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Agency Rulings
Decision No. 691-A-2003
December 15, 2003
APPLICATION by Zoom Airlines Incorporated for authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, to serve the additional point, La Romana, in the Dominican Republic under Licence No. 030154 commencing January 1, 2004.
File No. M4210/Z11-4-2
Zoom Airlines Incorporated (hereinafter Zoom Airlines) 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 November 4, 2003.
By Decision No. LET-A-232-2003 dated November 20, 2003, the Agency gave notice of the application to the other Canadian air carriers designated on the Canada/Dominican Republic market. No comments were received.
Under Licence No. 030154, Zoom Airlines is authorized to operate a scheduled international service between Canada and the Dominican Republic in accordance with 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. 030154 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, for a service which is not permitted in a bilateral air transport agreement. Zoom Airlines indicated that it wishes to commence its new services each Thursday from January to April 2004.
The Agency has reviewed the application and, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 030154 in order to allow Zoom Airlines to serve the additional point, La Romana, from January 1 to April 30, 2004.
In all other respects, the services shall be operated in accordance with the Agreement.
The authority granted herein does not exempt Zoom Airlines from the requirements of other legislative acts or regulations, including those of Transport Canada.
This Decision shall form part of Licence No. 030154 and shall remain affixed thereto as long as the said Decision is in force.