Decision No. 72-A-2011

March 11, 2011

File Nos. M4212/T382-2
M5000/T382

TNT Airways S.A. (TNT), on behalf of itself and Corporación Ygnus Air, S.A. carrying on business as Gestair Cargo (Gestair Cargo), has applied to the Canadian Transportation Agency (Agency) for an approval pursuant to section 60 of the Canada Transportation Act (CTA) and section 8.2 of the Air Transportation Regulations (ATR) to permit TNT to provide a non-scheduled international service between Halifax, Nova Scotia, Canada and Liège, Belgium from March 12 to July 23, 2011, using aircraft and flight crew provided by Gestair Cargo.

TNT has also requested an exemption from the application of subsection 8.2(2) of the 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 by TNT with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts TNT from the application of subsection 8.2(2) of the ATR.

TNT is licensed to operate a non-scheduled international service to transport goods on a charter basis between Belgium and Canada.

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 TNT of aircraft and flight crew provided by Gestair Cargo, and the provision by Gestair Cargo of such aircraft and flight crew to TNT, to permit TNT to provide a non-scheduled international service from Halifax to Liège using aircraft and flight crew provided by Gestair Cargo, from March 12 to July 23, 2011.

This approval is subject to the following conditions:

1. The air service shall be operated under the non-scheduled international licence of TNT.
2. Commercial control of the flights shall be maintained by TNT. Gestair Cargo shall maintain operational control of the flights and shall receive payment based on the rental of the aircraft and crew and not on the basis of volume of traffic carried or other revenue-sharing formula.
3. TNT and Gestair Cargo 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. TNT shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.

TNT has also applied to the Agency, pursuant to Division III of Part III of the ATR, for a program permit to operate Canadian-originating entity cargo charter flights, on behalf of Worldwide Perishables Canada Co., carrying live lobsters and fish from Halifax to Liège, from March 12 to July 23, 2011.

The Agency has considered the application for a program permit and grants program permit 2011-6-CEC to operate the Canadian‑originating entity cargo charter flights.

These approvals do not exempt TNT and Gestair Cargo from the requirements of other legislative acts or regulations, including those of Transport Canada.

Member

• J. Mark MacKeigan