Determination No. A-2023-138

Tunisair, on behalf of itself and Maleth Aero, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Tunisair to provide its scheduled international service between Canada and Tunisia using one aircraft with flight crew provided by Maleth Aero, beginning on July 10, 2023, to July 29, 2023.

Tunisair 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 Tunisia set out in an Agreed Minute signed on February 10, 2010.

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 Tunisair of one aircraft with flight crew provided by Maleth Aero, and the provision by Maleth Aero of such aircraft and flight crew to Tunisair, to permit Tunisair to provide its scheduled international service on licensed routes between Canada and Tunisia using one aircraft and flight crew provided by Maleth Aero, beginning on July 10, 2023, to July 29, 2023.

This approval is subject to the following conditions:

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