Decision No. 726-A-2003

December 31, 2003

December 31, 2003

APPLICATION by Skyservice Airlines Inc. carrying on business as Skyservice pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 2003-A-321 dated May 28, 2003 to reflect a change in the display on its aircraft.

File No. M5000/S496


On November 6, 2003, Skyservice Airlines Inc. carrying on business as Skyservice (hereinafter Skyservice) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title.

By Order No. 2003-A-321 dated May 28, 2003, the Agency exempted Skyservice from the application of paragraph 18(c) of the Air Transportation Regulations, SOR/88-58, as amended, in order to permit Skyservice to operate a non-scheduled international service using aircraft displaying the name "Sunquest".

On November 6, 2003, Skyservice submitted an amended design sketch and requested that Order No. 2003-A-321 be varied in order that the slogan "Simply the best" could be displayed on the back half of the aircraft, above the name "Sunquest", in smaller letters than the name "Sunquest" which is already displayed in smaller letters than the name "Skyservice".

The Agency has considered the matter and finds, pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), that there has been a change in the facts and circumstances pertaining to Order No. 2003-A-321 since it was issued and that this Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA hereby varies Order No. 2003-A-321 dated May 28, 2003 by allowing Skyservice to display the slogan "Simply the best" on the back half of the aircraft, above the name "Sunquest", as set out in the sketch filed with the application in smaller letters than the name "Sunquest" which is already displayed in smaller letters than the name "Skyservice".

The Agency notes that in its original application, Skyservice had also requested the authority to display Sunquest's Web Site address on the engines of the aircraft. Consequently, Skyservice is also allowed to display Sunquest's Web Site address on the engines of the aircraft.

All other conditions set out in Order No. 2003-A-321 remain unchanged.

A copy of this Decision shall be carried on board the aircraft and be provided to foreign authorities upon request.

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