Decision No. 7-A-2012

Polskie Linie Lotnicze LOT SA (LOT Polish Airlines SA) [LOT], on behalf of itself and Cargojet Airways Ltd. also carrying on business as Cargojet Regional (Cargojet), has applied to the Canadian Transportation Agency (Agency) for an approval to permit LOT to provide its scheduled international service between Poland and Canada using aircraft and flight crew provided by Cargojet.

LOT has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance 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 (CTA), exempts LOT from the application of subsection 8.2(2) of the ATR.

LOT is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.

The Agency has 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 LOT of aircraft and flight crew provided by Cargojet, and the provision by Cargojet of such aircraft and flight crew to LOT, to permit LOT to provide its scheduled international service on licensed routes between Poland and Canada using aircraft and flight crew provided by Cargojet, from the date of this Decision until December 31, 2012.

This approval is subject to the following conditions:

1. LOT shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by LOT. Cargojet 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. LOT and Cargojet shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
4. LOT shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. LOT and Cargojet shall advise the Agency in advance of any changes to the information provided in support of the application.