Determination No. A-2023-139

SATA Internacional, on behalf of itself and EuroAtlantic, has applied to the Canadian Transportation Agency (Agency) for an approval to permit SATA Internacional to provide its scheduled international service between Canada and the European Community and its Member States using aircraft with flight crew provided by EuroAtlantic, beginning on June 30, 2023, to July 15, 2023.

SATA Internacional 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 SATA Internacional from the application of subsection 8.2(2) of the ATR.

SATA Internacional is licensed to operate a scheduled international service in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 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 SATA Internacional of aircraft with flight crew provided by EuroAtlantic, and the provision by EuroAtlantic of such aircraft and flight crew to SATA Internacional, to permit SATA Internacional to provide its scheduled international service on licensed routes between Canada and the European Community and its Member States using aircraft and flight crew provided by EuroAtlantic, beginning on June 30, 2023, to July 15, 2023.

This approval is subject to the following conditions:

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