Decision No. 716-A-2004
December 31, 2004
File No. M4210/Z11-2
Zoom Airlines Incorporated (hereinafter Zoom), on behalf of itself and Skyservice Airlines Inc. carrying on business as Skyservice (hereinafter Skyservice), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on December 24 , 2004.
Zoom has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), which requires the filing of an application for approval at least 45 days before the first planned flight.
Under Licence No. 977397, Skyservice (hereinafter Skyservice) is authorized to operate a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.
Under Licence No. 020150, Zoom is authorized to operate a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.
With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by Zoom with subsection 8.2(2) of the ATR is impractical in this case.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (hereinafter the CTA), hereby orders that Zoom be exempt from the application of subsection 8.2(2) of the ATR.
The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, hereby approves the use by Zoom of aircraft and flight crew provided by Skyservice, and the provision by Skyservice of such aircraft and flight crew to Zoom, to permit Zoom to provide its non-scheduled international air service between Ottawa, Ontario, Halifax, Nova Scotia and Puerto Vallarta, Mexico on January 3, 2005 and between Montréal, Quebec and Holguin, Cuba on January 4, 2005 using aircraft and flight crew provided by Skyservice, subject to the following conditions:
- Zoom shall continue to hold the required licence authority.
- Commercial control of the flights shall be maintained by Zoom. Skyservice shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
Zoom and Skyservice are reminded to advise the Agency in advance of any changes to the information provided in support of the subject application.
Zoom and Skyservice are further reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
The approval granted herein does not exempt Zoom and Skyservice from the requirements of other legislative acts or regulations, including those of Transport Canada.