Agency Rulings

Order No. 2006-A-513

October 6, 2006

IN THE MATTER OF an application by Euroatlantic Airways - Transportes Aéreos S.A. carrying on business as Euroatlantic Airways for a blanket charter program permit exemption in order to permit it to operate foreign originating passenger charter flights, on behalf of the Government of Canada, from either Larnaca, Cyprus or Adana, Turkey to Dorval, Quebec, Canada, from July 22 to August 15, 2006.

File Nos. M4212/E338-2
M5000/E338

Euroatlantic Airways - Transportes Aéreos S.A. carrying on business as Euroatlantic Airways (hereinafter Euroatlantic Airways) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on July 21, 2006 and was dealt with on the after hours service on July 22, 2006.

Under Licence No. 000178, Euroatlantic Airways is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in Portugal and points in Canada.

In its request, Euroatlantic Airways states that it is requesting this exemption to avoid the necessity to file and refile requests on short notice for charter flights from either Larnaca, Cyprus or Adana, Turkey to Dorval due to the changes in operations and due to the magnitude of the anticipated operations to repatriate Canadian citizens from Lebanon. In addition, it is requesting the said exemption for an undetermined number of rotations until August 15, 2006 with details of individual operations to be filed with the Agency on a post facto basis.

Subparagraph 73(2)(c)(ii) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR) provides that no air carrier shall operate a foreign originating charter flight unless that air carrier files a notice in writing with the Agency 15 days before the planned date proposed to be operated pursuant to the air carrier's non-scheduled international licence valid for that type of charter.

The Agency has considered the application and the nature of the proposed charter flights and finds it appropriate to authorize their operation. The Agency has determined that Euroatlantic Airways requires a variance of its licence in order to operate the proposed flights.

Therefore, the Agency, pursuant to subsection 74(1) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), deems it appropriate to add the following condition to Euroatlantic Airways' non-scheduled international Licence No. 000178:

The Licensee is authorized to operate, on behalf of the Government of Canada, foreign originating entity passenger charter flights from either Larnaca, Cyprus or Adana, Turkey to Dorval, Quebec, Canada from July 22 to August 15, 2006.

The Agency has considered the matter and is of the opinion that compliance by Euroatlantic Airways with subparagraph 73(2)(c)(ii) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts Euroatlantic Airways from the application of subparagraph 73(2)(c)(ii) of the ATR.

Also, the Agency hereby grants program permit No. FEPF-24/06 to Euroatlantic Airways for the operation of foreign originating entity passenger charter flights, on behalf of the Government of Canada, from either Larnaca, Cyprus or Adana, Turkey to Dorval, Quebec, Canada, from July 22 to August 15, 2006.

Euroatlantic Airways doit fournir à l'Office, dans les trente (30) jours suivant l'expiration de la présente autorisation, les points d'origine et de destination, la date d'exécution du/des vol(s) et le nombre de passagers transportés pour chacun des vols effectués en vertu de cette autorisation.

Euroatlantic Airways is required to provide the Agency, within thirty (30) days after the expiration of this authority, with the origin and destination, date of flight(s), type of aircraft and the number of passengers carried for each flight operated under this authority.

This Order takes effect on July 22, 2006, the date on which it was verbally communicated to Euroatlantic Airways.