Decision No. 498-A-2004

September 20, 2004

September 20, 2004

APPLICATION by Air Transat A.T. Inc. carrying on business as Air Transat for authority to serve the additional points Cayo Largo del Sur, Camaguey, Cienfuegos, Santiago de Cuba and Santa Clara, Cuba under Licence No. 975104 for the 2004/2005 - International Air Transport Association (IATA) winter season.

File No. M4210/A328-4-1


Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter Air Transat) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority to operate the service set out in the title. The application was received on August 31, 2004.

Under Licence No. 975104, Air Transat is authorized to operate a scheduled international service between Canada and Cuba 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 (hereinafter the Agreement).

Condition No. 1 of Licence No. 975104 states:

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

Under the terms of the Agreement the airlines designated by Canada may serve Havana, Varadero, Cayo Coco and Holguin, Cuba. There is no provision permitting service to additional points.

As the proposed service is not provided for in the Agreement and requires extra-bilateral authority, notice of the application was given to Canadian air carriers by Decision No. LET-A-244-2004 dated September 2, 2004. No comments were received.

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) for a service which is not permitted in a bilateral air transport agreement. The Agency's usual practice is to grant temporary authority for periods of six months or periods which coincide with the IATA summer or winter operating seasons.

The Agency has reviewed the application and, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 975104 in order to allow Air Transat to serve the additional points Cayo Largo del Sur, Camaguey, Cienfuegos, Santiago de Cuba and Santa Clara, Cuba from October 31, 2004 to March 26, 2005.

In all other respects, the service shall be operated in accordance with the Agreement.

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

This Decision shall form part of Licence No. 975104 and shall remain affixed thereto as long as the said Decision is in force.

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