Determination No. A-2019-240

Air Transat, on behalf of itself and Hi Fly, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international services between Canada and each of the following countries: the Dominican Republic, Cuba and Jamaica, using one aircraft with flight crew provided by Hi Fly, beginning on December 20, 2019 to December 29, 2019.

As the application was filed less than 15 days before the first planned flight, as required by subsection 8.2(2) of the ATR, an exemption from the application of this provision is necessary. The Agency finds that compliance 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 Air Transat from the application of subsection 8.2(2) of the ATR.

Air Transat is licensed to operate the relevant scheduled international services, large aircraft.

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 Air Transat of one aircraft with flight crew provided by Hi Fly, and the provision by Hi Fly of such aircraft and flight crew to Air Transat, to permit Air Transat to provide its scheduled international services on licensed routes between Canada and each of the following countries: the Dominican Republic, Cuba and Jamaica, using one aircraft and flight crew provided by Hi Fly, beginning on December 20, 2019 to December 29, 2019.

This approval is subject to the following conditions:

1. Air Transat shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by Air Transat. Hi Fly 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.
3. Air Transat and Hi Fly 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. Air Transat shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. Air Transat and Hi Fly shall advise the Agency in advance of any changes to the information provided in support of the application.