Determination No. A-2018-172
APPLICATION by Binter Canarias, SA carrying on business as Binter Canarias (Binter), on behalf of itself and Sata Internacional - Azores Airlines, S.A. (Sata Internacional), 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).
Binter, on behalf of itself and Sata Internacional, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Binter to provide its scheduled international service between Canada and Member States of the European Community by selling transportation in its own name on flights operated by Sata Internacional, for an indefinite period.
Binter 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 Binter from the application of subsection 8.2(2) of the ATR.
Binter is licensed to operate a scheduled international service in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement).
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 Binter of aircraft with flight crew provided by Sata Internacional, and the provision by Sata Internacional of such aircraft and flight crew to Binter, to permit Binter to provide its scheduled international service on licensed routes between Canada and Member States of the European Community by selling transportation in its own name on flights operated by Sata Internacional for an indefinite period from the date of this Decision.
This approval is subject to the following conditions:
- Binter shall continue to hold the valid licence authority.
- Binter shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
- The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
- Binter and Sata Internacional 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.
- Binter shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Binter and Sata Internacional shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.