M4212/K45-4

Southern Air Inc. (Southern Air), on behalf of itself and Korean Air Lines Co. Ltd. (Korean Air Lines), has applied to the Canadian Transportation Agency (the Agency) for the approval set out in the title. The application was complete on December 17, 2008.

Southern Air has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (the ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight.

Under Licence No. 975147, Korean Air Lines is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Korea for Air Services signed on September 20, 1989 (the Agreement).

With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by Southern Air 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 (the CTA), hereby orders that Southern Air be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and 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 Korean Air Lines of aircraft and flight crew provided by Southern Air, and the provision by Southern Air of such aircraft and flight crew to Korean Air Lines, to permit Korean Air Lines to operate its scheduled international all-cargo service between Korea and Canada on the route Seoul-Anchorage-Miami-Toronto-Anchorage-Seoul using part of an aircraft and flight crew provided by Southern Air, on December 20 and 21, 2008, subject to the following conditions:

1. Korean Air Lines shall continue to hold the required licence authority.
2. Commercial control of the flights shall be maintained by Korean Air Lines. Southern Air 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. No local traffic may be carried between Toronto and Miami.

Southern Air and Korean Air Lines are reminded to advise the Agency in advance of any changes to the information provided in support of the subject application.

Southern Air and Korean Air Lines are further reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted does not exempt Southern Air and Korean Air Lines from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• John Scott
• Jean-Denis Pelletier, ing./P. Eng.