Determination No. A-2018-100
APPLICATION by Air Canada carrying on business as Air Canada Jetz, as Air Canada rouge and as Air Canada Cargo (Air Canada), on behalf of itself and Jazz Aviation LP, as represented by its general partner, Aviation General Partner Inc. carrying on business as Air Canada Express and as Jazz (Jazz), 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).
Air Canada, on behalf of itself and Jazz, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide one non-scheduled international flight between Montréal, Quebec, Canada and Nassau, Bahamas leaving on May 12 and returning on May 20, 2018 using one Bombardier CRJ200 aircraft with flight crew provided by Jazz.
Air Canada 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 Air Canada from the application of subsection 8.2(2) of the ATR.
Air Canada is licensed to operate, among others, a non-scheduled international service, medium 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 Air Canada of one aircraft with flight crew provided by Jazz, and the provision by Jazz of such aircraft and flight crew to Air Canada, to permit Air Canada to provide one non‑scheduled international flight between Montréal and Nassau leaving on May 12 and returning on May 20, 2018 using one Bombardier CRJ200 aircraft with flight crew provided by Jazz.
This approval is subject to the following conditions:
- Air Canada shall continue to hold the valid license authority.
- Commercial control of the flights shall be maintained by Air Canada. Jazz 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.
- Air Canada and Jazz 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.
- Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Air Canada and Jazz shall advise the Agency in advance of any changes to the information provided in support of the application.
Air Canada is reminded to contact Transport Canada for compliance with security requirements and the local airport authority for permission to operate at specific times or for the use of any airport facility. Regarding the availability of clearance services and hours of operation of the port of entry, Air Canada is reminded to contact the Canada Border Services Agency. In addition, this authority should be carried on board the aircraft.