Decision No. 2-A-2014
APPLICATION by WestJet, on behalf of itself and Atlas Air Inc., 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.
WestJet has applied to the Canadian Transportation Agency (Agency) for an approval to permit WestJet to provide its domestic service, large aircraft using a Boeing 747-400 type aircraft and flight crew provided by Atlas Air Inc. (Atlas Air) for one flight between Toronto and Calgary on January 9, 2014.
WestJet has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (CTA), exempts the Licensee from the application of subsection 8.2(2) of the ATR.
WestJet states that this last minute flight is necessary in order to transport passengers that are stranded at Toronto-Lester B. Pearson International Airport due to inclement weather.
WestJet is licensed to operate a domestic service, large aircraft.
The Agency notes that Transport Canada exempted Atlas Air from the application of subsections 700.02(1) and 701.02(1) of the Canadian Aviation Regulations, SOR/96-433 to permit it, while not being the holder of a Canadian Air Operator Certificate, to transport passengers, on behalf of WestJet, between Toronto and Calgary on January 9, 2014.
The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA, approves the use by WestJet of a Boeing 747-400 type aircraft and flight crew provided by Atlas Air, and the provision by Atlas Air of such aircraft and flight crew to WestJet, to permit WestJet to provide its domestic service, large aircraft using a Boeing 747-400 type aircraft and flight crew provided by Atlas Air between Toronto and Calgary on January 9, 2014.
This approval is subject to the following conditions:
- WesJet shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by WestJet. Atlas Air shall maintain operational control of the flight 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.
- WestJet and Atlas Air 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.
- WestJet shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- WestJet and Atlas Air shall advise the Agency in advance of any changes to the information provided in support of the application.