Decision No. 516-A-2004

September 29, 2004

September 29, 2004

APPLICATION by Air Canada for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, to serve the additional points Punta Cana and La Romana in the Dominican Republic commencing on October 31, 2004.

File No. M4210/A74-4-53


Air Canada has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on September 3, 2004.

Under Licence No. 970003, Air Canada is authorized to operate a scheduled international service between Canada and the Dominican Republic pursuant to the Agreement between the Government of Canada and the Government of the Dominican Republic on Air Transport initialled ad referendum on June 18, 1986 (hereinafter the Agreement).

Condition No. 1 of Licence No. 970003 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 Santo Domingo and Puerto Plata in the Dominican Republic. There is no provision permitting service to additional points in the Dominican Republic.

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-258-A-2004 dated September 8, 2004. No comments were received.

The Agency notes that this application is for renewal of the approval granted by Decision No. 153-A-2004 dated March 25, 2004.

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. Air Canada did not specify the period of time for which authority is requested. The Agency is of the opinion that it would be appropriate in this case to grant temporary authority for the International Air Transport Association (IATA) 2004/2005 winter operating season.

The Agency has reviewed and considered the application and the material filed in support thereof and, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 970003 in order to allow Air Canada to serve the additional points Punta Cana and La Romana 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 Canada from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision shall form part of Licence No. 970003 and shall remain affixed thereto as long as the said Decision is in force.

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