Decision No. 83-A-2011

March 21, 2011

File Nos. M4212/T382-2
M5000/T382

TNT Airways S.A., on behalf of itself and Corporación Ygnus Air, S.A. carrying on business as Gestair Cargo (Gestair Cargo), has applied on the Canadian Transportation Agency (Agency) after hours service 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 Airways S.A. to provide a non-scheduled international service from Halifax, Nova Scotia, Canada to Liège, Belgium on March 8, 2011 using a B767 aircraft with flight crew provided by Gestair Cargo.

TNT Airways S.A. 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 Airways S.A. 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 Airways S.A. 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 Airways S.A. of an aircraft and flight crew provided by Gestair Cargo, and the provision by Gestair Cargo of such aircraft and flight crew to TNT Airways S.A., to permit TNT Airways S.A. to provide a non‑scheduled international service from Halifax to Liège on March 8, 2011 using a B767 aircraft with flight crew provided by Gestair Cargo.

This approval is subject to the following conditions:

1. The air service shall be operated under the non-scheduled international licence of TNT Airways S.A.
2. Commercial control of the flight shall be maintained by TNT Airways S.A. Gestair Cargo shall maintain operational control of the flight 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 Airways S.A. 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 Airways S.A. shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.

The Agency has considered the application for an exemption from subparagraph 34(1)(a)(i) and paragraph 34(1)(b) of the ATR, namely the filing time requirement and the requirement to provide the Agency with a copy of the executed charter contract. The Agency finds that compliance by TNT Airways S.A. with subparagraph 34(1)(a)(i) and paragraph 34(1)(b) of the ATR is impractical in this case. Therefore, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts TNT Airways S.A. from the application of subparagraph 34(1)(a)(i) and paragraph 34(1)(b) of the ATR. The Agency also grants program permit number 2011-5-CEC to operate the Canadian-originating entity cargo charter flight from Halifax to Liège on March 8, 2011.

The approval pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR does not exempt TNT Airways S.A. and Gestair Cargo from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision takes effect on March 7, 2011, the date on which it was communicated verbally on the Agency after hours service.

Members

• John Scott