Decision No. 648-A-2007

December 21, 2007

December 21, 2007

APPLICATION by Finnair OYJ for authority to onload bellyhold cargo at Halifax destined for Helsinki, Finland, while operating passenger charter flights between Helsinki, Finland and each of Panama City, Panama, Puerto Plata, Dominican Republic, Punta Cana, Dominican Republic, Cancun, Mexico and Holguin, Cuba until March 25, 2008.

File No. M5000/F158


Finnair OYJ (hereinafter Finnair) has applied to the Canadian Transportation Agency (hereinafter the Agency) for authority to operate the service set out in the title. The application was received on November 26, 2007.

Under Licence No. 977282, Finnair is authorized to transport traffic on a charter basis between points in Finland and points in Canada.

Finnair seeks permission to onload bellyhold cargo on a unit toll basis during technical stops at the Halifax Robert L. Stanfield International Airport while operating passenger charter flights between Helsinki, Finland and each of Panama City, Panama, Puerto Plata, Dominican Republic, Punta Cana, Dominican Republic, Cancun, Mexico and Holguin, Cuba until March 25, 2008.

Canadian air carriers' comments were solicited and none were received.

Subsection 74(5) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR) provides that no air carrier operating an ongoing or return portion of a foreign-origin passenger charter shall take on board at any point in Canada goods, except in accordance with section 23 of the ATR.

Paragraphs 23(1)(b) and 23(1)(c) of the ATR provide, inter alia, that every non-scheduled international licence providing for the operation of international charters is subject to the condition that no goods be carried for remuneration, on an aircraft used for a passenger charter flight except pursuant to another charter contract that is for only part of the bellyhold of the aircraft and between the points served for the purpose of embarking or disembarking passengers.

Finnair submits that the reduced transportation costs resulting from the proposed operation would significantly promote exports from Canada, enhance the availability of Canadian seafood product in Finland and other areas and help the Halifax seafood producers in the winter market.

Given the nature of Finnair's proposed operation, the fact that the seafood is destined to Helsinki and the benefits it would provide to Canadian seafood producers, the Agency is of the opinion that compliance with paragraphs 23(1)(b) and 23(1)(c) of the ATR by Finnair is undesirable in this instance.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, hereby orders that Finnair be exempt from the application of paragraphs 23(1)(b) and 23(1)c) of the ATR, thereby permitting it to transport cargo on a unit toll basis between Halifax and Finland in the unused bellyhold space on aircraft used for passenger charter flights between Helsinki, Finland and each of Panama City, Panama, Puerto Plata, Dominican Republic, Punta Cana, Dominican Republic, Cancun, Mexico and Holguin, Cuba until March 25, 2008.

Finnair is required to contact Transport Canada or the Halifax Robert L. Stanfield International Airport Authority regarding permission to operate at specific times and for compliance with security requirements. With respect to the availability of clearance services, Finnair shall contact the Canada Border Services Agency. Finnair must comply with all other applicable requirements of legislative acts or regulations, including those of Transport Canada.

It should be noted that the Agency is not bound by its previous decisions and that, accordingly, this exemption should not be relied upon for justification for similar applications in the future.

This Decision shall form part of Licence No. 977282 and shall remain affixed thereto as long as the said Decision is in force.

Members

  • J. Mark MacKeigan
  • John Scott
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