Order No. 2007-A-583
December 24, 2007
IN THE MATTER OF an application for an exemption from the application of section 59 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to permit Eva Airways Corporation to sell, cause to be sold or publicly offer for sale in Canada a scheduled international service between Canada and Taipei, in the absence of a licence.
File No. M4212/E176-4
Eva Airways Corporation (hereinafter Eva Airways) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on December 3, 2007.
Section 59 of the Canada Transportation Act (hereinafter the CTA) states that no person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under Part II of the CTA, a person holds a licence issued under that part in respect of that service and that licence is not suspended.
Under Licence No. 990059, Eva Airways is authorized to operate a scheduled international service, in a manner consistent with the Supplementary Confidential Memorandum on Air Services between the Canadian Trade Office in Taipei and the Civil Aeronautics Administration of the Ministry of Transportation and Communications in Taipei signed on February 25, 1999, as amended.
Condition No. 2 of the said licence states:
The authority granted herein shall terminate on March 31, 2008.
Pursuant to Decision No. 69-A-2007 dated February 14, 2007, Eva Airways is required to submit a request for another authority to the Agency by no later than February 28, 2008.
In its application, Eva Airways advises that it requests the exemption in order to be allowed to sell, cause to be sold or publicly offer for sale in Canada its service under Licence No. 990059 for travel beyond March 31, 2008.
The Agency has carefully reviewed and considered the application and is of the opinion that in order for the service to be viable, Eva Airways must be able to continue selling seats without interruption. Therefore, the Agency finds that compliance by Eva Airways with section 59 of the CTA is impractical in the present circumstances.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts Eva Airways from the application of section 59 of the CTA, effective from the date of this Order, thereby permitting Eva Airways to sell, cause to be sold or publicly offer for sale in Canada a scheduled international service, between Canada and Taipei for travel beyond March 31, 2008, without holding the required licence, subject to the following conditions:
- The exemption authorized herein does not relieve Eva Airways from the requirement to hold a licence as required under Part II of the CTA in respect of the service to be provided and, accordingly, no flights shall be operated until the appropriate licence authority has been granted.
- Should the scheduled international licence not issue by March 31, 2008, Eva Airways shall arrange to provide alternative air transportation by an appropriately licensed air carrier, at no additional cost for all passengers who have made reservations with Eva Airways or, if such arrangements are not possible or acceptable to the passenger, to provide a full refund of all monies paid by the passenger.
The exemption authorized herein is valid until March 31, 2008.
The exemption granted herein does not exempt Eva Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.