Decision No. 650-A-2007
December 24, 2007
APPLICATION by Air Transat A.T. Inc. carrying on business as Air Transat pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, for a licence to operate a scheduled international service, large aircraft, between points in Canada and points in Switzerland.
File No. M4210/A328-4-18
Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for a licence to operate the service set out in the title. The application was received on October 5, 2007.
By letter dated September 21, 2007, the Minister of Transport designated the applicant as eligible to hold a scheduled international licence pursuant to subsection 69(2) of the Canada Transportation Act (hereinafter the CTA).
By Order No. 2007-A-443 dated October 3, 2007, the Agency granted the applicant an exemption from section 59 of the CTA, thereby permitting the applicant to sell, cause to be sold, or publicly offer for sale in Canada a scheduled international service, large aircraft, between Canada and Switzerland, subject to certain conditions.
The Agency has reviewed the application and is satisfied that the applicant meets the requirements of subsection 69(1) of the CTA. The Agency is also satisfied that the pertinent terms and conditions of the Air Transport Agreement between Canada and the Swiss Confederation, signed on February 20, 1975 (hereinafter the Agreement) have been complied with.
Accordingly, the Agency will issue to the applicant a licence to operate a scheduled international service, large aircraft.
Pursuant to subsection 71(1) of the CTA, the Agency deems the terms and conditions set out below to be consistent with the Agreement and will therefore include them in the licence to be issued pursuant to this Decision.
The licence to be issued pursuant to this Decision shall be subject, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), to the requirements to hold a Canadian aviation document issued by the Minister of Transport and to have prescribed liability insurance coverage as set out in section 7 of the ATR, and to the following terms and conditions to which the licence is made subject pursuant to subsection 71(1) of the CTA:
- 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 Switzerland.
- Unless terminated at an earlier date in accordance with the CTA or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.
- Raymon J. Kaduck
- J. Mark MacKeigan