Determination No. A-2024-160

Sunwing, on behalf of itself and WestJet, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Sunwing to provide its scheduled international services, large aircraft, between Canada and the following countries: Cuba, the Dominican Republic, Jamaica and Mexico, using aircraft with flight crew provided by WestJet, beginning on October 31,2024, to May 15, 2025.

Sunwing 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 Sunwing from the application of subsection 8.2(2) of the ATR.

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

The Agency has reviewed the application and the supporting material 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 Sunwing of aircraft with flight crew provided by WestJet, and the provision by WestJet of such aircraft and flight crew to Sunwing, to permit Sunwing to provide its scheduled international services on licensed routes between Canada and the following countries: Cuba, the Dominican Republic, Jamaica and Mexico, using aircraft and flight crew provided by WestJet, beginning on October 31, 2024, to May 15, 2025.

This approval is subject to the following conditions:

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