Determination No. A-2017-180

November 14, 2017

APPLICATION by Sunwing Airlines Inc. (Sunwing), TUI Airways Limited (TUI Airways) and TUI Airlines Belgium NV (TUI Airlines), pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA).

Case number: 
17-05328

Sunwing, TUI Airways and TUI Airlines (applicants) have applied to the Canadian Transportation Agency (Agency) to vary Determination No. A-2017-163 to reflect that the approvals apply to TUI Airways rather than Thomson Airways Limited carrying on business as Thomson Airways (Thomson Airways), and to TUI Airlines rather than TUI Airlines Belgium NV carrying on business as Jetairfly.

In Determination No. A-2017-163, the Agency approved the use by:

  1. Sunwing of two aircraft with flight crew provided by Thomson Airways, and the provision by Thomson Airways of such aircraft and flight crew to Sunwing, to permit Sunwing to provide its non scheduled international service between Montréal and Freeport; and to provide its scheduled international services on licensed routes between Canada and each of the following countries: Antigua, the Bahamas, Costa Rica, Cuba, Dominican Republic, Jamaica, Mexico and the United States of America, using two aircraft with flight crew provided by Thomson Airways, beginning on December 9, 2017 to April 12, 2018;
  2. Sunwing of one aircraft with flight crew provided by Jetairfly, and the provision by Jetairfly of such aircraft and flight crew to Sunwing, to permit Sunwing to provide its scheduled international services on licensed routes between Canada and each of the following countries: Cuba, Dominican Republic, Jamaica and Mexico, using one aircraft with flight crew provided by Jetairfly, beginning on November 16, 2017 to April 3, 2018.

The applicants advised the Agency that Thomson Airways has changed its name to TUI Airways; and that TUI Airlines Belgium NV carrying on business as Jetairfly has ceased using the business name Jetairfly.

As part of their application, the applicants provided a copy of a certificate of incorporation on change of name issued by the Registrar of Companies for England and Wales certifying that Thomson Airways has changed its name to TUI Airways. They also confirmed in writing that TUI Airlines Belgium NV no longer carries on business as Jetairfly.

The Agency has considered the application and the material in support and finds, pursuant to section 32 of the CTA, that there has been a change in the facts or circumstances pertaining to the Determination since it issued and that it should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, varies the Determination No. A-2017-163 by replacing all references to "Thomson Airways Limited carrying on business as Thomson Airways (Thomson Airways)" with "TUI Airways Limited (TUI Airways)"; and by replacing all references to "TUI Airlines Belgium NV carrying on business as Jetairfly (Jetairfly)" with "TUI Airlines Belgium NV (TUI Airlines)".

All other conditions set out in the Determination continue to apply.

Member(s)

Sam Barone
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