Decision No. 581-A-2006
October 25, 2006
APPLICATION by Pakistan International Airlines Corporation pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10 for extra-bilateral authority to operate a third weekly flight to Toronto, Ontario, Canada without including services at Montréal, Quebec, Canada and to offer up to 1000 seats per week while operating air services between Pakistan and Canada, from November 1, 2006 until April 30, 2007.
Pakistan International Airlines Corporation (hereinafter Pakistan International) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on October 2, 2006.
The Agency notes that this application is a renewal of the authority granted by Decision No. 154-A-2006 dated March 16, 2006.
Under Licence No. 961035, Pakistan International is authorized to operate a scheduled international service between Pakistan and Canada in accordance with the terms and conditions of the Air Transport Agreement between the Government of Canada and the Government of the Islamic Republic of Pakistan, signed on January 15, 1996 (hereinafter the Agreement).
Condition Nos. 1 and 2 of Licence No. 961035 state:
The Licensee is authorized to operate the route(s) set out in the Agreement.
The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and the Islamic Republic of Pakistan.
The Agreement provides, inter alia, that Pakistan International may operate up to three (3) flights per week between Pakistan and Canada, providing up to 685 seats per week in each direction, subject to the carrier including services at Montréal when operating a third flight to Toronto.
In its application, Pakistan International states that the additional capacity and frequency of service to Toronto, is required to meet the demand for transportation between Toronto and Pakistan.
By letter dated September 29, 2006, Air Canada, the Canadian designated carrier for air services between Canada and Pakistan, indicated its support for approval of the extra-bilateral authority.
The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (hereinafter the CTA) for a service which is not permitted in a bilateral air transport agreement.
The Agency has reviewed and considered the application and the material filed in support thereof. In light of the support of Air Canada, the Agency is of the opinion that a temporary increase in capacity and temporary authority to operate a third flight without a stop at Montréal would be appropriate.
Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition Nos. 1 and 2 of Licence No. 961035 to the extent necessary to permit Pakistan International to provide up to 1000 seats per week in each direction between Canada and Pakistan and to operate a third weekly flight between Pakistan and Toronto without including services at Montréal, from November 1, 2006 until April 30, 2007, subject to the following condition:
No fifth freedom traffic may be carried between points in Europe and Toronto on the third flight.
In all other respects, the service(s) shall be operated in accordance with the Agreement.
The authority granted herein does not exempt Pakistan International from the requirements of other legislative acts or regulations, including those of Transport Canada.
This Decision shall form part of Licence No. 961035 and shall remain affixed thereto as long as this Decision is in force.
- Mary-Jane Bennett
- Beaton Tulk