Decision No. 273-A-2000

April 17, 2000

April 17, 2000

APPLICATION by Olympic Airways, S.A. for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10., to permit it to operate two flights each week on a route Athens-Boston-Toronto, from the date of this Decision to June 17, 2000.

File No. M4820-2-G3


Olympic Airways, S.A. (hereinafter Olympic) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on April 17, 2000.

Under Licence No. 975128, Olympic is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Hellenic Republic on Air Transport signed on August 20, 1984, as amended (hereinafter the Agreement).

Condition No. 1 of Licence No. 975128 states:

The Licensee is authorized to operate the route(s) set out in the Agreement.

Condition No. 2 of Licence No. 975128 states:

The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and Greece.

Note 3 of Section I of the Schedule of Routes of the Agreement specifies that:

Service to Toronto shall be subject to the special conditions related to exemption from the moratorium on access of new foreign carriers to the Lester B. Pearson International Airport as set out in the Aide- Mémoire "Access to Toronto International Airport by Foreign Carriers" dated October 31, 1983 and issued by the Department of External Affairs of Canada.

The Aide-Mémoire requires Olympic to provide at Montréal at least as many as the number of arrivals and departures at Toronto.

By Diplomatic note of January 31, 2000, the Government of Canada advised the Government of Greece that the proposal to operate two flights to Toronto via Montréal and two flights to Toronto via Boston was not in compliance with Note 3 of Section I of the Schedule of Routes of the Agreement, but Olympic should apply to the Agency for the necessary authority to operate temporarily, from March 26, 2000 to March 31, 2001, the said flights with no commercial rights on the sector between Boston and Toronto.

Air Canada verbally advised that it supports the application.

The Agency has reviewed and considered the application and the material filed in support thereof. The Agency notes that in accordance with the General Schedule filed by Olympic, four flights will be operated each week to Toronto until June 17, 2000: two via Montréal and two via Boston. Consequently, the Agency has determined that the subject flights via Boston are not provided for in the Agreement, and Olympic will require special authority to operate the said flights. The Agency is satisfied that Olympic should be relieved of the requirement to provide at Montréal at least as many as the number of arrivals and departures at Toronto in order to operate the subject flights.

Accordingly, the Agency, pursuant to subsection 78(2) of the Canada Transportation Act, hereby varies Condition Nos. 1 and 2 of Licence No. 975128 to permit Olympic to operate two flights each week on either a route Athens-Boston-Toronto, or Athens-Toronto, from the date of this Decision to June 17, 2000, with no commercial rights on the sector between Boston and Toronto.

This Decision shall be affixed to Licence No. 975128 and shall remain affixed thereto until June 18, 2000.

The authority granted herein does not exempt Olympic from the requirements of other legislative acts or regulations, including those of Transport Canada.

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