Decision No. 399-A-2015

December 24, 2015
APPLICATION by Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat), on behalf of itself and 1263343 Alberta Inc. carrying on business as Enerjet (Enerjet), 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.
Case number: 
15-05814

Air Transat, on behalf of itself and Enerjet, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Transat to provide its scheduled international service between Canada and Cuba using aircraft with flight crew provided by Enerjet, beginning on December 31, 2015 to January 14, 2016.

Air Transat 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 Air Transat from the application of subsection 8.2(2) of the ATR.

Air Transat is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Republic of Cuba signed on February 12, 1998.

Enerjet is licensed to operate a non‑scheduled international service, large aircraft and has a Canadian Air Operator Certificate in effect.

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 Air Transat of aircraft with flight crew provided by Enerjet, and the provision by Enerjet of such aircraft and flight crew to Air Transat, to permit Air Transat to provide its scheduled international service on licensed routes between Canada and Cuba using aircraft and flight crew provided by Enerjet, beginning on December 31, 2015 to January 14, 2016.

This approval is subject to the following conditions:

  1. Air Transat shall continue to hold the valid licence authority.
  2. Commercial control of the flights shall be maintained by Air Transat. Enerjet 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.
  3. Air Transat and Enerjet 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.
  4. Air Transat shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  5. Air Transat and Enerjet shall advise the Agency in advance of any changes to the information provided in support of the application.

Member(s)

Sam Barone
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