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Agency Rulings
Order No. 2001-A-273
June 22, 2001
IN THE MATTER OF the operation of a non-scheduled international service by Transavia Airlines C.V. - Licence No. 977319.
File No. M4212/T245-2
Under Licence No. 977319, Transavia Airlines C.V. (hereinafter the Licensee) is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the Netherlands and points in Canada.
Condition No. 3 of the said licence states:
During any operating year (the period from April 1st in any year to March 31st of the year immediately following), the Licensee may operate out of Canada six (6) charter flights carrying fourth freedom Canadian-originating charter passengers without bringing any third freedom charter passengers from its home country to Canada, but thereafter shall not transport out of Canada to its home country more than three (3) fourth freedom Canadian-originating charter flight passengers for every two (2) third freedom charter flight passengers originated in its home country which it transported to Canada. For the purpose of this condition such charter passengers must travel on a round-trip basis and the outward and return flights shall be considered as one passenger trip with the originating outbound flight of the passenger determining the status of fourth or third freedom.
On April 4, 2000, the Minister of Transport announced a new policy for international passenger charter air services (hereinafter the new policy). One of the changes brought about by the new policy affects Condition No. 3 of Licence No. 977319. Pursuant to the new policy, the "uplift ratio" condition is no longer applicable and should therefore be deleted from Licence No. 977319.
Therefore, the Canadian Transportation Agency (hereinafter the Agency) deems it appropriate to amend Licence No. 977319 by deleting Condition No. 3.
Accordingly, the Agency, pursuant to subsection 74(1) of the Canada Transportation Act, S.C., 1996, c. 10, hereby amends Licence No. 977319 by deleting Condition No. 3.
A new document of licence bearing Licence No. 977319 will be issued.