Decision No. 707-A-2006
December 22, 2006
APPLICATION by Compania Mexicana de Aviacion, S. A. de C.V. carrying on business as Mexicana Airlines for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, to operate two (2) flights from Toronto to Acapulco, in lieu of from Toronto to Mexico City, on January 6 and 10, 2007 with return flights on March 6 and 7, 2007.
File No. M4212/M99-3-1
Compania Mexicana de Aviacion, S.A. de C.V. carrying on business as Mexicana Airlines (hereinafter Mexicana) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on December 13, 2006.
Canadian air carriers operating scheduled international services to Acapulco were advised of the application. No objections were received.
Under Licence No. 975000, Mexicana is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States signed on December 21, 1961, as amended (hereinafter the Agreement).
Condition No. 1 of Licence No. 975000 states:
The Licensee is authorized to operate a scheduled international service between points in Mexico and points in Canada as designated in accordance with the Agreement.
Under the terms of the Agreement, Mexicana is designated to operate services between Mexico City and Toronto, but not between Acapulco and Toronto. Thus, the operation of the flights proposed is not permitted by the Agreement.
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. The Agency notes the explanation by Mexicana that these flights are to meet the special requirements of two groups and that it is not eligible for designation for the route Acapulco - Toronto unless it agrees to a continued service between those points.
Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 975000 to the extent necessary to permit Mexicana to operate two (2) flights from Toronto to Acapulco on January 6 and 10, 2007 with return flights from Acapulco to Toronto on March 6 and 7, 2007.
In all other respects, the service(s) shall be operated in accordance with the Agreement.
The authority granted herein does not exempt Mexicana from the requirements of other legislative acts or regulations, including those of Transport Canada.
This Decision shall form part of Licence No.975000 and shall remain affixed thereto as long as this Decision is in force.
- Guy Delisle
- Baljinder Gill