Determination No. A-2017-206
APPLICATION by UAB Avion Express (Avion Express), on behalf of itself and Cubana de Aviacion S.A. (Cubana), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Avion Express, on behalf of itself and Cubana, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Cubana to provide its scheduled international service between Cuba and Canada using aircraft with flight crew provided by Avion Express, beginning on December 22, 2017 for an indefinite period or such longer period as may be authorized by the Agency.
Avion Express has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts Avion Express from the application of subsection 8.2(2) of the ATR.
Cubana is licensed to operate a scheduled international service in accordance with Air Transport Agreement between the Government of Canada and the Government of the Republic of Cuba signed on February 12, 1998.
The Agency has considered the application and the material in support 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, approves the use by Cubana of aircraft with flight crew provided by Avion Express, and the provision by Avion Express of such aircraft and flight crew to Cubana, to permit Cubana to provide its scheduled international service on licensed routes between Cuba and Canada using aircraft and flight crew provided by Avion Express, beginning on December 22, 2017 to December 21, 2018.
This approval is subject to the following conditions:
- Cubana shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by Cubana. Avion Express 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.
- Cubana and Avion Express shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
- Cubana shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Cubana and Avion Express shall advise the Agency in advance of any changes to the information provided in support of the application.