Agency Rulings

Decision No. 579-A-2005

September 22, 2005

APPLICATION by Air Transat A.T. Inc. carrying on business as Air Transat for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, to also serve the points Punta Cana and La Romana in the Dominican Republic under Licence No. 030158 for the International Air Transport Association (IATA) 2005/2006 winter season.

File No. M4210/A328-4-12

Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter Air Transat) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority to operate the services set out in the title. The application was received on September 13, 2005.

The Agency notes that this application is a renewal of the approval granted by Decision No. 93-A-2005 dated February 18, 2005.

Under Licence No. 030158, Air Transat is authorized to operate a scheduled international service between Canada and the Dominican Republic pursuant to the Agreement between the Government of Canada and the Government of the Dominican Republic on Air Transport initialled ad referendum on June 18, 1986 (hereinafter the Agreement).

Condition No. 1 of Licence No. 030158 states:

The Licensee is authorized to operate the route(s) set out in the Agreement.

Under the terms of the Agreement, the airlines designated by Canada may serve Santo Domingo and Puerto Plata in the Dominican Republic. There is no provision permitting service to additional points in the Dominican Republic.

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (hereinafter the CTA) for a service which is not permitted in a bilateral air transport agreement. The Agency's usual practice is to grant temporary authority for periods of six months or periods which coincide with the IATA Summer or Winter operating seasons.

The Agency has reviewed the application and, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 030158 in order to allow Air Transat to serve the additional points Punta Cana and La Romana from October 30, 2005 to April 1, 2006.

In all other respects, the services shall be operated in accordance with the Agreement.

The authority granted herein does not exempt Air Transat from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision shall form part of Licence No. 030158 and shall remain affixed thereto as long as the said Decision is in force.