Decision No. 544-A-2008
October 24, 2008
APPLICATION by Aerovias del Continente Americano S.A. carrying on business as Avianca pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, for a temporary licence to operate international air services on a scheduled basis between Colombia and Canada.
File No. M4212/A1020-4
Aerovias del Continente Americano S.A. carrying on business as Avianca (Avianca) has applied to the Canadian Transportation Agency (the Agency) for a licence to operate the services set out in the title.
Under Licence No. 050007, Avianca is authorized to operate a scheduled international service, limited to three (3) flights per week, between Canada and Colombia.
Condition No. 2 of Licence No. 050007 states:
Unless terminated at an earlier date in accordance with the CTA, this licence shall terminate on October 31, 2008.
The authority requested by Avianca is extra-bilateral because there is no agreement or arrangement between the Government of Canada and the Government of Colombia which provides for the operation by an air carrier of a scheduled international air service between Canada and Colombia.
Pursuant to subsection 78(2) of the Canada Transportation Act (the CTA), the Agency may issue a licence, on a temporary basis, for international air services that are not permitted in an agreement, a convention or an arrangement relating to civil aviation to which Canada is a party.
Avianca has been designated by the Government of Colombia to conduct international air transportation between Colombia and Canada.
Prior to issuing a licence, the Agency must be satisfied that the applicant holds a valid Canadian aviation document and has the prescribed liability insurance coverage. The Agency has considered the material on file and is satisfied that Avianca meets those requirements.
The Agency notes that by Order No. 2008-A-373 dated September 23, 2008, Avianca was exempted from the application of section 59 of the CTA, thereby permitting it to sell, cause to be sold or publicly offer for sale in Canada scheduled international services, limited to three (3) flights per week, between Colombia and Canada, for travel beyond October 31, 2008, without holding the required licence.
The Agency finds it appropriate to grant the authority until October 31, 2009.
Accordingly, pursuant to subsection 78(2) of the CTA, the Agency hereby amends Condition Nos. 1 and 2 of temporary Licence No. 050007 to read:
- The Licensee is authorized to operate international air services on a scheduled basis, limited to three (3) flights per week, between Colombia and Canada.
- Unless terminated at an earlier date in accordance with the CTA, this licence shall terminate on October 31, 2009.
A new document of licence bearing Licence No. 050007 will be issued to Avianca.
Any similar requests for a subsequent authority shall be submitted to the Agency for approval by no later than October 1, 2009.
- John Scott
- J. Mark MacKeigan