Decision No. 734-A-2005

December 20, 2005

File No. M4835-2-48

Air Canada has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on December 13, 2005.

By Decision No. 263-A-2005 dated April 29, 2005, the Agency approved the use by Air Canada of aircraft and flight crew provided by Gemini Air Cargo (hereinafter Gemini), and the provision by Gemini of such aircraft and flight crew to Air Canada, to permit Air Canada to provide scheduled international cargo services between any point or points in Canada and Frankfurt and between any point or points in Canada and Vitoria, Spain and/or Frankfurt from May 1, 2005 to April 30, 2006.

In its application, Air Canada requests a variance of Decision No. 263-A-2005 in order to permit it to serve the points Halifax and Brussels when operating its December 21/22 and 28/29, 2005 scheduled international all-cargo flights on the Toronto/Halifax/Brussels/Frankfurt/Toronto routing.

Under Licence No. 975031, Air Canada is authorized to operate, inter alia, a scheduled international service, all-cargo aircraft, in accordance with the Agreement between the Government of Canada and the Government of Belgium on Air Transport signed on May 13, 1986.

Under Licence No. 975053, Air Canada is authorized to operate, inter alia, a scheduled international service, all-cargo aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Republic of Germany signed on March 26, 1973, as amended.

According to Air Canada, the proposed flights would allow the carriage of fresh seafood including lobsters.

The Agency has reviewed and considered the application and the material filed in support thereof and finds, pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), that there has been a change in the facts or circumstances pertaining to Decision No. 263-A-2005 since it issued and that this Decision should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Decision No. 263-A-2005 dated April 29, 2005 by authorizing Air Canada to operate its December 21/22 and 28/29, 2005 scheduled international all-cargo flights on the routing Toronto/Halifax/Brussels/Frankfurt/Toronto using aircraft and flight crew provided by Gemini.

All other conditions set out in Decision No. 263-A-2005 continue to apply.

Members

• Mary-Jane Bennett
• Beaton Tulk