Determination No. A-2018-107
APPLICATION by Hi Fly - Transportes Aéreos, S.A. carrying on business as Hi Fly (Hi Fly), 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).
Hi Fly, on behalf of itself and Sata Internacional, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Sata Internacional to provide its scheduled international services between member states of the European Community and Canada using one aircraft with flight crew provided by Hi Fly, beginning on May 16, 2018 to June 1, 2018.
Hi Fly 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 Hi Fly from the application of subsection 8.2(2) of the ATR.
Sata Internacional is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.
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 Sata Internacional of one aircraft with flight crew provided by Hi Fly, and the provision by Hi Fly of such aircraft and flight crew to Sata Internacional, to permit Sata Internacional to provide its scheduled international services on licensed routes between member states of the European Community and Canada using one aircraft and flight crew provided by Hi Fly, beginning on May 16, 2018 to June 1, 2018.
This approval is subject to the following conditions:
- Sata Internacional shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by Sata Internacional. Hi Fly 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.
- Sata Internacional and Hi Fly 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.
- Sata Internacional shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Sata Internacional and Hi Fly shall advise the Agency in advance of any changes to the information provided in support of the application.