Decision No. 8-A-2008

January 11, 2008

APPLICATION by Zoom Airlines Incorporated and Zoom Airlines Limited, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, for an approval to permit Zoom Airlines Incorporated to provide its scheduled international services between Canada and the United Kingdom using aircraft and flight crew provided by Zoom Airlines Limited, from January 13 to April 30, 2008.

File No. M4835-59-2

Zoom Airlines Incorporated (hereinafter Zoom Incorporated), a company incorporated under the laws of Canada, and Zoom Airlines Limited (hereinafter Zoom Limited), a company incorporated under the laws of the United Kingdom, have applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on January 8, 2008.

The Agency notes that this application is a renewal of the approval granted by Decision No. 628-A-2007 dated December 11, 2007.

Under Licence No. 030089, Zoom Incorporated is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services signed on June 22, 1988 (hereinafter the Agreement).

The Agency notes that the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), and therefore an exemption from the application of this provision is necessary. The Agency is of the opinion that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the Canada Transportation Act (hereinafter the CTA), the Agency hereby orders that Zoom Incorporated and Zoom Limited be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material filed in support thereof 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, hereby approves the use by Zoom Incorporated of aircraft and flight crew provided by Zoom Limited, and the provision by Zoom Limited of such aircraft and flight crew to Zoom Incorporated, in order to permit Zoom Incorporated to provide its scheduled international services between Canada and the United Kingdom using aircraft and flight crew provided by Zoom Limited, from January 13 to April 30, 2008, subject to the following conditions:

1. Zoom Incorporated shall continue to hold the required licence authority.
2. Commercial control of the flights shall be maintained by Zoom Incorporated. Zoom Limited 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.

Zoom Incorporated and Zoom Limited are reminded to advise the Agency in advance of any changes to the information provided in support of the subject application.

Zoom Incorporated and Zoom Limited are further reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Zoom Incorporated and Zoom Limited from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan