Determination No. A-2018-248

November 22, 2018

APPLICATION by Flair Airlines Ltd. carrying on business as Flair Air (Flair), on behalf of itself and Travel Service, a.s. (Travel Service), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).

Case number: 
18-05871

Flair, on behalf of itself and Travel Service, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Flair to provide its scheduled international service between Canada and the United States of America using one aircraft with flight crew provided by Travel Service, beginning on December 1 to December 30, 2018.

Flair is licensed to operate a scheduled international service, large aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

The Agency has considered the application and the material in support and is satisfied that it meets the 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 Flair of one aircraft with flight crew provided by Travel Service, and the provision by Travel Service of such aircraft and flight crew to Flair, to permit Flair to provide its scheduled international service on licensed routes between Canada and the United States of America using one aircraft and flight crew provided by Travel Service, beginning on December 1 to December 30, 2018.

This approval is subject to the following conditions:

  1. Flair shall continue to hold the valid licence authority.
  2. Commercial control of the flights shall be maintained by Flair. Travel Service 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 the volume of traffic carried or other revenue-sharing formula.
  3. Flair and Travel Service 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. Flair shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  5. Flair and Travel Service shall advise the Agency in advance of any changes to the information provided in support of the application.

Member(s)

Heather Smith
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