Agency Rulings

Decision No. 301-A-2005

May 13, 2005

APPLICATION by Martinair Holland N.V. (hereinafter Martinair), on behalf of itself and Euroatlantic Airways - Transportes Aéreos S.A. carrying on business as Euroatlantic Airways (hereinafter Euroatlantic), for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10 and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, to permit Martinair to provide its scheduled international service between the Kingdom of the Netherlands and Canada using aircraft and flight crew provided by Euroatlantic, from May 14 to June 30, 2005.

File No. M4835-49-1

Martinair, on behalf of itself and Euroatlantic, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on May 4, 2005.

Notice of the application was given to Air Canada and Air Transat A.T. Inc. carrying on business as Air Transat, the Canadian air carriers designated to serve the Kingdom of the Netherlands, by Decision No. LET-A-142-2005 dated May 6, 2005. No objections were received.

Martinair has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight.

Under Licence No. 975115, Martinair is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands relating to Air Transport signed on June 2, 1989.

With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by Martinair with subsection 8.2(2) of the ATR is impractical in this case.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (hereinafter the CTA), hereby orders that Martinair be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material filed in support thereof 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, hereby approves the use by Martinair of aircraft and flight crew provided by Euroatlantic, and the provision by Euroatlantic of such aircraft and flight crew to Martinair, in order to permit Martinair to provide its scheduled international service between the Kingdom of the Netherlands and Canada using aircraft and flight crew provided by Euroatlantic, from May 14 to June 30, 2005, subject to the following conditions:

1. Martinair shall continue to hold the required licence authority.
2. Commercial control of the flights shall be maintained by Martinair. 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.

Martinair and Euroatlantic are reminded to advise the Agency in advance of any changes to the information provided in support of the subject application.

Martinair and Euroatlantic are further reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Martinair and Euroatlantic from the requirements of other legislative acts or regulations, including those of Transport Canada.