Determination No. A-2020-25
APPLICATION by Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines (Turkish Airlines), on behalf of itself and ACT Havayollari A.S. (ACT Airlines Inc.) carrying on business as ACT Airlines (ACT Airlines), 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).
Turkish Airlines, on behalf of itself and ACT Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Turkish Airlines to provide its scheduled international service, all-cargo aircraft, between Turkey and Canada using two aircraft with flight crew provided by ACT Airlines, until December 31, 2020.
Turkish Airlines 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 15 days before the first planned flight. 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 Turkish Airlines from the application of subsection 8.2(2) of the ATR.
Turkish Airlines is licensed to operate a scheduled international service in accordance with the Arrangement between the Government of Canada and the Government of the Republic of Turkey on Air Transport set out in an Agreed Minute signed on March 13, 2009.
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 Turkish Airlines of two aircraft with flight crew provided by ACT Airlines, and the provision by ACT Airlines of such aircraft and flight crew to Turkish Airlines, to permit Turkish Airlines to provide its scheduled international service, all-cargo aircraft, on licensed routes between Turkey and Canada using two aircraft and flight crew provided by ACT Airlines, from the date of this Determination to December 31, 2020.
This approval is subject to the following conditions:
- Turkish Airlines shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by Turkish Airlines. ACT Airlines 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.
- Turkish Airlines and ACT Airlines 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.
- Turkish Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Turkish Airlines and ACT Airlines shall advise the Agency in advance of any changes to the information provided in support of the application.
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