Decision No. 710-A-2005

December 5, 2005

File No. M4212/E176-3-1

Eva Airways Corporation (hereinafter Eva Airways) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on October 26, 2005. The applicant requests authority to operate extra return flights between Taipei and Vancouver on December 17/18 and December 24/25, 2005, December 31, 2005/January 1, 2006, January 7/8, 2006 and January 21/22, 2006.

Air Canada submitted correspondence on November 17, 2005 in support of the application.

Under Licence No. 990059, Eva Airways is authorized to operate a scheduled international service.

Condition No. 1 of Licence No. 990059 states:

The scheduled international service authorized herein shall be operated in a manner consistent with the Supplementary Confidential Memorandum on Air Services between the Canadian Trade Office in Taipei and the Civil Aeronautics Administration of the Ministry of Transportation and Communications in Taipei signed on February 25, 1999, as amended (hereinafter the CMOU).

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 an arrangement.

The Agency has reviewed and considered the application and the material filed in support thereof and has determined that Condition No. 1 of Eva Airways' licence must be varied in order to permit the proposed frequency of services.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 990059 to the extent necessary to permit Eva Airways to operate a total of five extra return flights between Taipei and Vancouver from December 17, 2005 to January 22, 2006.

In all other aspects, the service shall be operated in accordance with the CMOU.

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

This Decision shall form part of Licence No. 990059 and shall remain affixed thereto as long as this Decision is in force.

Members

• Mary-Jane Bennett
• Baljinder Gill