Decision No. 118-A-2009
March 27, 2009
APPLICATION by Cargolux Airlines International, S.A. for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to operate one weekly all-cargo flight between Luxembourg and Toronto, Ontario, Canada via Huntsville, Alabama, United States of America, inbound, and Prestwick, Scotland, outbound, with fifth freedom traffic rights, commencing on April 19, 2009.
File No. M4212/C180-4
Cargolux Airlines International, S.A. ( Cargolux) has applied to the Canadian Transportation Agency (Agency) for the authority set out in the title. The application was complete on March 16, 2009.
Under Licence No. 030143, Cargolux is authorized to operate a scheduled international service in accordance with the Memorandum of Understanding between the Government of Canada and the Government of the Grand Duchy of Luxembourg on Scheduled Air Services signed on June 23, 2003 (Memorandum of Understanding).
Condition No. 1 of Licence No. 030143 states:
The Licensee is authorized to operate the route(s) set out in the Memorandum of Understanding.
Under the terms of the Memorandum of Understanding, Cargolux may operate one flight per week on the route Luxembourg/Prestwick/ Seattle/Calgary/Prestwick/Luxembourg, with authority to carry fifth freedom cargo traffic between Seattle and Calgary and between Calgary and Prestwick and one flight per week on the route Luxembourg/Los Angeles/Portland/ Calgary/Luxembourg, with authority to carry fifth freedom cargo traffic between Los Angeles and Calgary and between Portland and Calgary.
Therefore, there is no provision for services between Luxembourg and Toronto.
As the proposed service is not provided for in the Memorandum of Understanding and requires extra-bilateral authority, notice of the application was given to Canadian air carriers that may have an interest and to The Greater Toronto Airport Authority (GTAA). The GTAA submitted an intervention in support of the application. No objections were received.
The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (CTA) for a service which is not permitted in a bilateral air transport agreement.
The Agency has reviewed and considered the application and the material in support.
With respect to the duration of the authority, the Agency is of the opinion that it would be appropriate to grant temporary authority for the 2009 International Air Transport Association (IATA) summer season.
Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, varies Condition No. 1 of Licence No. 030143 to the extent necessary to permit Cargolux to operate one weekly all-cargo flight between Luxembourg and Toronto via Huntsville, inbound, and Prestwick, outbound, with fifth freedom traffic rights, from April 19 to October 24, 2009.
In all other respects, the services shall be operated in accordance with the Memorandum of Understanding.
The authority granted does not exempt Cargolux from the requirements of other legislative acts or regulations, including those of Transport Canada.
This Decision shall form part of Licence No. 030143 and shall remain affixed thereto as long as this Decision is in force.
- Raymon J. Kaduck
- J. Mark MacKeigan