Decision No. 187-A-2013

May 15, 2013

APPLICATION by Air Transat A.T. Inc. carrying on business as Air Transat, on behalf of itself and 1263343 Alberta Inc. carrying on business as Enerjet, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No.: 
M4835-5-14

Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat), on behalf of itself and 1263343 Alberta Inc. carrying on business as Enerjet (Enerjet), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international service between Canada (Edmonton, Calgary and Vancouver) and Mexico (Puerto Vallarta and Cancun) using aircraft and flight crew provided by Enerjet, from May 18 to October 27, 2013.

Air Transat is licensed to operate a scheduled international service, large aircraft, in accordance with the Arrangement between the Government of Canada and the Government of the United Mexican States contained in an Agreed Minute signed on July 28, 2011.

The Agency has considered the application and the material in support and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (ATR).

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act (CTA) and section 8.2 of the ATR, approves the use by Air Transat of aircraft and flight crew provided by Enerjet, and the provision by Enerjet of such aircraft and flight crew to Air Transat, to permit Air Transat to provide its scheduled international service on licensed routes between Canada (Edmonton, Calgary and Vancouver) and Mexico (Puerto Vallarta and Cancun) using aircraft and flight crew provided by Enerjet, from May 18 to October 27, 2013.

This approval is subject to the following conditions:

  1. Air Transat shall continue to hold the valid licence authority.
  2. Commercial control of the flights shall be maintained by Air Transat. Enerjet shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
  3. Air Transat and Enerjet shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
  4. Air Transat shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  5. Air Transat and Enerjet shall advise the Agency in advance of any changes to the information provided in support of the application.

Member(s)

Geoffrey C. Hare
Raymon J. Kaduck
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