Decision No. 213-A-2013
APPLICATION by British Airways Plc carrying on business as British Airways on behalf of itself and Global Supply Systems Ltd., for an approval 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.
British Airways Plc carrying on business as British Airways (British Airways,) on behalf of itself and Global Supply Systems Ltd. (Global Supply Systems,) has applied to the Canadian Transportation Agency (Agency) for an approval to provide its non-scheduled international service between each of Milan, Italy; London, England, United Kingdom; East Midlands, England, United Kingdom; and Mirabel, Quebec, Canada from June 2 to 12, 2013 using a Boeing 747‑8F aircraft and flight crew provided by Global Supply Systems.
British Airways is licensed to operate a non‑scheduled international service between Great Britain and Canada.
British Airways filed its application with the Agency on May 30, 2013 which is three days before the first proposed flight. Therefore, British Airways is also requesting an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight.
In Decision No. 426-A-2012 dated November 7, 2012, the Agency advised that the 45-day filing requirement will be strictly enforced for any new applications made after the date of issuance of that Decision, unless the applicant can demonstrate to the Agency that the requirements for a wet lease resulted from an unexpected or unforeseeable situation.
British Airways states that the reason that the request is late is due to a misunderstanding on its part as to the requirements for the flights. Its initial understanding was that these flights would be operated on a scheduled international basis which is not the case.
The Agency has considered the submission and is satisfied that the application was filed late as a result of an unexpected or unforeseeable situation.
Therefore, 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 CTA, exempts British Airways from the application of subsection 8.2(2) of the ATR.
The Agency has considered the application 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 and section 8.2 of the ATR, approves the use by British Airways of aircraft and flight crew provided by Global Supply Systems, and the provision by Global Supply Systems of such aircraft and flight crew to British Airways, to permit British Airways to provide its non‑scheduled international service between each of Milan, London, East Midlands and Mirabel from June 2 to 12, 2013 using a Boeing 747-8F aircraft and flight crew provided by Global Supply Systems.
This approval is subject to the following conditions:
- British Airways shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by British Airways. Global Supply Systems 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.
- British Airways and Global Supply Systems 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.
- British Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- British Airways and Global Supply Systems shall advise the Agency in advance of any changes to the information provided in support of the application.