Decision No. 674-A-2002

December 17, 2002

File No. M4835-2-C9Docket No. 021496AG

Cubana de Aviacion S.A. (hereinafter Cubana), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on November 28, 2002 and amended on December 9, 2002.

Under Licence No. 975160, Cubana is authorized to operate a scheduled international service between Cuba and Canada 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 (hereinafter the Agreement).

Condition Nos. 1 and 2 of Licence No. 975160 read as follows:

1. The Licensee is authorized to operate the route(s) set out in the Agreement.
2. 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 Republic of Cuba.

   Notice of the application was given to interested parties and no objections were filed with the Agency.

The Agency notes that the Agreement does not permit Cubana to serve Québec, Quebec. Therefore, the Agency finds that Cubana does not hold the required licence authority and that certain conditions of Cubana's licence must be varied in order to permit the provision of the proposed services.

Accordingly, the Agency, pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), hereby varies Condition Nos. 1 and 2 of Cubana's Licence No. 975160 to the extent necessary to permit Cubana to provide air services between Québec, Quebec, Canada and Varadero and Havana, Cuba from December 18, 2002 to April 23, 2003.

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