Letter Decision No. LET-A-187-2005
Akwaaba Airlines and Tours Ltd. and Ahenfo Airlines Ltd.
The Canadian Transportation Agency (hereinafter the Agency) has reviewed the response filed by Akwaaba Airlines and Tours Ltd. (hereinafter Akwaaba) on June 22, 2005, in answer to Agency Order No. 2005-A-350.
The Agency notes that Akwaaba has stated it has instructed its staff not to promote andor sell its planned service in Canada; that it has removed the 1-866-317-6399 number and sales office from its Web site as well as disabled the salepurchase function so that no one in Canada can buy a ticket online; and that instructions have been provided to Canadian media not to continue promoting the services until the issue has been cleared up.
Agency staff has reviewed the Web site and notes that certain changes have yet to be made. Specifically, the 24 hour sales (1-866-317-6399) telephone number is still posted; the proposed flight schedule still shows service between New Jersey - Toronto - Accra; the online booking system still makes reference to "Toronto to Accra" in the itinerary field and references a contact number to make payments. Akwaaba is hereby directed to advise the Agency immediately when all the changes have been made. Akwaaba is also advised that if the contravention of the Agency's cease and desist Order continues, the Agency's Order will be made an Order of the superior court in Ontario and action will be taken to have Akwaaba and Ahenfo Airlines Ltd. found in contempt of court.
Akwaaba has provided a copy of a contract between Akwaaba and Worldwide Charters. Pursuant to subsection 37.1(2), paragraph 43(2.1)(b) and section 52 of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), the licensed air carrier, upon signing the contract, but not later than 15 days before the first flight of a charter series, must, among other requirements, notify the Agency in writing of the proposed operations and provide a copy of the executed contract.
Worldwide Charters does not hold a licence valid for the operation of such charter flights. Also, the Agency has not received an application from a licensed air carrier to operate charter flights between Toronto and Accra, Ghana on behalf of Akwaaba, as charterer.
In light of the foregoing, the Agency finds that Akwaaba has not demonstrated to the satisfaction of the Agency that it has entered into a charter contract with a licensed air carrier for the operation of the proposed air services.
Accordingly, Order No. 2005-A-350 will remain in effect.
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