Determination No. A-2019-160

August 30, 2019

APPLICATION by Sunwing Airlines Inc. (Sunwing), on behalf of itself and GetJet Airlines UAB (GetJet), 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).

Case number: 
19-05079

Sunwing, on behalf of itself and GetJet, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Sunwing to provide its scheduled international services between Canada and each of the following countries: Cuba, the Dominican Republic, and Mexico, using one aircraft with flight crew provided by GetJet, beginning on September 2, 2019, to October 1, 2019.

Sunwing 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 15 business 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 Sunwing from the application of subsection 8.2(2) of the ATR.

Sunwing is licensed to operate the relevant scheduled international services, large aircraft.

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 Sunwing of one aircraft with flight crew provided by GetJet, and the provision by GetJet 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, the Dominican Republic, and Mexico, using one aircraft and flight crew provided by GetJet, beginning on September 2, 2019, to October 1, 2019.

This approval is subject to the following conditions:

  1. Sunwing shall continue to hold the valid licence authority.
  2. Commercial control of the flights shall be maintained by Sunwing. GetJet shall maintain operational control of the flights and shall receive payment based on the rental of the aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
  3. Sunwing and GetJet 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.
  4. Sunwing shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  5. Sunwing and GetJet shall advise the Agency in advance of any changes to the information provided in support of the application.

Member(s)

Mary Tobin Oates
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