Decision No. 335-A-2016
El Al, on behalf of itself and Hi Fly, has applied to the Canadian Transportation Agency (Agency) for an approval to permit El Al to provide its scheduled international service between Israel and Canada using aircraft with flight crew provided by Hi Fly, beginning on October 31 to November 30, 2016.
El Al has also requested 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. 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 El Al from the application of subsection 8.2(2) of the ATR.
El Al is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the State of Israel on Air Transport, done at Jerusalem on 21 January 2015.
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 and section 8.2 of the ATR, approves the use by El Al of aircraft with flight crew provided by Hi Fly, and the provision by Hi Fly of such aircraft and flight crew to El Al, to permit El Al to provide its scheduled international service on licensed routes between Israel and Canada using aircraft and flight crew provided by Hi Fly, beginning on October 31 to November 30, 2016.
This approval is subject to the following conditions:
- El Al shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by El Al. Hi Fly 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.
- El Al and Hi Fly 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.
- El Al shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- El Al and Hi Fly shall advise the Agency in advance of any changes to the information provided in support of the application.